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South Africa Case Law

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Administrative Law [2024] ZAWCHC 105

Noordhoek Enviroment Action Group v City of Cape Town and Others (4819/21)

Noordhoek Enviroment Action Group v City of Cape Town and Others (4819/21) [2024] ZAWCHC 105 (23 April 2024)

The High Court dismissed a review of environmental authorisation for a road extension near a wetland, finding the WLT impacts, mitigation, and public participation were adequately addressed.

  • Environmental Authorisation
  • Public Participation
  • Specialist Studies
  • Cumulative Impacts
  • Objectivity Of Eap
  • Mitigation Measures
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Environmental Law [2021] ZAECGHC 111

Border Deep Sea Angling Association and Others v Minister of Mineral Resources and Energy and Others (3865/2021)

Border Deep Sea Angling Association and Others v Minister of Mineral Resources and Energy and Others (3865/2021) [2021] ZAECGHC 111 (3 December 2021)

The court found that the applicants established only a prima facie right to review the second renewal of the Exploration Right, based on concerns about the adequacy of public participation and the independence of the environmental audit. However, the applicants failed to demonstrate a well-grounded apprehension of irreparable harm, as their evidence of environmental risk was speculative and not supported by objective facts. The EMPr imposed comprehensive mitigation measures, and Shell was obliged to comply with them. The balance of convenience favoured Shell, given the significant financial c…

  • Environmental Authorisation
  • Procedural Fairness
  • Public Participation
  • Interim Interdict
  • Exploration Rights
  • Mitigation Measures
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Environmental Law [2012] ZAECPEHC 61

Sharwood NO and Others v Transnet Ltd t/a National Ports Authority of South frica and Others (1038/2011)

Sharwood NO and Others v Transnet Ltd t/a National Ports Authority of South frica and Others (1038/2011) [2012] ZAECPEHC 61 (6 September 2012)

The High Court held that the revised environmental authorisation did not require the respondents to fund or build the rehabilitation centre; the application was dismissed.

  • Environment Conservation Act
  • Environmental Authorisation
  • Record Of Decision
  • Public Participation
  • Judicial Review
  • Mitigation Measures
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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.