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 case interpreted the requirements to qualify for exemptions in s. 47(1) of the Nature Conservation Ordinance of 1975 that allow for the sale of game or game meat or the skins of game which is obviously under the age of one year.
The applicants sought to review a decision by the minister of environment and tourism that revoked and altered the terms of the gaming certificate issued for Erindi farm. The permit was altered to include that it did not apply to game kept in enclosures smaller than 1000 ha. The court found that in doing so, the minister equated the phrase ‘piece of land’ in s. 47(1) (ii) with the phrase ‘enclosure’. This consequently subjected ‘a farm’ to the same requirement governing ‘a piece of land’.
The court noted that not every piece of land in Namibia was a farm. It was held that the respondents’ interpretation of s. 47(1) exemptions was far-fetched. The court held that farms were required to be enclosed with a game-proof fence to qualify for the exemption while a piece of land required the land to be 1000 hectares and be enclosed with a game-proof fence. The court observed that Erindi farm was enclosed with a game-proof fence and should not be subjected to other requirements.
It was also held that the first respondent acted unlawfully for failing to give the applicants an opportunity to be heard.
Accordingly, the respondents were interdicted from enforcing the alterations in the certificate.