South Africa Case Law

South African Human Rights Commission v Msunduzi Local Municipality and Others (8407/2020P)

South African Human Rights Commission v Msunduzi Local Municipality and Others (8407/2020P) [2021] ZAKZPHC 35; [2021] 3 All SA 939 (KZP); 2021 (6) SA 500 (KZP) (17 June 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8407/2020P

Judge

Seegobin

The court found that the Msunduzi Municipality's operation and management of the New England Road Landfill Site constituted a highly regulated activity subject to strict statutory and constitutional obligations. The municipality's persistent and blatant non-compliance with its Waste Management Licence, compliance notices issued under NEMA, and duties under the Waste Act and National Water Act resulted in significant environmental harm and compromised the health and well-being of Pietermaritzburg's citizens. The municipality's conduct violated section 24 of the Constitution and its obligations…

Source excerpt

• Municipal Waste Management
• Section 24 Right To Environment
• Waste Management Licence
• Structural Interdict
• Duty Of Care
• International Environmental Obligations

Sedibeng Iron Ore (Pty) Ltd and Another v Rexton Holdings (Pty) Ltd and Others (2772/2017)

Sedibeng Iron Ore (Pty) Ltd and Another v Rexton Holdings (Pty) Ltd and Others (2772/2017) [2019] ZANCHC 47 (27 May 2019)

Court

Northern Cape High Court, Kimberley

Case number

2772/2017

Judge

BM Pakati

The High Court confirmed a rule nisi interdicting respondents from removing manganese ore from Klipfontein Farm, finding Sedibeng’s rights would be interfered with.

• Mining Rights
• Final Interdict
• Waste Management Licence
• Surface Rights
• Environmental Compliance
• Authority To Institute Proceedings

Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (11488/17P)

Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (11488/17P) [2018] ZAKZPHC 62; [2019] 1 All SA 176 (KZP) (20 November 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11488/17P

Judge

Seegobin

The court found that Tendele Coal Mining (Pty) Ltd commenced mining operations lawfully under mining rights and EMPs approved prior to the December 2014 amendments introducing the One Environmental System. Section 12(4) of the NEMA Amendment Act deems such EMPs to be environmental authorisations under NEMA, permitting continuation of mining. The applicants failed to identify specific unlawful activities or provide substantiated evidence of non-compliance. Municipal land use approval and waste management licences are not required for pre-existing mining operations under the relevant transition…

Source excerpt

• Environmental Authorisation
• Mining Rights
• Municipal Land Use
• Waste Management Licence
• Heritage Protection
• Interdict Requirements

RCL Foods Pty Ltd v Makole Rescources Pty Ltd and Others (8626/2016)

RCL Foods Pty Ltd v Makole Rescources Pty Ltd and Others (8626/2016) [2017] ZAGPPHC 108 (14 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

8626/2016

Judge

C.P. Rabie

The High Court dismissed an application for a final interdict stopping coal mining, finding unresolved disputes of fact and no proven clear right or imminent harm.

• Mining Rights
• Environmental Authorisation
• Waste Management Licence
• Water Use Licence
• Town Planning Scheme
• Final Interdict