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
Joseph Leboo & 2 others v Director Kenya Forest Services & another [2013] eKLR (Environment and Land 273 of 2013); (01 October 2013); 
Injunction Injuctions and interdicts Civil Remedies Sustainable development Concepts and principles Environmental law Public interest in environment Environmental decision-making Environmental law Public participation Human and environmental rights Environmental law Locus standi in environmental litigation Litigation of environmental issues Environmental law EL IndexThis was an application for an injunction order by the plaintiffs to restrain the defendants from harvesting trees without consulting and involving the community. The court had to decide on the following: whether a community that was a beneficiary of a forest had capacity to commence proceedings against the illegal and irregular harvesting of timber and fuel wood materials from the forest; whether public participation was mandatory in the management of forests; and whether the Director of Kenya Forest Service (KFS), the first defendant, could be sued in their capacity as a director.
The court held that there were no provisions in law which barred any suit against the first defendant in that capacity. The court observed that the community had an interest in the preservation and sustainable use of the forest. As such, public participation was an important component of environmental management as enshrined in the constitution. However, the court pointed out that there was no public participation that was demonstrated by the respondents. On the lack of a management plan by the KFS, the court held that it was difficult to know when a tree was planted or harvested, thus creating difficulty to prove which trees were to be cut. The court held that the balance of convenience weighed in favour of the applicants because environmental interests far-outweighed private interests.
Accordingly, the court ordered the respondents to stop harvesting trees, pending the hearing of the suit.
Space Securitisation (Pty) Ltd v Trans Caledon Tunnel Authority and Others (13852/2013) [2013] ZAGPJHC 228; (03 September 2013); EL Index Public interest in environment Environmental decision-making Environmental law Injunctions and interdicts Civil Remedies Public participation Human and environmental rights Environmental law Environmental impact and risk assessment Environmental decision-making Environmental lawThe court considered whether an interim interdict could be granted to stop short-term remedial measures which were put in place to treat acid mine drainage (AMD).
To determine whether to grant the interim interdict, the date on which the ECL would be reached was critical. The court found that pursuant to the date being determined, the court was to apply the precautionary principle, which requires authorities to insist on adequate measures to safeguard against the contamination of underground water.
The court found that the ECL could not be determined and based on the short-term project, the greater the danger and consequences of untreated AMD is averted.
Application dismissed.
Escarpment Environment Protection Group and Another v Department of Water Affairs and Others, In Re; Escarpment Environment Protection Group and Another v Department of Water Affairs and Others, In Re; Escarpment Environment Protection Group and Another v EL Index Judicial Review Appeals and reviews Civil Procedure Locus standi in environmental litigation Litigation of environmental issues Environmental law Public interest in environment Environmental decision-making Environmental law Public participation Human and environmental rights Environmental law Administrative Review Administrative Law Constitutional Supremacy Constitutional Law
Shalli v Attorney – General and Another (POCA 9/2011) [2013] NAHCMD 5 (16 January 2013); HR Index Have his cause heard (fair trial) Substantive rights Human Rights Dignity and honour and reputation Substantive rights Human Rights EL Index Judicial Review Appeals and reviews Civil Procedure Public interest in environment Environmental decision-making Environmental law Access to environmental information Human and environmental rights Environmental law Constitutional Interpretation Constitutional Law |
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