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 matter dealt with an appeal against the decision of the High Court to remit the decision of a board, regarding the appellant’s submission to build below the control flood line, back to that board for determination.
The main issues for consideration were: whether the lower court had set aside the initial decision of the board; whether the court should have determined the matter on the merits; and whether the board had authority to grant permission or not, without any proof of pollution.
The appellant had argued that the matter should not have been remitted back to the board but determined on its merits and further that the court should have ordered costs to the appellant, as the decision was made in its favour.
The court established that it was clear from a reading of the judgment in its entirety that the intention of the lower court had been to set aside the decision of the board. The court held further that the lower court was right in refusing to determine the matter when the evidence revealed that a decision was taken by the Chief Executive Officer alone and not the board. The court concluded that since no decision had been taken by the board as required, it would have to determine whether permission should be granted and whether there was any danger of pollution.
Accordingly, the court dismissed the appeal but ordered the first respondent to bear the appellant’s costs in the matter before the lower court.
The matter dealt with an appeal against the decision of the High Court to set aside a magistrate’s grant of an interdict to the appellant. The High Court held that the magistrate had no jurisdiction to grant the interdict in exercise of its powers under s 30(1) of the Magistrates’ Courts Act 32 of 1944 because s 29(1)(g) sets a monetary limit on the value of the matter in dispute.
The court considered whether the jurisdiction of the magistrate was excluded due to the limit on the monetary value of the matter in dispute in accordance with the act.
The court established that the matter before the magistrate court related not to the value of the business but to the unlawful activities that the appellant claimed amounted to nuisance. The court found that the respondents had not complied with the requirements for the use of their land including the submission of an environmental and health assessment report and that their activities affected the appellant adversely. The court held that the respondent had not proved that the cost of abating the nuisance was beyond the jurisdiction of the magistrate.
The court concluded that in the circumstances, the magistrate had the jurisdiction to grant an interdict. In conclusion, the court set aside the order of the High Court and replaced it with an order that the appeal to that court be dismissed with costs.
Accordingly, the court upheld the appeal with costs and ordered that the decision of the magistrate be reinstated.