Jooste and Another v Member of the Executive Council for Local Government Environmental Affairs & Development Planning: Western Cape and Others (637/23)
Jooste and Another v Member of the Executive Council for Local Government Environmental Affairs & Development Planning: Western Cape and Others (637/23) [2024] ZASCA 138 (11 October 2024)
The Supreme Court of Appeal held that the settlement order of 18 October 2019, made an order of court, resolved all disputes between SAFAM and the State respondents regarding the environmental authorisation and waste management licence. The order is binding and final, and the appellants did not seek to challenge or set aside the order. As a result, the issues raised by the appellants are res judicata and cannot be revisited. The procedural complaints regarding condonation and public participation were subsumed by the settlement order, which provided directions for the authorisation process. T…
Source excerpt
- Environmental Authorisation
- Retrospective Authorisation
- Res Judicata
- Public Participation
- Costs Award
- Condonation