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 matter dealt with an application seeking an order that the defendant be temporarily restrained from erecting, constructing and or use of the public toilet on the beach front near the plaintiff’s resort.
The court considered whether the plaintiff established a prima facie case with a probability of success to warrant the grant of a temporary injunction. The principle of public participation informs the requirement of submission of an Environmental Impact Assessment Report which gives individuals such as the applicant a voice in issues that may bear directly on their health and welfare and entitlement to a clean environment. In the absence of the report for the construction of the toilets approved by the National Environment Management Authority, the court held that the plaintiff established a prima facie case with chances of success.
The court considered whether the construction of the public toilet next to the resort would cause adverse environmental effect thus devaluing the plaintiff's otherwise prime property. The court has the constitutional duty, at Article 70 (2) of the Constitution to prevent, stop or discontinue any act or omissions that is harmful to the environment. Accordingly, the court held that unless the order of injunction was granted as prayed, the plaintiff, and the users of the beach and the ocean were likely to suffer irreparable damage if the toilets were used before proper mechanisms were put in place to mitigate the environmental pollution that may have occurred.
The application was granted.
This was an application for judicial review wherein the applicants sought orders to quash the respondents’ decision to place an advertisement in the newspapers calling for applications for concessions in state forests, prohibition orders to prevent the respondent from actualizing any matters concerning the advertisement. They also sought an order of mandamus to compel the respondent to comply with constitutional provisions on the protection of forests.
The respondent argued that they had taken the action in accordance with s 37(2) of the Forest Act.
The court determined whether the respondent had complied with the law in making the decision.
The court interpreted s 37(2) and established that before the board takes a decision to place an advertisement for concessions, it must be satisfied that the forests will be efficiently managed through such concession or license and for the board to be satisfied, factors such as public views and opinion, should be taken into account before the decision is made.
The court found that the respondent had not made provision for public participation, yet it was constitutionally bound to do so and thus failed to comply with the law.
Accordingly, the court granted the orders sought by the applicants.