Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022)
Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022) [2024] ZAGPPHC 561 (19 June 2024)
The court found that while the applicant established a clear right to an unpolluted environment and demonstrated ongoing pollution and degradation of downstream water resources by Eskom, it failed to satisfy the requirement of absence of alternative remedy. Section 28(12) of NEMA provides a statutory mechanism for compelling the Director-General to take remedial action against polluters, which the applicant did not invoke. The court held that the principle of subsidiarity precludes direct constitutional relief where legislation exists to give effect to the right, and the applicant should have…
Source excerpt
- Water Use Licence Compliance
- Structural Interdict
- Subsidiarity Principle
- Duty Of Care
- Constitutional Environmental Rights
- Enforcement Of Environmental Laws