South Africa Case Law

Jacobus Nicolaas van Coller t/a JN van Coller Boerdery v The Member of the Executive Council for Economic, Small Business Development, Tourism and Environmental Affairs, Free State and Another (5750/2024)

Jacobus Nicolaas van Coller t/a JN van Coller Boerdery v The Member of the Executive Council for Economic, Small Business Development, Tourism and Environmental Affairs, Free State and Another (5750/2024) [2025] ZAFSHC 191 (26 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5750/2024

Judges

Mhlambi, Ntanga

The court found that the respondents failed to afford the applicant an opportunity to make representations regarding the identity of the applicant in the s 24G application, resulting in procedural unfairness. The conflicting information in the application forms created ambiguity as to whether the applicant was an individual or a firm, and the respondents did not resolve this by inviting further representations. The Constitution and PAJA require administrative action to be procedurally fair, and the respondents' failure to do so rendered their decision reviewable. The court declined to substit…

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• National Environmental Management Act
• Administrative Fines
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Judicial Review
• Audi Alteram Partem

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Costs) (CC 82/2017)

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Costs) (CC 82/2017) [2025] ZAGPPHC 263 (20 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC 82/2017

Judge

Spilg

The court held that section 34B of NEMA is confined to informants and does not entitle private prosecutors to a share of fines; their entitlement to costs is governed by section 33(3) of NEMA and section 15 of the Criminal Procedure Act. Advance provision for costs of appeal is not permitted under section 33(3), as costs are only claimable upon completion of trial or appeal. The prosecution is entitled to attorney and client costs for a successful private prosecution, given the constitutional importance of environmental protection and the need to ensure that those who prosecute in the public…

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• Private Prosecution Costs
• National Environmental Management Act
• Attorney And Client Costs
• Retrospectivity Of Costs Rules
• Environmental Authorisation
• Uniform Rule 67a

New Invest 197 (Pty) Limited and Another v Moss (2206/2023)

New Invest 197 (Pty) Limited and Another v Moss (2206/2023) [2024] ZAECELLC 48 (1 October 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

2206/2023

Judge

M Makaula

The court ordered a neighbour to restore access, repair road damage, rehabilitate unlawful earthworks, and pay costs after finding interference with property and environment.

• Unlawful Earthworks
• Environmental Rehabilitation
• Access To Property
• Boundary Dispute
• Interdict
• National Environmental Management Act

City of Ekurhuleni Metropolitan Municipality v New Star Technology CC and Another (18162/2021)

City of Ekurhuleni Metropolitan Municipality v New Star Technology CC and Another (18162/2021) [2022] ZAGPJHC 769; 2023 (3) SA 579 (GJ) (23 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

18162/2021

Judge

S C Mia

The High Court granted a final interdict against a plastic recycling business operating without required environmental licences and ordered punitive costs.

• National Environmental Management Act
• Waste Management Licensing
• Atmospheric Emission Licensing
• Municipal Powers
• Public Interest Interdict
• Norms And Standards Compliance

Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021)

Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021) [2022] ZAFSHC 178 (27 July 2022)

Court

Free State High Court, Bloemfontein

Case number

5821/2021

Judge

ZIETSMAN P

High Court granted a partial interdict stopping land use beyond agriculture and truck parking, but declined relief on petroleum, environmental, and building-plan complaints.

• Zoning And Land Use
• Municipal Planning By Law
• Spatial Planning And Land Use Management Act
• National Environmental Management Act
• Petroleum Products Act
• Building Regulations

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) [2022] ZAECMKHC 38 (7 June 2022)

Court

Eastern Cape High Court, Makhanda

Case number

3865/2021

Judge

Govindjee

The court held that it was functus officio regarding the costs order, as no proper application for reconsideration was made within a reasonable time. The applicants failed to establish exceptional circumstances or a reasonable prospect of success for leave to appeal against the costs order. The Biowatch principle did not apply because the urgent application was not constitutional in nature, and section 32(2) of NEMA did not protect the applicants as their conduct was unreasonable and speculative. The ordinary rule on costs was correctly applied, and there was no compelling reason to grant lea…

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• Costs Award
• Leave To Appeal
• Biowatch Principle
• National Environmental Management Act
• Interim Interdict
• Functus Officio

Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (802/2020, 813/2020)

Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (802/2020, 813/2020) [2022] ZASCA 58 (22 April 2022)

Court

Supreme Court of Appeal

Case number

802/2020, 813/2020

Judges

Saldulker, Mocumie, Mbatha, Tsoka, Weiner

The Supreme Court of Appeal found that Unica Iron & Steel (Pty) Ltd failed to prove that the profit share agreement contained any express, tacit, or implied term requiring compliance with NEMA. The evidence showed that non-compliance with environmental legislation was a deliberate decision made by all directors, not solely by Mr Mirchandani. The claim for damages based on breach of fiduciary duty and reliance on s 218 of the Companies Act was not properly pleaded, prejudicing Mr Mirchandani and violating procedural fairness. The lease agreements were found to be valid and binding, with the ac…

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• Breach Of Fiduciary Duty
• Profit Share Agreement
• Lease Agreement
• Damages
• National Environmental Management Act
• Companies Act Liability

Du Toit and Another v Hentiq 1083 (Pty) Ltd and Others (2078/2021)

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.

• Environmental Authorisation
• National Environmental Management Act
• Interdict
• Interpretation Of Statutory Documents
• Municipal Infrastructure Impact
• Environmental-authorisation

Pietermaritzburg Pistol Club v Member of the Executive Council: Department of Economic Development, Tourism and Environmental Affairs for the Province of KwaZulu-Natal and Another (AR 165/19)

Pietermaritzburg Pistol Club v Member of the Executive Council: Department of Economic Development, Tourism and Environmental Affairs for the Province of KwaZulu-Natal and Another (AR 165/19) [2021] ZAKZPHC 14 (1 March 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 165/19

Judges

Koen, Mnguni, Seegobin

The appeal was rendered moot by the MEC's second appeal decision, which deleted the buffer zone requirement from the environmental authorisation. Even if the appeal were not moot, the Club failed to establish locus standi, as it did not prove lawful rights adversely affected by the decisions. The buffer zone issue is a matter for municipal planning, not environmental authorisation. The Club's interests as a lessee and operator of a shooting range do not confer standing to challenge the environmental authorisation, especially where it failed to provide evidence of lawful authority to conduct i…

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• Environmental Authorisation
• Municipal Planning
• Locus Standi
• Buffer Zone Requirements
• Review Of Administrative Action
• National Environmental Management Act

Albertse and Others v Members of the Executive Council: Economic, Small Business Development, Tourism and Environmental Affairs, Free State Province and Others (2452/2019)

Albertse and Others v Members of the Executive Council: Economic, Small Business Development, Tourism and Environmental Affairs, Free State Province and Others (2452/2019) [2021] ZAFSHC 2 (21 January 2021)

Court

Free State High Court, Bloemfontein

Case number

2452/2019

Judges

MBHELE, JORDAAN

High Court review of an environmental authorisation for Portion 5 of Avenham was dismissed after finding the appeal process defective and the applicants’ claims unproven.

• Environmental Authorisation Review
• National Environmental Management Act
• Appeal Regulations Compliance
• Promotion Of Administrative Justice Act
• Acquisitive Prescription
• Procedural Irregularity