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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The court considered an appeal against a decision of the High Court dismissing an application for a remedy over a land dispute on the grounds that there were disputes of fact that could not be ascertained, which the appellants should have foreseen.
The first, second and third appellants were members of the fourth appellant, a company of Swazi indigenous people, formed to co-ordinate the ploughing of sugar cane by indigenous Swazis. The first and second respondent were adult Swazis employed by a wildlife business undertaking.
The court considered 1) whether the application should have been dismissed due to a failure by the applicants to join parties who had a substantial interest in the matter, and 2) whether the applicants succeeded in establishing that they were in peaceful and undisturbed possession of the land when they were evicted.
The court found that the appellants did not attempt to join, as respondents, two parties, including a trust controlling the wildlife business undertaking, which had a direct interest in the disputed land. The appellants argued that a trust is not a juristic person, but the court found that legal proceedings can be brought by and against a trust. It was also established that before they moved onto the land the appellants had already been removed from that land and were aware that their right to occupy the land was disputed. Based on the court’s findings and failure to comply with the rules in the filing of heads of argument, the appeal was dismissed[kb1].
This matter originated from an application where the respondents were required to show cause why a final interdict should not be issued against them, to prohibit them from damaging the applicant's wattle forest and timber at the old Nkoyoyo quarry site.
In a series of events, the applicant requested for postponement of the hearing and later filed a notice of withdrawal and prayed for costs. The respondents prayed that the matter be dismissed with costs.
The court considered whether the withdrawal was proper in terms of rule 41 (1)(a) of the High Court Rules that required withdrawal by consent of the parties or leave of the court. The court found the withdrawal to be invalid since the applicant was not compliant with the rules.
The court considered whether the withdrawal application had any merit. The court held that the respondent had proved that the applicant had no right in the land, as per s 94 of the constitution, s 3 of the Safe Guarding of Swazi Areas Act of 1910 and s 2 of the Contract by Swazi Chief Act of 1924.
Consequently, the applicant failed to prove the requirements for an interim interdict and court found him to be in abuse of court process by seeking commercial advantage through the court.
Accordingly, the application was dismissed, and the applicant was ordered to pay punitive damages for abusing court process.
This case interpreted the concept of urgency and interim relief pending the outcome of litigation in issues concerning an exclusive license to harvest and process wild mushrooms, according to the 1973 Wild Mushroom Control Order.
The respondents appeared in court pursuant to a rule nisi (an order to show cause) why they should not be interdicted from stopping the applicant from taking and processing wild mushrooms from Usutu Forest.
The court considered whether the application should be dismissed since the applicants had procured the urgency and interdict by failing to disclose material facts. The court found that there was no immediate urgency since the companies had been in discussion for a long time. It also found that the respondents were not given sufficient time to respond to the application.
The court interpreted the provisions of s. 4(1) of the order and held that the applicant’s license did not authorize intrusion into the respondent’s land without consent. Consequently, the applicants’ submissions were unsound and they had abused court’s processes.
The court held that the effect of an interim interdict was not to determine eventual rights of the parties. It found that the interdict placed an obligation on the respondents that was contrary to its rights and the respondent was entitled to costs thereof.
Accordingly, the application was dismissed.