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South Africa Case Law

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Environmental Law [2023] ZAGPPHC 310

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…

Source excerpt

  • Water Use Licence
  • Precautionary Principle
  • Protected Areas
  • Burden Of Proof
  • Sustainable Development
  • Mining Authorisation
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Administrative Law [2020] ZAGPPHC 485

Baleni and Others v Regional Manager Eastern Cape Department of Mineral Resources and Others (96628/2015)

Baleni and Others v Regional Manager Eastern Cape Department of Mineral Resources and Others (96628/2015) [2020] ZAGPPHC 485; [2020] 4 All SA 374 (GP); 2021 (1) SA 110 (GP) (11 September 2020)

Court
North Gauteng High Court, Pretoria
Case number
96628/2015
Judge
MAKHUBELE

The court held that, on a proper interpretation of sections 10(1) and 22(4) of the MPRDA, interested and affected parties are entitled, upon request to the Regional Manager, to be furnished with a copy of a mining right application, subject to redaction of financially sensitive information. The court found that the PAIA process is not a viable or practical alternative for such parties due to truncated timelines and capacity constraints, and that meaningful consultation requires timely access to the application. The court exercised its discretion to grant declaratory relief despite the respond…

Source excerpt

  • Mining Rights Application
  • Consultation With Affected Parties
  • Access To Information
  • Promotion Of Administrative Justice Act
  • Sustainable Development
  • Declaratory Relief
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Administrative Law [2011] ZAWCHC 327

Lagoon Bay Lifestyle Estate (Pty) Ltd v Minister of Local Government, Environmental Affairs and Development Planning of the Western Cape and Others (10751/2011)

Lagoon Bay Lifestyle Estate (Pty) Ltd v Minister of Local Government, Environmental Affairs and Development Planning of the Western Cape and Others (10751/2011) [2011] ZAWCHC 327; [2011] 4 All SA 270 (WCC) (31 August 2011)

Court
Western Cape High Court, Cape Town
Case number
10751/2011
Judge
Griesel

The court held that the Minister's reservation of final approval for rezoning and subdivision was constitutionally permissible and not ultra vires. The constitutional scheme does not allocate municipal planning powers in hermetically sealed compartments; provincial governments retain concurrent and supervisory powers, especially for developments with regional impact. The Minister acted within his statutory powers under LUPO and the Constitution. The applicant's reliance on the Gauteng Development Tribunal case was misplaced, as that judgment did not address the complex relationship between pr…

Source excerpt

  • Municipal Planning
  • Provincial Oversight
  • Rezoning And Subdivision
  • Promotion Of Administrative Justice Act
  • Constitutional Competence
  • Sustainable Development
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Administrative Law [2004] ZAGPHC 38

B P Southern Africa (Pty) Limited v MEC for Agriculture, Conservation Environment & Land Affairs (03/16337)

B P Southern Africa (Pty) Limited v MEC for Agriculture, Conservation Environment & Land Affairs (03/16337) [2004] ZAGPHC 38; [2004] 3 All SA 201 (W); 2004 (5) SA 124 (W) (1 May 2004)

Court
High Courts - Gauteng
Case number
03/16337
Judge
Claassen

The court held that the Department's mandate in considering applications for environmental authorisation is broad, encompassing not only environmental but also social and economic factors, as required by the Constitution, ECA, NEMA, and DFA. The Department was entitled to adopt and apply guidelines, including the distance stipulation, provided it did not do so rigidly or to the exclusion of other relevant considerations. The evidence showed that the Department considered multiple factors and did not apply the distance stipulation as an absolute rule. The Department's decision was reasonable,…

Source excerpt

  • Environmental Authorisation
  • Guidelines In Administrative Decision
  • Distance Stipulation
  • Sustainable Development
  • Judicial Review
  • Constitutional Right To Environment
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Administrative Law [2004] ZAGPHC 18

BP Southern Africa (Pty) Limited v Mec for Agriculture, Conservation, Environment & Land Affair (03/16337)

BP Southern Africa (Pty) Limited v Mec for Agriculture, Conservation, Environment & Land Affair (03/16337) [2004] ZAGPHC 18 (31 March 2004)

Court
High Courts - Gauteng
Case number
03/16337
Judge
Claassen

The court held that the Department's mandate, as derived from the Constitution, ECA, NEMA, and DFA, requires consideration of environmental, social, and economic factors in authorising activities that may impact the environment. The Department was entitled to adopt and apply guidelines, including the distance stipulation, provided it did not fetter its discretion. The evidence showed the Department considered a range of factors and did not apply the distance rule rigidly. The Department's refusal was based on environmental concerns, including cumulative impacts, sustainability, and potential…

Source excerpt

  • Environmental Authorisation
  • Distance Stipulation
  • Guidelines For Filling Stations
  • Sustainable Development
  • Judicial Review
  • Constitutional Right To Environment
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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.