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South Africa Case Law

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Environmental Law [2025] ZANWHC 66

Phelelo and Others v Kgetlengrivier Local Municipality and Others (6521/24)

Phelelo and Others v Kgetlengrivier Local Municipality and Others (6521/24) [2025] ZANWHC 66 (2 April 2025)

Court
North West High Court, Mafikeng
Case number
6521/24
Judge
Mfenyana

The court found that the applicants failed to establish urgency as required by Rule 6(12)(b). The founding papers did not set out explicit circumstances or reasons why substantial redress could not be obtained in due course. The applicants delayed approaching the court despite being aware of the sewerage spillages for months, and their conduct amounted to self-created urgency. The relief sought was incoherent, conflating interim and final relief, and prejudicial to the respondents. The application was struck off the roll for want of urgency, and costs were awarded against the applicants on a…

Source excerpt

  • Urgent Interdict
  • Municipal Duties
  • Environmental Contamination
  • Rule 6 12 Procedure
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Environmental Law [2023] ZAFSHC 106

Prozel 105 CC v Freegold (Harmony) (Pty) Ltd (2215/2022)

Prozel 105 CC v Freegold (Harmony) (Pty) Ltd (2215/2022) [2023] ZAFSHC 106 (5 April 2023)

Court
Free State High Court, Bloemfontein
Case number
2215/2022
Judge
Daniso

The court found that the defendant's exceptions were without merit. The plaintiff's particulars of claim, read as a whole, disclosed a proper cause of action both in the main and in the alternative claims. The MPRDA does not preclude the plaintiff from relying on NEMA or pursuing damages for environmental contamination. The claims based on constitutional rights, statutory duty, common law, and nuisance were pleaded with sufficient particularity to enable the defendant to plead. The quantification of damages and the causal link between the defendant's conduct and the alleged harm were adequate…

Source excerpt

  • Mining Rights
  • Environmental Contamination
  • Nuisance
  • Statutory Duty
  • Constitutional Damages
  • Quantification Of Damages
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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.