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
The court considered an appeal against the decision of the House of Representatives. It passed a resolution directing the Respondent to pay to the Appellant compensation in the sum of $1.5 Billion for damages/compensation for environmental degradation of the Appellants' communities by oil drilling.
The High Court ordered the Respondent to comply with the resolution and pay to the Appellants the said sum. However, the respondent was able to obtain a stay of execution of the judgment in the trial court granted that the applicant deposits the outstanding amount pending the outcome of the subsequent appeal.
The Respondent wanted this varied and was successful. The applicant disputed this before this court pleading for unconditional stay of execution.
The court had to determine whether there were justifiable reasons to grant an unconditional stay of execution.
The court held that a stay of execution, conditional or unconditional, is granted at the discretion of the court and an appeal court will only interfere where the discretion was wrongly exercised or irregular.
The learned justices of the Court of Appeal took into consideration the consequences of an unsuccessful appeal and a successful one, and came to the conclusion that an unconditional stay of execution met the justice of the case since the Respondent (in this appeal) had assets within the jurisdiction of the court to defray the judgment sum. The facts and circumstances clearly did not support tying down $1.5 Billion to await judgment at the end of lengthy appeals.
The appeal was thereby dismissed.