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
This was a ruling on a preliminary objection that disputed the jurisdiction of the court. The respondents argued that its discretionary powers were not amenable to judicial review.
This objection was raised in the course of a review of a decision of the respondent to cancel the applicants’ licences that gave them a right to carry out sludge and waste disposal at the port of Mombasa. The applicants sought an order to quash the respondent’s decision and a further order to prohibit the respondent from implementing and enforcing the purported cancellation of the licenses.
Having considered the competing arguments for and against the preliminary objection, the court found that the objection was challenging the jurisdiction of the court. The respondents argued that its discretionary powers were not amenable to judicial review. The court held in the contrary that the decision was administrative and therefore could be the subject of a judicial review. It was further held that the applicants were not barred from coming to that court for assistance when they had grievances with administrative matters.
The court found that the preliminary objection had no merit and dismissed the application with costs to the applicant.