South Africa Case Law

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023)

Endangered Wildlife Trust and Another v Director-General (Acting) Department of Water and Sanitation and Another (1165/2023) [2025] ZASCA 69 (29 May 2025)

Court

Supreme Court of Appeal

Case number

1165/2023

Judges

Schippers, Hughes, Weiner, Smith, Vally

The Supreme Court of Appeal held that the appeal under section 149(1) of the National Water Act is strictly limited to questions of law. The grounds advanced by the appellants were found to be factual disputes disguised as legal issues, with only the interpretation of section 24 of the Act qualifying as a legal question. The Tribunal and High Court were found to have properly considered all relevant statutory factors, including the strategic importance of the mining area, socio-economic impacts, and environmental risks. The water use licence contained sufficient conditions to address post-clo…

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• National Water Act
• Water Use Licensing
• Precautionary Principle
• Public Participation
• Judicial Bias
• Costs In Constitutional Litigation

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others (934/2023)

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others (934/2023) [2024] ZASCA 143; 2025 (2) SA 31 (SCA) (22 October 2024)

Court

Supreme Court of Appeal

Case number

934/2023

Judges

Molemela, Ponnan, Nicholls, Koen, Coppin

The Supreme Court of Appeal set aside approval for the general release of MON87460 maize, finding no evidence that the mandatory NEMA assessment inquiry under the GMO Act was made.

• Genetically Modified Organisms Act
• Precautionary Principle
• Environmental Impact Assessment
• Permit Approval
• Judicial Review
• Genetically-modified-organisms

Mining and Environmental Justice Community of South Africa and Others v MEC for Agriculture, Rural Development, Land and Environmental Affairs and Others (1322/2021)

Mining and Environmental Justice Community of South Africa and Others v MEC for Agriculture, Rural Development, Land and Environmental Affairs and Others (1322/2021) [2024] ZAMPMBHC 48 (18 July 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1322/2021

Judge

M Moleleki

The High Court reviewed and set aside the MEC’s decision to exclude four properties from the Mabola Protected Environment, allowing mining to proceed.

• Protected Areas Act
• Precautionary Principle
• Cooperative Governance
• Judicial Review
• Wetland Conservation
• Mining Authorisation

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others [2023] ZAGPPHC 520; 27524/2017 (27 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

27524/2017

Judge

R.G Tolmay

The court held that the applicant failed to establish grounds for review under PAJA. The Executive Council complied with section 5(1)(a) of the GMO Act and was not required to call for an independent environmental impact assessment, as the activity was not listed under NEMA and the evidence did not indicate a threat to indigenous species or the environment. The precautionary principle, while relevant to environmental law, is not directly applicable in review proceedings, which focus on lawfulness, reasonableness, and procedural fairness. Public participation requirements were met through news…

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• Promotion Of Administrative Justice Act
• Genetically Modified Organisms Act
• Precautionary Principle
• Procedural Fairness
• Adequacy Of Reasons
• Public Participation

Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another

Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another [2023] ZAGPPHC 310; A155/2019 (10 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

A155/2019

Judges

Baloyi-Mere, Nyathi

The court found that the Water Tribunal had properly considered and balanced all relevant statutory and constitutional factors, including environmental sensitivity, strategic water source status, mitigation measures, and socio-economic impacts. The Tribunal did not err in law regarding the requirement for landowner consent, the application of the precautionary principle, or the provision for post-closure water treatment. The Tribunal's decision was informed by expert evidence, public participation, and compliance with national policy and legislative frameworks. The precautionary principle was…

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• Water Use Licence
• Precautionary Principle
• Protected Areas
• Burden Of Proof
• Sustainable Development
• Mining Authorisation

Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021)

Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2022] ZAECMKHC 55; 2022 (6) SA 589 (ECMk) (1 September 2022)

Court

Eastern Cape High Court, Makhanda

Case number

3491/2021

Judges

Mbenenge, Nhlangulela, Norman

The court found that the consultation process preceding the grant and renewals of the exploration right was procedurally unfair and failed to meet constitutional and statutory requirements. Notices were inaccessible to affected rural communities, and meaningful engagement did not occur. The decision-maker failed to consider relevant factors, including harm to marine and bird life, climate change impacts, and customary and spiritual rights. The State did not comply with the public trust obligations under ICMA. The applicants were not barred by delay, as they only became aware of the decisions…

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• Procedural Fairness
• Consultation With Affected Communities
• Precautionary Principle
• Environmental Authorisation
• Customary Rights
• Public Trust Doctrine

West Coast Environmental Protection Association v Minister: Department of Water and Sanitation and Others (WT01/17/WC)

West Coast Environmental Protection Association v Minister: Department of Water and Sanitation and Others (WT01/17/WC) [2022] ZAWT 5 (24 January 2022)

Court

Water Tribunal

Case number

WT01/17/WC

Judge

L Mbanjwa

The Water Tribunal dismissed an appeal against a water use licence for mining, finding no reviewable procedural unfairness, section 41(5) non-compliance, or inadequate safeguards.

• National Water Act
• Water Use Licence
• Precautionary Principle
• Public Participation
• Adaptive Management
• Environmental Impact Assessment

Sustaining The Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021)

Sustaining The Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA 796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

3491/2021

Judge

G H Bloem

The court found that Shell's consultation process was inadequate and failed to meaningfully engage affected Wild Coast communities, particularly those with customary fishing rights and spiritual ties to the sea. The advertisements were inaccessible to many community members due to language and literacy barriers, and meetings were held in locations excluding local stakeholders. The environmental management programme was outdated and did not reflect current scientific understanding or adequately address risks to marine life and livelihoods. The applicants established a prima facie right to mean…

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• Consultation Requirements
• Customary Fishing Rights
• Environmental Authorisation
• Precautionary Principle
• Interim Interdict
• Section 24 Rights

West Coast Environmental Protection Association v Minister Of Water And Sanitation and Others (WT01/17/WC)

West Coast Environmental Protection Association v Minister Of Water And Sanitation and Others (WT01/17/WC) [2021] ZAWT 8 (5 October 2021)

Court

Water Tribunal

Case number

WT01/17/WC

Judges

Ntika Maake, L. Mbanjwa

The Water Tribunal dismissed an appeal against a water use licence for a phosphate mine, but ordered that all 79 recommended site-specific conditions be added.

• Water Use Licensing
• Precautionary Principle
• Public Trust Doctrine
• Adaptive Management
• Mining Authorisation
• Site Specific Conditions

Mining and Environmental Justice Community Network of South Africa and Others v Uthaka Energy (Pty) Ltd (11761/2021)

Mining and Environmental Justice Community Network of South Africa and Others v Uthaka Energy (Pty) Ltd (11761/2021) [2021] ZAGPPHC 195 (30 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

11761/2021

Judge

N Davis

The court granted an urgent interim interdict preventing Uthaka Energy from mining in the Mabola area, except limited pegging, pending reviews and appeals.

• Protected Environment Interdict
• Judicial Review Of Administrative Action
• Precautionary Principle
• Mining Authorisation
• Balance Of Convenience
• Irreparable Harm