South Africa Case Law

West Coast Rock Lobster Association and Others v Minister of Environmental Affairs and Tourism and Others (532/09)

West Coast Rock Lobster Association and Others v Minister of Environmental Affairs and Tourism and Others (532/09) [2010] ZASCA 114; ; [2011] 1 All SA 487 (SCA) (22 September 2010)

Court

Supreme Court of Appeal

Case number

532/09

Judges

Navsa, Lewis, Ponnan, Mhlantla, K Pillay

Appeal dismissed: the interim rock lobster measures had expired, and the declaratory relief sought was too broad and would bind absent parties.

• Marine Living Resources Act
• Ministerial Exemption Powers
• Declaratory Orders
• Standing
• Interim Measures
• Administrative-law

West Coast Rock Lobster Association and Others v Minister of Environmental Affairs and Tourism and Others (3920/2008)

West Coast Rock Lobster Association and Others v Minister of Environmental Affairs and Tourism and Others (3920/2008) [2008] ZAWCHC 123 (7 October 2008)

Court

Western Cape High Court, Cape Town

Case number

3920/2008

Judge

Davis

The court held that section 81 of the MLRA confers broad discretionary powers on the Minister to exempt any person or group from any provision of the Act, including section 18(1), provided sound reasons exist and appropriate conditions are imposed. The Minister's exemption of artisanal fishers from the requirement to hold commercial fishing rights was intra vires, as the exemption was logically ancillary to the substantive exemption and did not contravene the Act's structure. The Minister considered relevant scientific evidence, balanced competing interests, and acted in response to an Equali…

Source excerpt

• Ministerial Exemption Powers
• Marine Living Resources Act
• Judicial Review
• Allocation Of Fishing Rights
• Standing
• Delegation Of Powers

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05)

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05) [2006] ZASCA 176; [2007] 1 All SA 154 (SCA) (29 September 2006)

Court

Supreme Court of Appeal

Case number

588/05

Judges

Cameron, Nugent, Ponnan, Maya, Theron

The SCA held that the Minister could grant indefinite exemptions under the Act, but could not later cut them down by regulation 10(3).

• Ministerial Exemption Powers
• Retrospective Regulation
• Private Security Industry Regulation Act
• Administrative Action
• Regulatory Powers
• Administrative-law