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.
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Water Resources Management Authority v Krystalline Salt Limited [2018] eKLR (Environment and Land Case 47 of 2015); (05 April 2018); 
EL Index Public interest in environment Environmental decision-making Environmental law Freshwater use Water and coasts Environmental law Role of state in relation to environment Actors in environmental law Environmental law Minerals, oil and gas Minerals and energy Environmental lawKensalt Limited v Water Resources Management Authority [2018] eKLR (PETITION (APPLICATION) NO. 8 OF 2016); (31 August 2018); Locus standi in environmental litigation Litigation of environmental issues Environmental law Use of coastal and marine areas Water and coasts Environmental law EL IndexThe two applicants were seeking an order for joinder in a substantive appeal by the petitioner. The court considered whether the applicants ought to be joined to the appeal as interested parties. The appeal dealt with the lawfulness of charges levied against the appellant and the applicants for the use of sea water.
In deciding the case, the court relied on the case of Francis Kariuki Muruatetu and Another v. Republic and Four Others which set out guiding principles when seeking to be joined to proceedings as an interested party. The rule stated that the party seeking to be enjoined must move the court through a formal application and must place sufficient grounds before the court namely: the personal interests that the party has in the matter; the prejudice that the interested party will suffer; and the relevance of the submissions the party seeks to rely on in the case.
In dismissing the application for joinder, the court held that the applicants expressed no interest in the matter during the lower courts. Furthermore, the court held that the applicants could bring their own application since there was no order of stay of proceedings in place. Lastly, it held that the applicants did not stand to suffer or incur any prejudice in the matter. Accordingly, the court dismissed the applications with costs.
Gongqose 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 law
Fenu and Others Vrs Attorney General and Others (J4/40/2018) [2018] GHASC 71 (17 October 2018); EL Index Attribution of Costs Costs Civil Remedies Injunction Injuctions and interdicts Civil Remedies Use of coastal and marine areas Water and coasts Environmental law Land use Human exploitation of the environment Environmental lawThe court considered an appeal against the decision of the Court of Appeal, staying the proceedings of the High Court.
The origin of the appeal was an application for a mandatory injunction, against the respondent, for disturbing the “natural calm flow” of the Volta River, into the sea, while executing their contractual obligations (marine reclamation). The Respondent appealed 3 interlocutory applications in the High Court, which appeals were still pending.
The stay was granted to the respondents following an application for judgment to be entered against them.
The appellant raised six grounds of appeal, however the court held that the determination of one main issue would dispose of the appeal. Thus, the court had to determine whether the Court of Appeal erred in granting the stay of proceedings.
The court noted that all the interlocutory orders were on appeal before the Court of Appeal. The court found that the court of appeal was right to halt the proceedings, since the determination of the interlocutory orders could have a serious effect on the case before the High Court.
It was further noted that an order staying proceedings is interlocutory, and discretionary and should not be interfered with unless it might result in serious injustice. The court found that the appellant failed to demonstrate that the discretion exercised would result to injustice.
Accordingly, the appeal was dismissed.
Hippo Valley Estates Limited & Another v Minister of Environment, Water & Climate (HH 235-18, HC 7770/16) [2018] ZWHHC 235 (03 May 2018); EL Index Judicial Review Appeals and reviews Civil Procedure Abuse of Process Conduct of proceedings Civil Procedure Freshwater use Water and coasts Environmental law Public utilities Actors in environmental law Environmental lawThe court considered an application to set aside the National Water Authority Regulations and tariffs on the ground that they were ultra vires and violated the applicants’ rights.
The applicants’ business operations involved sugar-cane growing and sugar processing. They concluded two agreements with the Zimbabwe National Water Authority (ZINWA), which related to the supply of water. It was a term of the agreement that the parties would, together, review charges for raw water, and should they fail to agree, the respondent would fix the prices. Subsequently, ZINWA addressed a letter advising the applicants of their intention to review the charges. The respondent unilaterally increased the tariffs and failed to notify the applicants. The respondent argued that in terms of the ZINWA Act, she had the authority to impose tariffs for water charges and that the regulations did not violate the applicants’ rights.
The court considered whether the respondent had acted lawfully in imposing the water tariffs. It found that the government reviewed the water charges, and not ZINWA which was lawfully established to review the tariffs in as far as the applicant was concerned.
The court found that the respondent could not unilaterally increase water tariffs, unless ZINWA had made application to it to justify the increase. In this case, the respondent failed to notify the applicants, nor did she give them an opportunity to respond. The court concluded that the respondent acted ultra vires by increasing the tariffs and her actions were unlawful. Accordingly, the application was upheld
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