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South Africa Case Law

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Environmental Law [2024] ZAGPPHC 1387

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Sentence) (CC 82/2017)

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Sentence) (CC 82/2017) [2024] ZAGPPHC 1387 (6 September 2024)

Court
North Gauteng High Court, Pretoria
Case number
CC 82/2017
Judge
Spilg

The court found that BP Southern Africa (Pty) Ltd was guilty of contravening section 22(1) read with section 29(4) of the Environmental Conservation Act by constructing filling stations without the required environmental authorisation. The offences triggered liability under section 34(3) of NEMA for counts 12 to 21, as environmental degradation was established at Rabie Ridge and inadequate authorisation and disclosure were proven for other sites. The court exercised its discretion to impose a fine equal to the financial advantage gained by BP during the period of unauthorised operation, calcu…

Source excerpt

  • Environmental Authorisation
  • Failure To Obtain Authorisation
  • Disgorgement Of Profits
  • Assessment Of Advantage Gained
  • Environmental Degradation
  • Sentencing Principles
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Administrative Law [2021] ZAWT 5

Butt v The Director-General Department of Water And Sanitation and Others (WT06/17/GP)

Butt v The Director-General Department of Water And Sanitation and Others (WT06/17/GP) [2021] ZAWT 5 (2 August 2021)

Court
Water Tribunal
Case number
WT06/17/GP
Judges
M.R. Mokgalabone, U.N. Mbeki

The Water Tribunal found that it has jurisdiction to adjudicate the appeal as the cause of action arises under section 148(1)(f) of the National Water Act. However, the appellant does not have locus standi because neither he nor his predecessor in title lodged a written objection under section 41 of the NWA. The Tribunal held that its jurisdiction is strictly derived from statute and cannot be expanded by constitutional arguments or public interest submissions. The Escarpment and Werda cases confirm that only objectors who participated in the application process are entitled to appeal. The ap…

Source excerpt

  • National Water Act
  • Water Use Rights
  • Locus Standi
  • Jurisdiction Of Tribunals
  • Public Participation
  • Environmental Degradation
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Land And Property [2018] ZALCC 39

Mthethwa and Others v Bester and Others (LCC112/2011)

Mthethwa and Others v Bester and Others (LCC112/2011) [2018] ZALCC 39 (20 April 2018)

Court
Land Claims Court
Case number
LCC112/2011
Judge
MP Canca

The applicants failed to establish a clear right to unrestricted grazing or to keep livestock beyond the agreed limits. The evidence, including expert and official reports, confirmed that the grazing area was overstocked and environmentally degraded due to overgrazing by the applicants' livestock. The first respondent was entitled to restrict grazing to prevent further contravention of CARA and environmental harm. The applicants did not challenge the expert recommendations for removal of all livestock, and the court accepted these recommendations as necessary for rehabilitation. The main appl…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Conservation Of Agricultural Resources Act
  • Grazing Rights
  • Environmental Degradation
  • Interdict
  • Removal Of Livestock
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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.