South Africa Case Law

Madiro v Madibeng Local Municipality and Others (1760/2022)

Madiro v Madibeng Local Municipality and Others (1760/2022) [2023] ZAGPPHC 1838; [2024] 1 All SA 225 (GP) (19 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

1760/2022

Judge

Vermeulen AJ

The court found that both Madibeng and Bojanala Municipalities, as well as their respective managers, failed to comply with previous interdict and contempt orders regarding the ongoing sewage spillage on the applicant's property. The applications to rescind or set aside the orders were dismissed: the Madibeng Respondents had notice and elected not to participate, failing to meet the requirements of Rule 42(1)(a) or common law rescission. The Bojanala Respondents' collateral challenge was rejected due to unreasonable delay and insufficient evidence that the interdict was a nullity; the Distric…

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• Municipal Powers And Functions
• Contempt Of Court
• Structured Interdict
• Environmental Protection
• Constitutional Duties Of Organs Of State
• Local Government Service Delivery

Gedult 240 Onderdeeling 5 Vaaldam Settlement CC and Others v MSW Estates CC and Others (4376/2020)

Gedult 240 Onderdeeling 5 Vaaldam Settlement CC and Others v MSW Estates CC and Others (4376/2020) [2020] ZAFSHC 265 (29 December 2020)

Court

Free State High Court, Bloemfontein

Case number

4376/2020

Judge

C Reinders

The court dismissed an urgent bid for an interim interdict to stop transfer and repurposing of nature reserve land, finding no prima facie right.

• Interim Interdict
• Prima Facie Right
• Balance Of Convenience
• Environmental Protection
• Nuisance
• Neighbour Law

Oppenheimer Park Golf Club v Matjhabeng Local Municipality and Another (137/2019)

Oppenheimer Park Golf Club v Matjhabeng Local Municipality and Another (137/2019) [2020] ZAFSHC 78; [2020] 2 All SA 574 (FB) (26 February 2020)

Court

Free State High Court, Bloemfontein

Case number

137/2019

Judge

C Van Zyl

The court found that the Municipality failed to comply with its constitutional and statutory obligations to maintain and secure the Klippan Pump Station and the Witpan Waste Water Treatment Plant, resulting in ongoing environmental harm and risk to the applicant's property. The Municipality's explanations regarding vandalism and illegal mining were insufficient and contradictory, and no effective remedial measures had been implemented. The Municipality's failure to provide logical solutions or workable suggestions to address the situation, coupled with the absence of security and operational…

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• Municipal Service Delivery
• Structural Interdict
• Constitutional Duties
• Environmental Protection
• Wastewater Management

Eskom Holdings SOC Ltd v Mkhwanazi and Others (LCC224/2017)

Eskom Holdings SOC Ltd v Mkhwanazi and Others (LCC224/2017) [2018] ZALCC 8 (2 May 2018)

Court

Land Claims Court

Case number

LCC 224/2017

Judge

Molefe

The court found that although the relocation order did not specify the maximum number of animal units, the permissible carrying capacity of Maggies Deel is 85–89 animal units, as established by an agricultural expert report that formed part of the negotiations leading to the relocation. The respondents undertook to comply with this capacity. Evidence from the applicant's environmental officers confirmed that the respondents have exceeded this limit and allowed livestock to roam onto protected wetlands and neighbouring properties, causing environmental harm. The respondents' arguments regardin…

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• Extension Of Security Of Tenure Act
• Overgrazing
• Interdict
• Environmental Protection
• Eviction Procedure

Gongqose and Others v S; Gongqose and Others v Minister of Agriculture, Forestry and Fisheries and Others (CA&R26/13)

Gongqose and Others v S; Gongqose and Others v Minister of Agriculture, Forestry and Fisheries and Others (CA&R26/13) [2016] ZAECMHC 1; [2016] 2 All SA 130 (ECM); 2016 (1) SACR 556 (ECM) (18 February 2016)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R26/13

Judges

S M Mbenenge, R Griffiths

The court held that the appellants' customary law rights to access marine resources did not negate unlawfulness under section 43 of the MLRA, as the Act is a law of general application aimed at conservation and sustainable use for all citizens. The MLRA provides for exemption applications, which the appellants did not pursue prior to fishing. The rights under sections 30 and 31 of the Constitution must be exercised consistently with section 24, which protects the environment. The court found that section 43 of the MLRA was not unconstitutional, as it did not expressly extinguish customary law…

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• Customary Law Rights
• Marine Living Resources Act
• Review Of Administrative Action
• Bill Of Rights Limitation
• Environmental Protection
• Unlawfulness In Criminal Offences

Trustees of the time being of the Biowatch Trust v Registrar Genetic Resources and Others (Open Democracy Advice Centre as Amicus Curiae) (A831/2005)

Trustees of the time being of the Biowatch Trust v Registrar Genetic Resources and Others (Open Democracy Advice Centre as Amicus Curiae) (A831/2005) [2008] ZAGPHC 135 (13 May 2008)

Court

High Courts - Gauteng

Case number

A831/2005

Judges

Poswa, Mynhardt, Molopa

Appeal against a costs order in litigation by Biowatch for GMO-related information. The court held the public interest nature of the case justified setting aside costs against Biowatch.

• Costs In Public Interest Litigation
• Bill Of Rights Limitation
• Access To Information
• Environmental Protection
• Locus Standi
• Promotion Of Access To Information Act

Oudekraal Estates (PTY) limited v City of Cape Town and Others (7699/01)

Oudekraal Estates (PTY) limited v City of Cape Town and Others (7699/01) [2002] ZAWCHC 36; [2002] 3 All SA 450 (C); 2002 (6) SA 573 (C) (20 June 2002)

Court

Western Cape High Court, Cape Town

Case number

7699/01

Judges

Davis, Veldhuizen

The High Court held that Oudekraal’s township approval had lapsed, later extensions were invalid, and registered township rights could not cure the defect.

• Ultra Vires Administrative Action
• Township Development Rights
• Collateral Challenge
• Delay Rule
• Negative Registration System
• Environmental Protection