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 applicants sought an urgent interdict preventing the respondents from demolishing homes in the Mangwaneni, Manzana and Makholokholo, through which the new construction of the New Mbabane Bypass road was carried out.
First, the court had to consider whether the matter was urgent and held that applicants needed to prove the matter’s urgency. The court found that the applicants had shown the urgency of the matter in their founding affidavit.
Second, the respondents argued that the application did not adequately describe the ninth applicant and that it could therefore not be admitted. Considering existing jurisprudence, the court held that a relaxed approach should be taken on the issue to not inhibit public interest litigation. Consequently, the court condoned the citation of the parties.
Finally, the respondents argued that the applicants did not fulfill the conditions for an urgent interdict because they could seek compensation from the committee responsible for compensating resettled people. The applicants claimed that the committee no longer existed. Thus, the court had to consider whether the committee responsible for compensating the people who had been resettled by the project was still active. Given this situation, the court decided to postpone the matter, ordering the applicants to submit their claims to the secretary of the committee within seven days and ordering the committee to address these claims within 21 days. The secretary of the committee was also ordered to submit a report to the court. The court postponed all outstanding matters until then.
This was a ruling on an application to file a supplementary affidavit that would be admitted by the court as part of the applicant’s case.
The respondents argued that applicants could not rely on the said supplementary affidavit since they failed to join the authority (Director of Swaziland Environmental Authority) as a party to the proceedings. The court noted that one of the respondents was yet to make an application on the non-joinder of the authority.
The court held that admitting the supplementary affidavit before arguments on the non-joinder would prejudice the respondents. The correct approach would be to allow the respondents to argue the non-joinder and the applicants could then bring the supplementary affidavit in their replies.
The court concluded that the application for the filing of the supplementary affidavit be suspended until the applicants responded to the points of law.
No order of costs was granted.