South Africa Case Law

Thungela Operations (Pty) v Ltd Xakwa Coal (Pty) Ltd and Others (24010/2022)

Thungela Operations (Pty) v Ltd Xakwa Coal (Pty) Ltd and Others (24010/2022) [2022] ZAGPPHC 889 (18 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

24010/2022

Judge

N Davis

After the application was withdrawn, the court held that each party should pay its own costs because the applicant acted reasonably and an official directive made final relief unnecessary.

• National Water Act Directive
• Costs On Withdrawal
• Interdict Proceedings
• Duty Of Care Under Nema
• Costs-on-withdrawal
• Environmental-law

Hocom Properties (Pty) Ltd v The MEC: Gauteng Department of Economic Development, Environmental, Agricultural and Rural Development and Another (23729/20)

Hocom Properties (Pty) Ltd v The MEC: Gauteng Department of Economic Development, Environmental, Agricultural and Rural Development and Another (23729/20) [2022] ZAGPJHC 267 (22 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

23729/20

Judge

Windell

The court found that the MEC's decision to impose a 30m buffer zone and other conditions on the applicant's property was irrational and procedurally unfair. The MEC failed to properly consider the expert evidence presented by the applicant, particularly the Hydropedology Report by Dr. De Waals, which demonstrated that the wetland was drying up due to the loss of its hydrological drivers. The departmental officials who conducted the site inspection were not qualified soil scientists and did not perform a scientific soil test in accordance with the DWAF Guidelines. The MEC's reliance on unsubst…

Source excerpt

• Promotion Of Administrative Justice Act
• Environmental Authorisation
• Wetland Delineation
• Buffer Zone Requirements
• Municipal Planning
• Duty Of Care Under Nema