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
The matter dealt with a delay by the respondents to issue a permit for the import into Namibia of elephants published in Government Gazette No. 4236, Notice 60, dated 1 April 2009.
The court considered whether the delay was ultra vires the provisions of the Nature Conservation Ordinance No. 4 of 1975. The respondents conceded that the moratorium was ultra vires the ordinance and accordingly, the court agreed with their concession.
The court considered further, whether it should make an order directing the second respondent to issue the required permit to the applicant. The principle to be applied in the circumstances was that the court had discretion once it set aside an administrative decision to take the decision itself and this discretion was to be exercised judicially. The court observed that the second respondent had not yet decided whether to grant or deny the application and that the second respondent was better positioned to decide because it was privy to factual material which the court was not. Accordingly, the court held that it could not order the second respondent to issue the permit to the applicant.
The court considered whether the applicant and second respondent entered into a valid agreement. The test to be applied was to inspect the intention of the parties. The court concluded that whilst the applicant and second respondent had discussed and agreed upon some conditions, those were not intended to be the only conditions. Accordingly, the court held that no valid agreement was concluded.