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Constitutional Law [2016] ZACC 4

Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others (CCT102/15)

Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others (CCT102/15) [2016] ZACC 4; 2016 (5) BCLR 673 (CC) (23 February 2016)

Court
Constitutional Court
Case number
CCT 102/15
Judges
Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Nkabinde J, Nugent AJ, Van der Westhuizen J, Zondo J

The Constitutional Court held that section 32 of the National Environmental Management Laws Amendment Act prescribed that the Act would come into effect three months from the date of publication by the President. The President's role was limited to publication, which served as a reference point for commencement. There was no legal requirement for the President to ensure that regulations were in place before publication. Parliament intentionally provided a three-month period to allow the Minister to promulgate necessary regulations. The failure to have regulations in place at commencement was…

Source excerpt

  • Rationality Review
  • Publication Of Legislation
  • Environmental Regulation
  • Ministerial Duties
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Administrative Law [2013] ZAKZPHC 6

Le Sueur and Another v Ethekwini Municipality and Others (9714/11)

Le Sueur and Another v Ethekwini Municipality and Others (9714/11) [2013] ZAKZPHC 6 (30 January 2013)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
9714/11
Judge
Gyanda

The court found that the Ethekwini Municipality had validly adopted the D-MOSS amendments, as a resolution to proceed was taken before the repeal of the Town Planning Ordinance and the process was not abandoned, thus saved by transitional provisions of the Planning and Development Act. The court held that municipalities possess constitutional and statutory authority to legislate on environmental matters as part of municipal planning, supported by national and provincial legislation and policy. The argument that environmental regulation is reserved exclusively for national and provincial gover…

Source excerpt

  • Municipal Planning
  • Environmental Regulation
  • Ultra Vires
  • Constitutional Mandate
  • Transitional Provisions
  • Town Planning Schemes
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Administrative Law [2009] ZAWCHC 191

Wideopen Platform v City of Cape Town (25622/09)

Wideopen Platform v City of Cape Town (25622/09) [2009] ZAWCHC 191 (18 December 2009)

Court
Western Cape High Court, Cape Town
Case number
25622/09
Judge
Davis

The court found that the advertising structures erected by the applicant on municipal land were subject to the City of Cape Town: Outdoor Advertising and Signage By-law. The structures qualified as 'advertising structures' and not exempt 'street furniture.' The respondent followed the procedural requirements under sections 75 and 76 of the By-law, serving notices and allowing time for removal before acting. The land in question belonged to the municipality, and the respondent was entitled to remove the structures without a court order. The applicant failed to establish peaceful and undisturbe…

Source excerpt

  • Spoliation Order
  • Municipal By Laws
  • Estoppel
  • Outdoor Advertising
  • Environmental Regulation
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Land And Property [2008] ZAWCHC 333

Low NO and Others v South African National Parks and Another (16144/2007)

Low NO and Others v South African National Parks and Another (16144/2007) [2008] ZAWCHC 333 (12 December 2008)

Court
Western Cape High Court, Cape Town
Case number
16144/2007
Judge
Bozalek

The court found that the applicants' use of water from the servitude springs constituted an existing lawful water use under the National Water Act, as the servitude infrastructure was in operation during the qualifying period. The servitude's terms did not impose any explicit or implicit limitation on the volume of water, other than the capacity of the infrastructure itself. The applicants were entitled to repair and restore the infrastructure, including replacing pipes of equivalent diameter, and to access the servient tenement for maintenance. The court rejected the respondent's argument th…

Source excerpt

  • Water Servitude
  • Existing Lawful Water Use
  • National Water Act
  • Servitude Enforcement
  • Environmental Regulation
  • Declaratory Relief
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Land And Property [2007] ZAFSHC 74

De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd and Others (3215/06)

De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd and Others (3215/06) [2007] ZAFSHC 74 (13 December 2007)

Court
Free State High Court, Bloemfontein
Case number
3215/06
Judges
A.P. Beckley, A. Kruger

The court held that the applicant is the owner of the tailings dumps on Subdivision 16, as the dumps are movable property severed from the land and retained for future re-treatment. The MPRDA does not apply to minerals already mined and stockpiled prior to its commencement, as the Act does not expressly regulate such tailings dumps nor expropriate ownership thereof. The decision to grant a prospecting right to the first respondent was set aside due to non-compliance with statutory requirements, including failure to notify and consult affected parties as required by the MPRDA and PAJA. The cou…

Source excerpt

  • Ownership Of Tailings Dumps
  • Mineral Rights
  • Promotion Of Administrative Justice Act
  • Movable Vs Immovable Property
  • Statutory Interpretation
  • Environmental Regulation
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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.