South Africa Case Law

Kruger and Another v Minister of Water And Environmental Affairs and Others (57221/12)

Kruger and Another v Minister of Water And Environmental Affairs and Others (57221/12) [2015] ZAGPPHC 1018; [2016] 1 All SA 565 (GP) (28 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

57221/12

Judges

M F Legodi, VV Tlhapi, M A Dewrance

The court found that the Minister failed to comply with the mandatory consultative and public participation requirements under sections 99 and 100 of NEMBA before imposing the moratorium on domestic rhino horn trade. Specifically, there was no publication of the proposed moratorium in a national newspaper and the Gazette notice lacked sufficient information to enable meaningful public participation. These procedural defects rendered the moratorium invalid, regardless of its rationality or reasonableness. The court held that substantial compliance with statutory consultation and participation…

Source excerpt

• Consultation Requirements
• Public Participation
• Promotion Of Administrative Justice Act
• Moratorium On Trade
• Threatened Or Protected Species
• Constitutional Right To Property