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 was an appeal to the Supreme Court on a judgment of the High Court which had dismissed an application for the review and setting aside of a decision by the respondent to refuse the importation of Mountain Reedbuck from South Africa into Namibia.
The appellant cited the respondent, pursuant to his duties, powers and functions as set out in the Nature Conservation Ordinance No. 4 of 1975. The appellant placed particular emphasis on his duty to consider and decide on the importation of live game from South Africa in accordance with Section 49(1) of the ordinance as amended by Section 12 of Act 5 of 1996. The evidence revealed that the decision to refuse the import of Mountain Reedbuck was made by a subordinate official who was not authorised to do so and based on a new policy which had not been communicated to the appellant.
The court found out that this issue hinged on the confusion surrounding the parties involved, the reasons for the refusal and the failure of the respondent to abide by Rule 53 of the Rules of the High Court and Article 18 of the Namibian Constitution linked to administrative justice and the doctrine of “reasonable expectation”. The court held that the subordinate official acting on behalf of the respondent did not have the authority to make the decision which was set aside. Accordingly, the appeal succeeded, and the court directed the respondent to issue the permits applied for and pay the appellant’s costs.