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South Africa Case Law

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Constitutional Law [2022] ZAGPJHC 951

Midnight Feast Properties 11 (PTY) Ltd and Another v City of Ekurhuleni Metropolitan Municipality and Others (26799/2022)

Midnight Feast Properties 11 (PTY) Ltd and Another v City of Ekurhuleni Metropolitan Municipality and Others (26799/2022) [2022] ZAGPJHC 951 (28 November 2022)

Court
South Gauteng High Court, Johannesburg
Case number
26799/2022
Judge
M A Makume

The court found the application urgent due to the potential danger posed by illegal electricity connections near the applicants' premises. The applicants established locus standi based on constitutional rights and public interest. However, the municipality demonstrated ongoing efforts to address illegal connections, including coordination with law enforcement to mitigate risks associated with removal operations. The applicants failed to show that there was no satisfactory alternative relief or that the balance of convenience favored granting interim relief. The court concluded that, while the…

Source excerpt

  • Interim Interdict
  • Locus Standi
  • Danger To Life And Property
  • Section 24 Rights
  • Urgent Application
  • Municipal Duties
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Administrative Law [2021] ZAECGHC 118

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 The environmental management programme was outdated and did not reflect current scientific understanding or adequately address risks to marine life and livelihoods.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…

Source excerpt

  • Consultation Requirements
  • Customary Fishing Rights
  • Environmental Authorisation
  • Precautionary Principle
  • Interim Interdict
  • Section 24 Rights
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Administrative Law [2019] ZAGPPHC 367

National Council of The Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017)

National Council of The Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017) [2019] ZAGPPHC 367; [2019] 4 All SA 193 (GP) (26 August 2019)

Court
North Gauteng High Court, Pretoria
Case number
86515/2017
Judge
Kollapen

The court held that the Minister's decisions to set export quotas for lion bone in 2017 and 2018 constituted administrative action under PAJA, as they were made in terms of NEMBA and the CITES Regulations and had direct, external legal effect on the rights of breeders, exporters, and the public. The applicant was not excluded from the process, having participated in consultations and made submissions. However, the Minister erred in excluding animal welfare considerations from the quota determination process, as such considerations are relevant under Section 24 of the Constitution, NEMBA, and…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Animal Welfare
  • Biodiversity Management
  • Quota Setting
  • Section 24 Rights
  • Judicial Review
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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.