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.
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Drift Supersand (Pty) Limited v Mogale City Local Municipality and Another 
EL Index Locus standi in environmental litigation Litigation of environmental issues Environmental law Public interest in environment Environmental decision-making Environmental law Judicial Review Appeals and reviews Civil Procedure Procedural Fairness Justice and fairness Civil Procedure Sustainable development Concepts and principles Environmental law Public participation Human and environmental rights Environmental law
Tekwatekwa v Butao (Civil Appeal No. 50 of 2013) [2017] MWHC 75 (01 June 2017); Private prosecutions Criminal offences in environmental law Environmental law Cultural and heritage values in the environment Environmental decision-making Environmental law African customary law and rights of indigenous peoples Human and environmental rights Environmental law EL IndexThis was an appeal to the High Court against the decision of a magistrate to dismiss the appellant’s claim which concerned a dispute over a customary piece of land. While the appellant stated that the part of the land in dispute was his, the respondent maintained otherwise.
The issue for determination was whether the land belonged to the respondent or the appellant. The court held that in civil cases, the evidence was on a balance of probability. As such, the respondent’s evidence that he was the one given the land by the chief carried more weight and was therefore convincing. The court further held that customary lands were owned communally, which meant that the chief did not own the land as his belonging. Therefore, the court stated that the chief did not have the power to deprive one person of land and give it to another. In conclusion, the court upheld the decision of the court below and accordingly dismissed the appeal.
Mkandawire & Anor. v Tropha Estate Limited & Anor. (Mediator's Report) (Civil Cause No. 142 of 2017) [2017] MWHC 819 (11 September 2017); Role of state in relation to environment Actors in environmental law Environmental law Private prosecutions Criminal offences in environmental law Environmental law Public interest in environment Environmental decision-making Environmental law African customary law and rights of indigenous peoples Human and environmental rights Environmental law Defective Goods Condition and treatment of property Property Law EL IndexThis was a mediation report regarding an action commenced by the plaintiffs against the installation of a water pump and other construction works on what was believed to be customary land. The plaintiffs sought to restrain the defendant from interfering with their customary rights on the land. They contended that the water pump installation plan violated their right to the use and enjoyment of their customary land. The matter was set for mediation.
The issue for resolution was whether the project interfered with the customary land held by the plaintiffs.
An agreement was reached by the parties to the effect that the project was located in an intersection of the road reserve which was public land pursuant to the Waterworks Act and that the defendants had obtained the requisite authority to install the water pump and related works. The proposed construction of the water pump was therefore not in violation of any customary rights for as long as it was restricted within the road reserve. Accordingly, the matter was resolved.
Debshan (Pvt) Ltd. v Provincial Mining Director, Mat. South Province & Others (HB 11-17, HC 538-16) [2017] ZWBHC 11 (26 January 2017); Declaratory Relief Civil Remedies Environmental duties Concepts and principles Environmental law Environmental impact and risk assessment Environmental decision-making Environmental law Locus standi in environmental litigation Litigation of environmental issues Environmental law Minerals, oil and gas Minerals and energy Environmental law EL IndexEnvironment – environmental impact assessment – requirement for – such requirement additional to considerations for issue of mining permit
Uazengisa and Another v Mukuambi and 4 Others (A 298/2015) NAHCMD 353 (06 December 2017); EL Index Cultural and heritage values in the environment Environmental decision-making Environmental law African customary law and rights of indigenous peoples Human and environmental rights Environmental law Judicial Review Appeals and reviews Civil ProcedureIn this case, the applicants sought to enforce the decision of the Royal House of Chief Kambazembi (a traditional authority), that allocated communal land to them.
Following the continued occupation of the three square kilometres of the land by the first and second respondents, the applicants decided to enforce the decision by the traditional authority in the court.
The court analysing s. 24-26 of the Communal Land Reform Act, Act 5 of 2002 held that the traditional authority had the power to allocate customary land rights. However, upon the allocation of a customary land right, the applicant was required to notify the land board for registration of the land. The court observed that the applicant failed to do so and thus failed to establish a right that was capable of enforcement by the court.
Accordingly, the application was dismissed, and the applicants were directed to pay costs of the first and second respondents jointly and severally.
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