South Africa Case Law

Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others (CCT102/15)

Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others (CCT102/15) [2016] ZACC 4; 2016 (5) BCLR 673 (CC) (23 February 2016)

Court

Constitutional Court

Case number

CCT 102/15

Judges

Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Nkabinde J, Nugent AJ, Van der Westhuizen J, Zondo J

The Constitutional Court held that section 32 of the National Environmental Management Laws Amendment Act prescribed that the Act would come into effect three months from the date of publication by the President. The President's role was limited to publication, which served as a reference point for commencement. There was no legal requirement for the President to ensure that regulations were in place before publication. Parliament intentionally provided a three-month period to allow the Minister to promulgate necessary regulations. The failure to have regulations in place at commencement was…

Source excerpt

• Rationality Review
• Publication Of Legislation
• Environmental Regulation
• Ministerial Duties