Du Toit and Another v Hentiq 1083 (Pty) Ltd and Others (2078/2021) [2022] ZAFSHC 19 (11 February 2022)
Court
Free State High Court, Bloemfontein
Case number
2078/2021
Judge
JP Daffue
The High Court ordered practical compliance with an environmental authorisation by requiring a notice board and measures limiting vehicle entry from Voortrekker Street.
Elderberry Investments (Pty) Ltd and Another v Department of Economic Development and Environmental Affairs and Others (2919/21) [2021] ZAECPEHC 64 (2 December 2021)
Court
Eastern Cape High Court, Port Elizabeth
Case number
2919/21
Judge
S Mfenyana
The court held that the Environmental Authorisation had not lapsed. It found that the definition of 'commence' in both the Authorisation and NEMA is inclusive and encompasses any physical activity in furtherance of the listed activity, including site preparation. The Applicants undertook site preparation activities within the prescribed period, which constituted commencement. The court rejected the Respondents' narrow interpretation that only the installation of underground tanks would qualify. The court emphasised the need to interpret the Authorisation sensibly and in context, considering t…