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
Ehlers and Others v Rand Water Board (484/2004) [2005] ZASCA 122; (30 November 2005); 
EL Index Protected areas (general) Environmental decision-making Environmental law Role of state in relation to environment Actors in environmental law Environmental law Environmental duties Concepts and principles Environmental law Precautionary and preventive principles Concepts and principles Environmental law Environmental impact and risk assessment Environmental decision-making Environmental lawFuel Retailers Association of SA (Pty) Ltd v Director General, Environmental Management Mpumalanga and Others (530/05) [2006] ZASCA 154; (22 September 2006); Judicial Review Appeals and reviews Civil Procedure Environmental duties Concepts and principles Environmental law Environmental impact and risk assessment Environmental decision-making Environmental law Protected areas (general) Environmental decision-making Environmental law EL IndexThis was an appeal against the decision of the High Court to dismiss an application for review of an application for the setting aside of a decision made by the second respondent, the Member of the Executive Committee of the Department of Agriculture, Conservation and Environment, Mpumalanga (the MEC), and upheld on appeal by the first respondent, the Director General, Environmental Management, Mpumalanga, (the DG). The decision in question was to permit the construction of a filling station in White River. The appellant contended that the permission was given contrary to the provisions of the law.
The court observed that all environmental precautions had been taken into account by the scoping report. It found that the land had been rezoned by the local authority from special area to a business area, based on need and desirability. The court held that that the key factors’ in deciding to grant the application in the circumstance were: firstly, that the property had been rezoned from “special” to “business”; secondly, that no potential threatened plant and animal species were recorded during the site investigation; and, that all identified and perceived impacts were satisfactorily dealt with in the scoping report and the recommendations proposed were sufficient to minimize any negative impacts. Since all this were observed. The appellant case was dismissed with cost.
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.
Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others (50779/2017) [2018] ZAGPPHC 807; (8 November 2018); EL Index Judicial Review Appeals and reviews Civil Procedure Protected areas (general) Environmental decision-making Environmental law Public interest in environment Environmental decision-making Environmental law Procedural Fairness Justice and fairness Civil Procedure Environmental impact and risk assessment Environmental decision-making Environmental lawGongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S EL Index Offences in relation to indigenous species Criminal offences in environmental law Environmental law African customary law and rights of indigenous peoples Human and environmental rights Environmental law Use of coastal and marine areas Water and coasts Environmental law Protected areas (general) Environmental decision-making Environmental lawMagaliesberg Protection Association v MEC, Department of Agriculture, Conservation, Environment and Rural Development, North- West Provincial Government and Others Role of state in relation to environment Actors in environmental law Environmental law Environmental impact and risk assessment Environmental decision-making Environmental law Protected areas (general) Environmental decision-making Environmental law Public participation Human and environmental rights Environmental law Land use Human exploitation of the environment Environmental law EL IndexThis was an application for review of the respondent’s decision to authorise the construction of a lodge in a protected area. The lodge was built prior to obtaining the necessary environmental authorisation but this was obtained ex post facto. The applicant had at the time of filing this application alos filed an application for an interdict to stop the construction of the lodge, which application was dismissed.
The main legal issue to be resolved was whether under the National Environmental Management Act No 107 of 1998 (NEMA) a permit to build a house in the Protected Environment (MPE) could be issued ex post facto as was given to the third respondent by the first and second respondents.
The court held that section 24 G of NEMA provided for the rectification of the unlawful commencement of the activity by applying to the Minister or MEC for an ex post facto environmental authorisation. In conclusion, the court held that since the application was done and approved ex post facto the respondents had acted within the confines of the law and therefore the application lacked merit. The court observed further that the was aware, or ought to have been aware that when it was unsuccessful in the urgent application to have the development of the Lodge suspended, the consequences were that the respondent would continue with the construction and finalisation of its building project and the review would be rendered academic. Accordingly, the application was dismissed.
 |
 |
 |