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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In this case the appellant challenged the first respondent’s decision to grant the second and third respondents an Environmental Impact Assessment (EIA) license for the construction of a church and related facilities. The second and third respondents raised an objection to the tribunal’s right to hear the matter on the ground that the appeal had been filed outside the timelines set out in the Environmental Management and Coordination Act 1999 (EMCA) as well as the National Environmental Tribunal Procedure Rules, 2003
The main issue for the tribunal’s consideration was whether it had jurisdiction to entertain an appeal which had been filed out of time. The tribunal relied on the rule established in Owners of the Motor Vessel “Lilian S” vs. Caltex Oil (Kenya) Limited that jurisdiction must be acquired before judgment is given. It also relied on s129(1) of the EMCA and held that the act was clear that an appeal ought to have been filed within 60 days but the evidence revealed that the appellants had filed their appeal after 78 days.
Accordingly, the tribunal found that it lacked jurisdiction to determine the matter, as the appeal was filed out of time and the appeal was dismissed.