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
At the heart of this dispute was a farmers’ association, the applicant in this case, and its use of land in the Nkambeni Area. The association was formed, with the chief’s consent after he was assured that the community unanimously supported the project to turn their land into commercial property. The dispute initially arose because the second respondent was denied membership of the association because his younger brother was already representing their family. This offended the second respondent who considered himself to be the legitimate representative. The dispute mutated and the respondents alleged that the chief deprived them of their fields without consent. The court considered whether there had been unlawful deprivation.
Previously, the dispute was taken to traditional structures for resolution and ultimately was referred to the Swazi National Council where the King rendered a judgement. The applicant and respondents disagreed about the contents and effect of this judgement. The applicants stated that the association was given permission to pursue its activities and the respondents invited to apply for alternative land. On the other hand, the respondents claimed that traditional structures and the regional administrator ruled in their favour before the Swazi National Council was approached and that the latter declined to give a ruling on the matter.
After considering evidence and witness testimony, the court found that the applicant’s evidence was cogent and consistent while the respondents’ evidence was unsatisfactory and contradictory. Consequently, the application was granted.
The applicant prayed to the High Court to grant an interim interdict and set aside a previous default judgement. The first respondent had applied for and been granted damages amounting to E65,0000.00 for damages caused by blasting by employees of Grinaker LTA Civil Engineering (Pty) Ltd. At the heart of this dispute laid the fact that Grinaker LTA Civil Engineering (Pty) Ltd did not exist.
Confusing the applicant with Ginaker LTA (Pty), one of its former names, the second respondent attempted to attach the applicant’s assets at the applicant’s place of business. The applicants informed the first respondent that the company they had sued did not exist by supplying proof in regard thereto. The first respondent did not, however, amend its summons and the second respondent again attempted to attach the applicant’s assets.
The applicant further noted that it and Consolidated Contractors International Company S.A.L. were partners in a joint venture entered into an agreement with the third respondent, the Government of Swaziland. The contract identified the joint venture as contractor and the third respondent as employer. Relying on provision in the Federation Internationale des Ingenieurs-Conseils, the applicant argued that the employer shall indemnify the contractor against all claims in respect of the unavoidable result of the execution and completion of the works.
The applicant, therefore, argued that the respondents should have addressed the summons properly to Grinaker LTA (Ltd), Aveng (Africa) Ltd (successor) and the Swaziland Government (indemnifier).
The court agreed with the applicant’s arguments and granted the application.