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
The matter dealt with an appeal against the decision of the High Court to issue an interdict restraining the appellant, from utilising a coal boiler at its factory and the removal of the boiler within 30 days. The respondent had claimed in the lower court that the appellant had erected a coal fired boiler on the property in contravention of regulation 3 of its Smoke Control regulations under s 18 of the Atmospheric Pollution Prevention Act 45 of 1965.
The court considered whether the decision of the High Court to restrain the appellant from using the boiler and the subsequent order for its removal was lawful. The court found that the appellant had installed the boiler without submitting plans or specifications to the respondent as required by the regulations. However, the court established that upon giving the appellant the opportunity to submit its plans, the respondent rejected the appellant’s application on account of the type of boiler that the appellant sought to erect and not smoke emissions as envisaged by s 15(1) of the act. The Court applied the rule in Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA) and stated that the facts of this case did not fall within the scope of that decision.
The court held that the respondent did not stay within the boundaries of the act and constraints of the Constitution and this was unlawful. Accordingly, the court upheld the appeal with costs.
This case concerned a dispute over the applicant’s land which became the subject of a mining permit held by the respondent. The applicants sought an interdict from the High Court to suspend all of the respondent’s mining activities. They contended that these activities would cause environmental harm and have negative effects on their business. The respondents argued that by failing to seek suspension of the permit timeously, the applicants exacerbated difficulties for both parties.
The court considered whether the matter was one of urgency and whether the applicants were entitled to the interdict sought. Although the court agreed with the respondent’s observations regarding the failings of the applicants, it held that both parties had an interest in certainty and therefore, took a liberal approach to consider the matter as urgent, noting that this would not prejudice either party.
The court did not find sufficient merit in the grounds for an interdict. The court held that the applicants needed to establish not only a prima facie right, but to show that they would suffer irreparable harm if the relief was not granted. The applicant, however, failed to demonstrate that irreparable harm would ensue if the interdict was not granted.
Consequently, the court did not grant the temporary interdict.
The court also refused to review the administrative decision to grant the respondent a mining permit. It held that the applicant needed to first exhaust all other possible remedies, which it did not do. Accordingly, the court refused the application for review.
This application sought a review of regulations requiring a 24-month period for lions to be fending for themselves in an extensive wildlife system before the lion would be hunted (self-sustaining provisions).
The court accepted a request by both parties to determine the validity of the regulations as if they were applicable to lions regardless of the omission of lions in the 2008 amendment.
It was also found that the applicantÕs argument that the predator breederÕs industry should be represented on the scientific authority was not a ground for review.
The court considered whether the Promotion of Administrative Justice Act of 2000 (PAJA) was applicable to the making of regulations and held that regulations are administrative actions according to PAJA.
Secondly, the court considered whether sufficient opportunity was provided for the applicant to make representations to the panel. The court considered s3(5) and s4(1)(d) of PAJA that allows a procedure that is fair but different from PAJA provisions. The court accepted that in some instances procedural fairness requires provision of a further opportunity to make representations. The court found that the respondent acted fairly and had no way of knowing the applicantÕs attitude on the self-sustaining provision since they considered the applicantÕs letter of 2006 and the applicantÕs opposing letter of 2007 was received after announcement of the regulations.
Thirdly, the court considered whether there was a rational basis for the self-sustaining provisions. The court appreciated the fact that the hunting of lions bred in captivity has damaged the reputation of the country and the principle of fair chase. It was held that the provisions were rational since they would prevent the hunting of lions that are completely dependent on humans. Consequently, the court also held that the provisions were reasonable.
Accordingly, the application was dismissed with costs.
This was an appeal to the Constitutional Court against the decision of the Supreme Court to uphold the unlawfulness of the water meters under operation “Gcin’amanzi”, a project addressing water losses and non-payment of water services in Soweto. This was done by installing pre-paid meters to charge consumers for use of water in excess of the free 6 kilolitre per household monthly water allowance. With access to water being a constitutionally guaranteed right, the Supreme Court ordered that the applicants supply residents with at least 60litres of water, hence quantifying what “sufficient water” as given in the Constitution.
The court in this matter had to deliberate on what the meaning of “sufficient water” was as required by the Constitution and the lawfulness of the pre-paid water meters.
The Constitutional Court found that it was not appropriate for a court to give a quantified content to what constitutes “sufficient water” because this would be best addressed by the government which pegged it. Further, given that, 80 percent of the households in the City would receive adequate water under the present policy, the Court concluded that it would not have been unreasonable for the City not to have supplied more.
With regard to the pre-paid water meters, the Court held that the national legislation and the City’s own by-laws authorised the local authority to introduce pre-paid water meters as part of Operation Gcin’amanzi. Accordingly, it held that the installation of the meters was neither unfair nor discriminatory.