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
Elizabeth Kurer and Detlef Heir (Suing on their behalf and on behalf of aggrieved residents of Watamu within Kilifi County) v County Government of Kilifi & 4 others [2018] eKLR (Petition 23 of 2016); (19 April 2018); 
Frivolous, vexatious, nuisance proceedings Conduct of proceedings Civil Procedure Role of state in relation to environment Actors in environmental law Environmental law Pollution and waste management offences Criminal offences in environmental law Environmental law Public interest in environment Environmental decision-making Environmental law Access to environmental information Human and environmental rights Environmental law Healthy environment Substantive rights Human Rights EL IndexThe petitioners in this matter contented that since 1998, the fourth and fifth respondents had played excessively loud music at night thus causing the petitioners and other residents sleepless nights. The respondents operated an entertainment spot located near a residential area and learning institutions and whose main entertainment menu was the playing of very loud music. The petitioners alleged that the noise interfered with their peace and quiet enjoyment of their properties and violated their right to a clean and healthy environment.
In order to prove that the noise and vibration levels from the respondent’s restaurant were excessive, the petitioners used self-made instruments that were not approved by a relevant lead agency or any person appointed by the National Environmental Management Authority.
This was against the requirements of the Environmental Management and Coordination Act. Therefore, the petition had to fall, although the learned Judge noted that the petitioners had a noble claim.
Upper Highway Air NPC v Enviroserv Waste Management (Pty) Ltd and Others (3692/2017) [2018] ZAKZDHC 37; (31 July 2018); EL Index Pollution and waste management offences Criminal offences in environmental law Environmental law Public interest in environment Environmental decision-making Environmental law Healthy environment Substantive rights Human Rights Administrative Action Administrative Law
Mabuza v Phinduvuke Bus Service (66/2017) [2018] SZSC 13 (29 May 2018); EL Index Pollution and waste management offences Criminal offences in environmental law Environmental lawCivil Procedure ̶ Action by Appellant claiming damages for negligence – Bus conductor throws bottle under bus from which the Appellant has just alighted – Bus stamples over the stump of crushed bottle – Part of the bottle springs up and hits eye of the Appellant resulting in injury – Respondent raises plea of absolution from the instance on ground that the injury was not foreseeable – court a quo upholds the plea on ground that the bus conductor was not negligent as the damage caused was neither reasonably foreseeable nor preventable – whether court a quo applied proper test for absolution from the first instance – On appeal, held that on the evidence adduced the conduct of the bus conductor was negligent and the damage caused to the Appellant was reasonably foreseeable and preventable – Appeal allowed with costs – Matter remitted back to the court a quo, to hear the Respondent’s case and determine the case on the merits.
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