South Africa Case Law

MEC for Environmental Affairs and Development Planning v Clairison’s CC (408/2012)

MEC for Environmental Affairs and Development Planning v Clairison’s CC (408/2012) [2013] ZASCA 82; [2013] 3 All SA 491 (SCA); 2013 (6) SA 235 (SCA) (31 May 2013)

Court

Supreme Court of Appeal

Case number

408/2012

Judges

Nugent, Ponnan, Tshiqi, Willis, Swain

The SCA held that the MEC properly considered relevant factors and was not biased when refusing environmental authorisation for a retirement village proposal.

• Promotion Of Administrative Justice Act
• Environmental Authorisation
• Urban Sprawl
• Departmental Policy
• Perception Of Bias
• Administrative-law

Hentru Developers & Contractors CC v Hanekom NO and Another (35154/2003)

Hentru Developers & Contractors CC v Hanekom NO and Another (35154/2003) [2005] ZAGPHC 322 (21 September 2005)

Court

High Courts - Gauteng

Case number

35154/2003

Judge

Bertelsmann

The court found that the respondents' refusal of the applicant's application for written authorisation for township establishment was irrational and not supported by a proper consideration of the relevant facts. The respondents failed to address the actual environmental impact, particularly the existing commercial activities and the condition of the wetland, and relied on generalised concerns about urban sprawl and loss of agricultural land without substantiating these claims. The second respondent did not independently assess the appeal, merely repeating the first respondent's reasons and fa…

Source excerpt

• Environmental Authorisation
• Review Of Administrative Action
• Wetland Protection
• Urban Sprawl
• Promotion Of Administrative Justice Act
• Land Use Management