The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-area expert postgraduate students from the University of Cape Town.
Read also JIFA's Environmental Country Reports for SADC
Kebble and Others v Minister of Water Affairs and Forestry (530/06) [2007] ZASCA 111; (21 September 2007); 
Role of state in relation to environment Actors in environmental law Environmental law Environmental duties Concepts and principles Environmental law Protected areas (general) Environmental decision-making Environmental law Minerals, oil and gas Minerals and energy Environmental law Waste management Waste and pollution Environmental law EL IndexThis was an appeal against a decision of the High Court to hold the appellants in contempt of an order of the Minister of Water Affairs and Forestry, issued to the mining companies concerned under s 19(3) of the National Water Act 36 of 1998.
The appellants contended the directives were incapable of implementation because they were so vague. Consequently, the respondent obtained orders from court a quo, compelling the appellant to provide an amount of money as contribution to execute the ministerial order. Following the order, the appellant failed to pay the money. As a result, the appellants applied to have the appellants for contempt.
The main issue for the court’s consideration was whether an order of the court ordering money to be paid could raise a question of contempt. In overruling the decision of court below, the supreme court stated that it was only where performance of an act was ordered – ad factum praestandum – that conviction for contempt of court was permitted as a means of enforcing performance. It held that contempt proceedings were therefore inappropriate in the circumstances. In conclusion, the court stated that an order that a person was in contempt of court, which carries with it criminal sanctions, should be made only where the court order allegedly flouted was clear and capable of enforcement. Accordingly, the appeal was upheld.
TIM BUSIENEI & 2 OTHERS v DIRECTOR GENERAL, NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) & ANOTHER [2007] eKLR (Tribunal Appeal 10 of 2006); (18 June 2007); Administrative Action Administrative Law Air quality Air and climate Environmental law Environmental impact and risk assessment Environmental decision-making Environmental law Public participation Human and environmental rights Environmental law EL IndexThe court considered an appeal against the first respondent’s decision to approve the second respondent’s construction, of a light industry, namely a metal fabricating workshop.
The appellants argued that the approval was granted without public consultation and that the construction would interfere with their quiet occupation of their residences. They alleged that the construction would produce noise, emit fumes and encourage the setting up of other industries in a high class residential area. The first respondent argued that this claim was not one for noise or air pollution, but construction, and it did not fall within the scope of its functions but that of the municipal council. The second respondent argued that all relevant consultations had taken place prior to the approval of the environmental impact assessment (EIA) project report.
The tribunal considered the grounds of appeal and observed that the purpose of the EIA process under the act was to assess the likely, significant impacts of a proposed development project on the environment. It stated that the assessment included air quality, water quality, traffic, noise, and other features of the environment but these considerations were not affected by whether an area is designated as a residential area.
The tribunal held that, there was no evidence to show that the second respondent’s development, would adversely impact on the environment, in the area, in ways that could not be mitigated by the measures that had been proposed by the second respondent in the EIA report.
Accordingly, the appeal was dismissed.
FARADAY LIMITED v NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY [2007] eKLR (Misc Appli 792 of 2007); (01 November 2007); Judicial Review Appeals and reviews Civil Procedure Procedural Fairness Justice and fairness Civil Procedure Writ of Mandamus Civil Remedies Environmental impact and risk assessment Environmental decision-making Environmental law EL IndexThis matter arose from an application for judicial review of a decision of the defendant to issue a notice for the cancellation of the plaintiff’s license. The plaintiff prayed for orders of certiorari, prohibition and mandamus.
The court certified the application as urgent and directed the applicant to serve the respondent. The respondent failed to make an appearance during the hearing, and the court granted leave to stay the notice of cancellation of the licence.
The respondent later filed an application under s 3A of Civil Procedure Act to set aside the stay order. The court found that the replying affidavits filed by the interested parties raised environmental issues and deficiency in the procedure leading to the grant of licence to the applicant.
The court noted its obligation to protect and uphold the authority of all the concerned parties to preserve and manage the environment. The court thus ordered the applicant and the Water Resource Management Authority (interested party) to file joint reports after surveying the riparian reserve area to indicate whether the project had interfered with the reserve. In case of failure to get a joint report, the court ordered the parties to file separate reports from their respective experts within 15 days and prohibited the applicant from developing the area of suit land along the riparian reserve.
Fuel Retailers Association of Southern Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province and Others EL Index Public interest in environment Environmental decision-making Environmental law Environmental damages Environmental remedies Civil Remedies Judicial Review Appeals and reviews Civil Procedure Environmental impact and risk assessment Environmental decision-making Environmental law
Dwangwa Cane Growers Trust v Chisangwala Henry (2127) ([node:field-casenumber]) [2007] MWHC 132 (02 December 2007); EL Index Public interest in environment Environmental decision-making Environmental law Land use Human exploitation of the environment Environmental law Declaratory Relief Civil Remedies
Dlamini and Others v Minister of Public Works and Others (3218/2007) [2007] SZHC 203 (24 October 2007); EL Index Injunction Injunctions and interdicts Civil Remedies Public interest in environment Environmental decision-making Environmental lawIn this case the applicants sought an urgent interdict preventing the respondents from demolishing homes in the Mangwaneni, Manzana and Makholokholo, through which the new construction of the New Mbabane Bypass road was carried out.
First, the court had to consider whether the matter was urgent and held that applicants needed to prove the matter’s urgency. The court found that the applicants had shown the urgency of the matter in their founding affidavit.
Second, the respondents argued that the application did not adequately describe the ninth applicant and that it could therefore not be admitted. Considering existing jurisprudence, the court held that a relaxed approach should be taken on the issue to not inhibit public interest litigation. Consequently, the court condoned the citation of the parties.
Finally, the respondents argued that the applicants did not fulfill the conditions for an urgent interdict because they could seek compensation from the committee responsible for compensating resettled people. The applicants claimed that the committee no longer existed. Thus, the court had to consider whether the committee responsible for compensating the people who had been resettled by the project was still active. Given this situation, the court decided to postpone the matter, ordering the applicants to submit their claims to the secretary of the committee within seven days and ordering the committee to address these claims within 21 days. The secretary of the committee was also ordered to submit a report to the court. The court postponed all outstanding matters until then.
 |
 |
 |