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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Toro Diamonds Lesotho (Pty) Ltd and Another v Namakwa Diamonds Ltd and Others (CCA/21/2011) [2011] LSHC 103 (30 November 2011); 
EL Index Minerals, oil and gas Minerals and energy Environmental law Declaratory Relief Civil RemediesThe matter dealt with a claim by the appellants for an equal portion of shares in the 2nd respondent (a company).
The background to the case is that the 1st applicant and 1st respondent entered into an agreement to pursue a joint mining venture. The parties signed an MOU which stated that they would hold shares in the 2nd respondent. The applicants contended that the MOU implied that they would hold 50 per cent shares in the 2nd respondent.
The court considered the interpretation of the words in the MOU. The court gave the words their ordinary and natural meaning. It was concluded that in the absence of the usual qualifying or quantifying words, the natural and proper conclusion was that, at the time of signing the M0U, the 1st applicant and 1st respondent had not agreed as to the exact percentages of their respective holdings.
The court dismissed the application with costs to the respondents.
Selebalo v Starllion Security (LC /15/10) [2011] LSLC 1 (25 August 2011); EL Index Judicial Review Appeals and reviews Civil Procedure Procedural Fairness Justice and fairness Civil Procedure Administrative Review Administrative Law |
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