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South Africa Case Law

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Environmental Law [2018] ZASCA 144

Umfolozi Sugar Planters Limited and Others v Isimangaliso Wetland Park Authority and Others (873/2017)

Umfolozi Sugar Planters Limited and Others v Isimangaliso Wetland Park Authority and Others (873/2017) [2018] ZASCA 144 (1 October 2018)

The Supreme Court of Appeal dismissed an environmental-law appeal as moot after publication of the new management plan for the St Lucia estuary.

  • Estuarine Management
  • Declaratory Relief
  • Mootness
  • Interim Interdict
  • Protected Areas Management
  • Declaratory-relief
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Administrative Law [2016] ZASCA 68

Abbott v Overstrand Municipality and Others (99/2015)

Abbott v Overstrand Municipality and Others (99/2015) [2016] ZASCA 68 (20 May 2016)

The appeal was dismissed because the appellant failed to establish that the municipality was under any legal obligation or possessed the necessary authority to take steps to prevent flood damage to his property. The relevant powers to manage the estuary and breach the berm were not assigned to the municipality by national or provincial legislation, and the municipality could not lawfully assume powers it did not have. The factual basis for the appellant's claims was also not established, as the evidence did not support the existence of an established practice of breaching the berm at the lowe…

  • Promotion Of Administrative Justice Act
  • Municipal Powers And Duties
  • Legitimate Expectation
  • Estuarine Management
  • Review Of Administrative Action
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