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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Sharwood NO and Others v Transnet Ltd t/a National Ports Authority of South frica and Others (1038/2011) [2012] ZAECPEHC 61; (06 September 2012); 
EL Index Judicial Review Appeals and reviews Civil Procedure Declaratory Relief Civil Remedies Marine species and fisheries Flora and fauna Environmental lawThis was a judicial review against a decision by the Minister of Environmental affairs approving a flawed strategic plan to show commitment for the establishment of a seabird and marine mammal rehabilitation centre. The applicant sought a declaratory order that the first and second respondents failed to adhere to the Revised Record of Decision (ROD).
The origin of the case was an administrative appeal by South African Marine Rehabilitation and Education Trust (Samrec) faulting a specific condition in the ROD for not placing any obligation on stakeholders whose operations were likely to affect the marine life of Algoa Bay. Samrec proposed amendments that were rejected.
The ROD was amended to require the stakeholders to submit a strategic plan indicating their commitment to facilitating the establishment of the rehabilitation centre. Samrec faulted this amendment, arguing that the obligation created was not sufficient.
The minister maintained that the first and second respondents were compliant and her department bore the responsibility for environmental protection and oil spillage damage, but considered it necessary to have her views placed before court.
The court applied the rule that it should be slow to substitute or vary an administrative decision since an administrative body is better equipped and has the expertise to make the right decisions than the court, unless court has to step in to ensure fairness. The court held that this was not such a case.
Accordingly, the application was dismissed and each party was ordered to bear its own costs.
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