South Africa Case Law

Nahoon Estuary Management Forum NPO (Batting Bridge Picnic Site) v Buffalo City Metropolitan Municipality and Another (EL 1730/2022)

Nahoon Estuary Management Forum NPO (Batting Bridge Picnic Site) v Buffalo City Metropolitan Municipality and Another (EL 1730/2022) [2024] ZAECELLC 11 (2 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1730/2022

Judge

Zono

The court found that the Municipality is constitutionally and legislatively obliged to perform the functions sought by the applicant, including maintaining the park, controlling access, managing waste, and enforcing relevant Bylaws and the Operational Environmental Management Plan. The Municipality's argument that Bylaws only criminalize conduct and do not impose enforceable duties was rejected; the court held that the Municipality must administer and enforce its own Bylaws and ensure the rights of site users and the community are protected. The Management Plan, compiled by the relevant MEC,…

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• Municipal Bylaws Enforcement
• Public Interest Litigation
• Environmental Rights
• Waste Management
• Access Control In Public Parks
• Local Government Duties

Malgas v Buffalo City Metropolitan Municipality and Another (729/2022)

Malgas v Buffalo City Metropolitan Municipality and Another (729/2022) [2023] ZAECELLC 27 (12 September 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

729/2022

Judge

Hartle

Application to compel a municipality to clean up illegal dumping was dismissed because the founding affidavit was unsigned and the applicant lacked proper standing and urgency.

• Mandamus
• Locus Standi
• Illegal Dumping
• Waste Management
• Founding Affidavit Defect
• Costs Order

Caramellos Trust IT 730/2004 v Master Recyclers BFN (Pty) Ltd and Another (363/2022)

Caramellos Trust IT 730/2004 v Master Recyclers BFN (Pty) Ltd and Another (363/2022) [2022] ZAFSHC 235 (13 September 2022)

Court

Free State High Court, Bloemfontein

Case number

363/2022

Judge

Mathebula

The court found that the requirements for res judicata were satisfied, as the previous order was granted by a competent court between the same parties, on the same cause of action, and with respect to the same subject-matter. The applicant did not seek to set aside, amend, or abandon the previous order, which was final and definitive of the parties' rights. Allegations of fraudulent misrepresentation were not relevant to the present proceedings, as the previous order was not conditional or pending further relief. Granting a similar order would be contrary to the principle of finality in litig…

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• Res Judicata
• Municipal By Laws
• Waste Management
• Finality Of Judgments

Kenton on Sea Ratepayers Association and Others v Ndlambe Locol Municipality and Others (4341/2014)

Kenton on Sea Ratepayers Association and Others v Ndlambe Locol Municipality and Others (4341/2014) [2016] ZAECGHC 45; 2017 (2) SA 86 (ECG) (15 June 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

4341/2014

Judge

M.J Lowe

The court found that the First Respondent and its municipal manager (Seventh Respondent) were in contempt of the 2009 order due to prolonged and inadequate compliance with obligations to prevent sewage spillage into the Bushman's River. The explanation for delays and failures was insufficient, and the municipality did not act with the necessary diligence or urgency. The Marselle dumpsite was mismanaged, overfull, and subject to repeated fires and pollution, with no effective steps taken to decommission it or establish an alternative site despite longstanding awareness of the problem. The cour…

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• Municipal Services
• Structural Interdict
• Contempt Of Court
• Waste Management
• Constitutional Obligations
• Mandamus

Retail Motor Industry Organisation and Another v Minister of Water & Environmental Affairs and Another (145/13)

Retail Motor Industry Organisation and Another v Minister of Water & Environmental Affairs and Another (145/13) [2013] ZASCA 70; [2013] 3 All SA 435 (SCA); 2014 (3) SA 251 (SCA) (23 May 2013)

Court

Supreme Court of Appeal

Case number

145/13

Judges

Mpati, Nugent, Tshiqi, Plasket, Saldulker

The court held that the Minister's approval and subsequent withdrawal of the July plan constituted the exercise of legislative power in the form of subordinate legislation. The functus officio principle does not apply to such legislative acts, as the Interpretation Act expressly allows for amendment and rescission. The November plan, which was identical to the July plan minus the offending item, did not require a new public participation process since the public had already commented on the relevant content. The requirements of the Waste Tyre Regulations were met, and the Minister was not res…

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• Functus Officio
• Waste Management
• Public Participation
• Subordinate Legislation
• Severance Of Invalid Provisions
• Judicial Review

Retail Motor Organisation and Another v Minister of Water and Environmental Affairs and Another (51148/2012)

Retail Motor Organisation and Another v Minister of Water and Environmental Affairs and Another (51148/2012) [2012] ZAGPPHC 273 (12 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

51148/2012

Judge

Tuchten

High Court granted an interim interdict halting implementation of the Redisa waste tyre plan pending review, finding a material version was not properly published for comment.

• Waste Management
• Public Participation
• Legality Of Administrative Action
• Interim Interdict
• Constitutional Right To Environment
• Interim-interdict