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South Africa Case Law

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Administrative Law [2021] ZAECGHC 118

Sustaining The Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021)

Sustaining The Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA 796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021)

Court
Eastern Cape High Court, Grahamstown
Case number
3491/2021
Judge
G H Bloem

The court found that Shell's consultation process was inadequate and failed to meaningfully engage affected Wild Coast communities, particularly those with customary fishing rights and spiritual ties to the sea. The advertisements were inaccessible to many community members due to language and literacy barriers, and meetings were held in locations excluding local stakeholders. The environmental management programme was outdated and did not reflect current scientific understanding or adequately address risks to marine life and livelihoods. The applicants established a prima facie right to mean…

Source excerpt

  • Consultation Requirements
  • Customary Fishing Rights
  • Environmental Authorisation
  • Precautionary Principle
  • Interim Interdict
  • Section 24 Rights
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Administrative Law [2016] ZAWCHC 150

Coastal Links Langebaan and Others v Minister of Agriculture, Forestry and Fisheries and Others (11907/13)

Coastal Links Langebaan and Others v Minister of Agriculture, Forestry and Fisheries and Others (11907/13) [2016] ZAWCHC 150; [2017] 2 All SA 46 (WCC) (31 October 2016)

Court
Western Cape High Court, Cape Town
Case number
11907/13
Judge
Sher

The court found that the restrictive conditions imposed on the applicants' permits and exemptions, prohibiting fishing in Zone B, were arbitrary and irrational. The respondents relied on outdated scientific studies and failed to consider more recent, lagoon-specific data and the imperative for transformation as required by the Marine Living Resources Act and applicable policies. The mechanistic repetition of exclusionary conditions, without annual application of the mind or consideration of relevant material, rendered the process irrational. Furthermore, the exclusion of historically disadvan…

Source excerpt

  • Marine Living Resources Act
  • Unfair Discrimination
  • Protected Areas Management
  • Review Of Administrative Action
  • Structural Interdict
  • Customary Fishing Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.