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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Mclaren Ian N.O and 3 others v Municipal Council of Windhoek and 2 Others (SA 33/2016) [2018] NASC 1 (17 January 2018); 
Administrative Review Administrative Law Judicial Review Appeals and reviews Civil Procedure Environmental duties Concepts and principles Environmental law EL IndexThis was an appeal by a company and its liquidators against the decision of the lower court to dismiss their claim for the validity of a lease. The appellants claimed in the alternative that the decision of the respondent, the Municipal Council of Windhoek (“the council”) be reviewed and set aside.
The main issues to be determined were, whether the council had validly cancelled the lease prior to the liquidators’ election to continue with it and whether the decision of the council was open to review by the court.
The respondent contended that the cancellation was caused by the appellants’ breach of a term of the contract, by discontinuance of its textile industry. The respondent further contended that the appellants breached another term regarding sound environmental practices.
The court found that the respondent’s decision to terminate the lease was solely contractual and not administrative. On this basis therefore, the court held that the decision was not open to review on administrative law grounds.
Firstly, the court held that financial failure of a company, leading to liquidation, could not terminate a lease. Secondly, that the council failed to establish what the terms for an environmental friendly textile industry were. In conclusion, the court held that the company had in fact given notice to terminate the lease and that the notice was accepted by the respondent. Consequently, the lease had then ceased to exist.
Accordingly, the court dismissed the appeal with costs.
David Awori & 2 others on behalf of Gigiri Village Association v Director General (NEMA) & 2 others [2018] eKLR (Tribunal Case Net 212 of 2017); (25 September 2018); Administrative Action Administrative Law Judicial Review Appeals and reviews Civil Procedure Abuse of Process Conduct of proceedings Civil Procedure Environment (definition) Concepts and principles Environmental law EL IndexThe substance of this appeal was a judicial review against the decision by the National Environment Management Authority (NEMA) to grant an EIA license. The appellants alleged that the license was issued without observance of the law.
The 2nd respondent raised preliminary objections and argued that the appeal was statute barred, the appeal was a subject matter of another suit and therefore sub judice and constituted an abuse of court process.
The appellants argued that the appeal was not statute barred since the time limitation, being 60 days only starts to run when the decision is handed down. The court interpreted Rule 7 of the National Environmental Tribunal Procedure, Rules 2003 and found that its provisions only allowed an extension of time to file proceedings where the time limit is not set in the Environmental Management and Coordination Act. The court noted that this appeal was not in the ambit of Rule 7 since s 129(1) of the Act set the time limit to 60 days after occurrence of the Act, which in this case was 60 days after the EIA license was issued. The court held that the appellants were not in compliance of the time limitation and declared the appeal to be incompetent.
The court found that as a result of the appeal being incompetent, there was no need to consider whether the matter was sub judice.
Accordingly, the appeal was dismissed.
Affenyi and Others Vrs Abosso Goldfields Limited (NO. J4/09/2017) [2018] GHASC 15 (08 March 2018); EL Index Minerals, oil and gas Minerals and energy Environmental law Environmental duties Concepts and principles Environmental law Judicial Review Appeals and reviews Civil Procedure Public interest in environment Environmental decision-making Environmental lawThis was an appeal against the validity of an order to the Land Valuation Board to assess the compensation payable in respect of buildings and farms belonging to inhabitants of an old village.
The facts of this case were that the appellant, a mining company, requested the respondents and other inhabitants of a village, which adjoined its mining area, to vacate the village and paid them compensation for their buildings, which were later demolished. Section 71 of the Minerals and Mining Act, 1986, provided for compensation for disturbances to owners and occupiers of lands affected by mineral operations. The appellant argued that this compensation was limited to areas within the mineral operations and that these areas were not land designated within its mining lease.
The Supreme Court considered the lawfulness of the board’s decision to award further compensation under s71 of the act. It found that since the mining operations of the appellant affected the owners or occupiers of land they were entitled to statutory compensation. The court stated that whereas compensation for the buildings of the respondents was settled by agreement with the appellants, as permitted under s71(3) of the act, compensation for the disturbance of their farming activities at the old village was mandatory under the act.
The court, however, stated that the lower courts came to the right conclusion but their reasons were not sound in law. Accordingly, the appeal was dismissed but the reasons were substituted for the Supreme Court’s decision.
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