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South Africa Case Law

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Delict [2020] ZAWCHC 14

Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019)

Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14; [2020] 2 All SA 89 (WCC); 2020 (4) SA 234 (WCC) (27 February 2020)

Court
Western Cape High Court, Cape Town
Case number
A139/2019
Judges
Allie, Rogers, Cloete

The court found that the mushroom composting activities conducted by the appellants on MD93 produced offensive odours, including ammonia and hydrogen sulphide, which regularly and unpredictably invaded neighbouring properties, making living conditions intolerable and impairing the reasonable enjoyment of those properties. The evidence established that the nuisance was ongoing and not merely isolated, and that previous remedial steps had failed to abate the problem. The court held that, in light of constitutional and statutory provisions protecting the right to an environment not harmful to he…

Source excerpt

  • Nuisance
  • Offensive Odours
  • Interdict
  • Reasonableness
  • Constitutional Right To Environment
  • Pollution Prevention
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Environmental Law [2013] ZASCA 206

Harmony Gold Mining Company Ltd v Regional Director:Free State Department of Water Affairs and Others (971/12)

Harmony Gold Mining Company Ltd v Regional Director:Free State Department of Water Affairs and Others (971/12) [2013] ZASCA 206; [2014] 1 All SA 553 (SCA); 2014 (3) SA 149 (SCA) (4 December 2013)

Court
Supreme Court of Appeal
Case number
971/12
Judges
Navsa, Brand, Shongwe, Zondi, Meyer

The Supreme Court of Appeal held that the Minister's powers under section 19(3) of the National Water Act are not limited to the period during which the recipient is a landholder. The directive remains valid and enforceable even after the recipient ceases to own, control, occupy, or use the land. The court found no basis in the wording of section 19(3) or in the broader statutory context to support Harmony's restrictive interpretation. The directive's interim nature and reference to future agreement provided sufficient limitation, and the absence of a specific completion date did not render i…

Source excerpt

  • National Water Act
  • Pollution Prevention
  • Ministerial Directive
  • Statutory Interpretation
  • Costs Liability
  • Constitutional Right To Environment
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Administrative Law [2006] SCA 65 (RSA)

Harmony Gold Mining Company Limted v Regional Director Free State Department of Water Affairs and Forestry and Another (269/05)

Harmony Gold Mining Company Limted v Regional Director Free State Department of Water Affairs and Forestry and Another (269/05) [2006] ZASCA 66; [2006] SCA 65 (RSA) (29 May 2006)

Court
Supreme Court of Appeal
Case number
269/05
Judges
Howie, Mthiyane, Conradie, Maya, Cachalia

The Supreme Court of Appeal held that section 19(1) of the National Water Act does not impose a territorial limitation on the reasonable anti-pollution measures required of owners, controllers, occupiers, or users of land. The statutory language is sufficiently broad to include measures on another's land where necessary to prevent pollution. The directive requiring Harmony Gold Mining Company Limited to contribute to dewatering and anti-pollution measures at other mines was a reasonable measure within the meaning of section 19(1) and (3), given the interconnected nature of the mines and the r…

Source excerpt

  • National Water Act
  • Pollution Prevention
  • Administrative Directives
  • Review Of Administrative Action
  • Reasonable Measures
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.