South Africa Case Law

Minister of Forestry, Fisheries and the Environment and Others v Badenhorst N.O. and Others (1004/2023)

Minister of Forestry, Fisheries and the Environment and Others v Badenhorst N.O. and Others (1004/2023) [2025] ZASCA 68 (28 May 2025)

Court

Supreme Court of Appeal

Case number

1004/2023

Judges

Mocumie, Mbatha, Kathree-Setiloane, Gorven, Makume

The Supreme Court of Appeal held that the High Court lacked jurisdiction to review and set aside the environmental authorisations on grounds not raised in the internal appeal, as the respondents failed to exhaust internal remedies and did not apply for exemption under section 7(2)(c) of PAJA. The Court found that any procedural non-compliance in the granting of environmental authorisations was not material and did not prejudice any person, thus the authorisations remained valid under section 47A(1) of NEMA. The requirement for EMPrs is that they be submitted before deciding on authorisation,…

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• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• Environmental Authorisation
• Environmental Impact Assessment
• Substantial Compliance
• Materiality And Prejudice

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024)

L'Ormarins (Pty) Ltd and Another v Minister of Mineral and Petroleum Resources and Others (5414/2024) [2025] ZAECMKHC 1 (14 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

5414/2024

Judge

Laing

Urgent interdict granted to stop mining pending internal appeal over a disputed mining right and alleged zoning and environmental irregularities.

• Mining Rights
• Public Participation
• Environmental Impact Assessment
• Land Use Zoning
• Interdictory Relief
• Internal Appeal Process

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others (934/2023)

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others (934/2023) [2024] ZASCA 143; 2025 (2) SA 31 (SCA) (22 October 2024)

Court

Supreme Court of Appeal

Case number

934/2023

Judges

Molemela, Ponnan, Nicholls, Koen, Coppin

The Supreme Court of Appeal set aside approval for the general release of MON87460 maize, finding no evidence that the mandatory NEMA assessment inquiry under the GMO Act was made.

• Genetically Modified Organisms Act
• Precautionary Principle
• Environmental Impact Assessment
• Permit Approval
• Judicial Review
• Genetically-modified-organisms

Lord's View Property Owners Association NPC v Member of Executive Council For Economic Development, Agriculture, Environment and Rural Development, Gauteng Province and Others (2021/56800)

Lord's View Property Owners Association NPC v Member of Executive Council For Economic Development, Agriculture, Environment and Rural Development, Gauteng Province and Others (2021/56800) [2024] ZAGPJHC 718 (8 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/56800

Judge

Adams

The court found that the extension and expansion decisions regarding the Chloorkop Landfill Site were lawful, rational, and in compliance with the relevant statutory and constitutional requirements. The applicant failed to establish any grounds for review under the Promotion of Administrative Justice Act or the doctrine of legality. Condition 3.2.6 of the 1997 permit was not a mandatory closure provision and could be varied by the administrative decision-makers. The extension decision had become moot as waste deposition under the 1997 permit had ceased. The expansion decision was properly con…

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• National Environmental Management Waste Act
• Promotion Of Administrative Justice Act
• Doctrine Of Legality
• Waste Management Licensing
• Judicial Review
• Environmental Impact Assessment

Mfolozi Community Environmental Justice Organisation and Others v Tendele Coal Mining (Pty) Ltd and Others (3518/2023P)

Mfolozi Community Environmental Justice Organisation and Others v Tendele Coal Mining (Pty) Ltd and Others (3518/2023P) [2023] ZAKZPHC 72; [2023] 3 All SA 768 (KZP) (13 July 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3518/2023P

Judge

Koen

The court dismissed an interim interdict sought to stop Tendele’s mining activities, holding that the applicants lacked a prima facie right and had an alternative remedy under the MPRDA.

• Mineral And Petroleum Resources Development Act
• Interim Interdict
• Environmental Impact Assessment
• Public Participation
• Informal Land Rights
• Internal Remedies

Ringhaven Community Residents Association v Nunkissor and Others (D1142/2022)

Ringhaven Community Residents Association v Nunkissor and Others (D1142/2022) [2023] ZAKZDHC 18 (19 April 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D1142/2022

Judge

Nicholson AJ

The High Court dismissed an interim interdict seeking to halt development on land sold by a municipality, finding the review was launched too late and condonation was unjustified.

• Promotion Of Administrative Justice Act
• Public Participation
• Environmental Impact Assessment
• Condonation For Delay
• Interim Interdict
• Locus Standi

Lord's view Property Owners Association NPC v Member of the Executive Council for the Economic Development, Agriculture, Environment and Rural Development Gauteng Province and Others (43464/2020)

Lord's view Property Owners Association NPC v Member of the Executive Council for the Economic Development, Agriculture, Environment and Rural Development Gauteng Province and Others (43464/2020) [2022] ZAGPJHC 956 (29 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

43464/2020

Judge

N Manoim

The court held that the construction and operation of Cell 7 at the Chloorkop Landfill Site were lawfully authorised under the variation provisions of the 1997 licence, which remains valid by virtue of transitional arrangements in the National Environmental Management: Waste Act. The new environmental legislation does not expressly require a new licence or amendment for such developments where the licence variation procedure is followed. The process met the required pollution control standards, and the lack of public participation did not render the approval unlawful, especially as the appeal…

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• Waste Management Licensing
• Public Participation
• Legitimate Expectation
• Environmental Impact Assessment
• Transitional Provisions
• Property Rights

Driemeyer v Department Of Water And Sanitation (05/19/KZN)

Driemeyer v Department Of Water And Sanitation (05/19/KZN) [2022] ZAWT 4 (31 May 2022)

Court

Water Tribunal

Case number

05/19/KZN

Judges

L Mbanjwa, SD Kvalsvig

The Water Tribunal set aside a directive over unlawful dams, holding that the appellant should be allowed to pursue water-use licence applications.

• National Water Act
• Water Use Licensing
• Environmental Impact Assessment
• Rectification Of Unlawful Use
• Procedural Fairness
• Public Interest Balancing

West Coast Environmental Protection Association v Minister: Department of Water and Sanitation and Others (WT01/17/WC)

West Coast Environmental Protection Association v Minister: Department of Water and Sanitation and Others (WT01/17/WC) [2022] ZAWT 5 (24 January 2022)

Court

Water Tribunal

Case number

WT01/17/WC

Judge

L Mbanjwa

The Water Tribunal dismissed an appeal against a water use licence for mining, finding no reviewable procedural unfairness, section 41(5) non-compliance, or inadequate safeguards.

• National Water Act
• Water Use Licence
• Precautionary Principle
• Public Participation
• Adaptive Management
• Environmental Impact Assessment

Haasfontein Beleggings (Pty) Ltd v Minister of Water and Sanitation and Another (WT 245/03/2016)

Haasfontein Beleggings (Pty) Ltd v Minister of Water and Sanitation and Another (WT 245/03/2016) [2021] ZAWT 2 (15 March 2021)

Court

Water Tribunal

Case number

WT 245/03/2016

Judge

T Murombo

The Water Tribunal dismissed an appeal against a section 53 directive, holding the notice was clear and that in-stream walls and a weir contravened the general authorisation.

• National Water Act
• General Authorisation
• Administrative Action
• Rectification Of Contravention
• Environmental Impact Assessment
• National-water-act