South Africa Case Law

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022)

De Jager N.O and Others v Minister of Water Affairs and Others (5481/2022) [2025] ZAMPMHC 8 (25 February 2025)

Court

Middelburg High Court, Mpumalanga

Case number

5481/2022

Judge

Vele

The court ordered enforcement of water and mining directives against Rietspruit Crushers, holding that business rescue did not suspend compliance or administrative enforcement.

• Water Use Licensing
• Mining Directives
• Environmental Compliance
• Business Rescue Protection
• Judicial Review Under Paja
• Enforcement Of Administrative Action

Tubestone (Pty) Ltd v Recycling & Economic Development Initiative of South Africa NPC - Appeal (A251/22)

Tubestone (Pty) Ltd v Recycling & Economic Development Initiative of South Africa NPC - Appeal (A251/22) [2024] ZAWCHC 24; [2024] 2 All SA 292 (WCC); 2024 (3) SA 207 (WCC) (5 February 2024)

Court

Western Cape High Court, Cape Town

Case number

A251/22

Judges

M Sher, C Fortuin, B Mantame

The court held that Tubestone's delay in raising collateral challenges to the waste tyre levies was material and unjustified. Tubestone had actual knowledge of the plan and its requirements, subscribed to it, and paid levies for four years without protest. It only raised illegality when enforcement was sought, providing no explanation for its delay. The interests of finality and certainty in administrative decisions, as well as the absence of a cogent explanation for the delay, weighed against entertaining the collateral challenge. Furthermore, the merits of Tubestone's challenge were tenuous…

Source excerpt

• Collateral Challenge
• Delay In Review
• Waste Management Levy
• National Environmental Management Waste Act
• Promotion Of Administrative Justice Act
• Enforcement Of Administrative Action