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 tribunal considered an appeal against the approval and issuance of a license for the construction of human waste sewage ponds in a residential area. The appellants argued the following: that they, had not been consulted; that the project would cause significant environmental damage; that the project lacked adequate mitigation measures; and that the respondents did not follow the relevant statutory provisions. The appellants sought cancellation of the license; an order to stop construction of the project; restitution, compensation as well as a guarantee of non- repetition; and environmental restoration. The respondents insisted that they had satisfied the relevant provisions and urged the tribunal to dismiss the appeal with costs.
The main issue for the tribunal’s consideration was whether there was effective public participation. It found that the respondents fell short of the requirement to issue two public notices. The tribunal also found that the respondents failed to demonstrate that they held three public meetings and that they made radio-announcements. It concluded therefor that public participation was not carried out effectively.
The tribunal went on to consider whether the project adhered to the Environment Management and Coordination (Water Quality) Regulations 2006; the Environment Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations 2009; and the Environmental Management and Co-Ordination (Air Quality) Regulations 2014. It found that the respondents failed to adhere to any of these. Accordingly, the tribunal upheld the appeal.
The matter concerned an allegation that the accused’s filling stations presented an environmental risk. Having been granted leave, the prosecutor, an environmental advocacy organisation instituted a private prosecution in the Gauteng Division of the High Court against the accused, a fuel supplies company.
The prosecutor claimed that it had complied with all the legislative requirements set out in s33 of the National Environmental Management Act 107 of 1998 to enable it to initiate such a prosecution. Counts 1 to 21 of the indictment alleged that the accused had contravened ss 21(1), 22(1) and 29(4) of the Environmental Conservation Act 73 of 1986 (“ECA”) as read together with other supporting environmental legislation. The said s 22(2) provided that authorisation of activities like construction of a service station would only be issued after consideration of reports concerning their impact on the environment. The accused formally pleaded to the charges divided into two sections. The first was a plea under s 106(1)(h) denying the prosecutor’s entitlement to prosecute and the other was a plea of not guilty under s 106(1)(b).
The court held that the claim under s 106(1)(h) on defence of want of title to prosecute failed. The court concluded that the prosecutor's case was straightforward and that the accused breached a duty relating to the protection of the environment. It held that in terms of s22(1) of the ECA the undertaking of certain identified activities was prohibited without written authorisation. The accused was convicted on 17 counts and acquitted on four.