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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Mclaren Ian N.O and 3 others v Municipal Council of Windhoek and 2 Others (SA 33/2016) [2018] NASC 1 (17 January 2018); 
Administrative Review Administrative Law Judicial Review Appeals and reviews Civil Procedure Environmental duties Concepts and principles Environmental law EL IndexThis was an appeal by a company and its liquidators against the decision of the lower court to dismiss their claim for the validity of a lease. The appellants claimed in the alternative that the decision of the respondent, the Municipal Council of Windhoek (“the council”) be reviewed and set aside.
The main issues to be determined were, whether the council had validly cancelled the lease prior to the liquidators’ election to continue with it and whether the decision of the council was open to review by the court.
The respondent contended that the cancellation was caused by the appellants’ breach of a term of the contract, by discontinuance of its textile industry. The respondent further contended that the appellants breached another term regarding sound environmental practices.
The court found that the respondent’s decision to terminate the lease was solely contractual and not administrative. On this basis therefore, the court held that the decision was not open to review on administrative law grounds.
Firstly, the court held that financial failure of a company, leading to liquidation, could not terminate a lease. Secondly, that the council failed to establish what the terms for an environmental friendly textile industry were. In conclusion, the court held that the company had in fact given notice to terminate the lease and that the notice was accepted by the respondent. Consequently, the lease had then ceased to exist.
Accordingly, the court dismissed the appeal with costs.
Namibian Marine Phosphate (Proprietary) Limited v Minister of Environment and Tourism and Others (CA 119/2016) [2018] NAHCMD 122 (11 May 2018); EL Index Locus standi in environmental litigation Litigation of environmental issues Environmental law Natural Justice Constitutional Law Administrative Action Administrative Law Procedural Fairness Justice and fairness Civil ProcedureStatutory Appeal - Section 51(1) of the Environmental Management Act, 7 of 2007 - on points of law only - Meaning - Whether grounds of appeal are based on points of law.
Constitutional law — Fundamental rights — Administrative justice —Failure to invite one of the parties to a dispute to the appeal hearing— fundamentally unfair hearing — Violation of arts 12 and 18 of Constitution.
Kambazembi Guest Farm cc t/a Waterberg Wilderness v Ministry of Lands and Resettlements (CASE NO: SA 74/2016) [2018] NASC 399 (27 July 2018); Constitutional Interpretation Constitutional Law Public interest in environment Environmental decision-making Environmental law EL IndexThis was an appeal against the High Court’s decision that declared the land tax imposed under ss 76 to 80 of the Agricultural (Commercial) Land Reform Act as constitutional.
The court determined whether s 76 contravened the constitutional principal of separation of powers which gives the National Assembly power to provide for revenue and taxation.
The appellant contended that the law in question went against separation of powers by devolving legislative power to a minister.
The court held that s 76 did not conflict with the constitutional principles of separation powers as the power of the National Assembly had been exercised by the stipulation of a tax as authorised by the Constitution. The court found that the only role of the minister was to set a rate according to a procedure set out in the regulations. The court stated further that in any event, this rate was subject to the approval of the National Assembly and as such, no independent power was vested in the minister.
The court noted that the regulations that were challenged set out how the land was to be administered. The court held that the appellant’s claim lacked sufficient particularity required for pleadings in constitutional litigation.
Accordingly, the court held that the appellant had failed to establish how these regulations contravened constitutional provisions and dismissed the appeal. The court also dismissed the appellant’s prayer with no order as to costs.
Fish Orange Mining Consortium (Pty) Ltd v!Goaseb and Others (CASE NO: I 582/2010) NAHCMD 154 (08 June 2018); EL Index Procedural Fairness Justice and fairness Civil Procedure Minerals, oil and gas Minerals and energy Environmental lawCivil Procedure – application for absolution from the instance – Rules of Court - Rule 100 – principles governing the application discussed – requirement for absolution from the instance - whether or not the plaintiff set out a prima facie case – Law of Evidence - whether failure to examine an expert who has filed his report results in the court attaching no value to the expert report – commercial value attached to the Exclusive Prospecting Licence – court’s discretion on how the value of the EPL License is computed.
Agnes Kahimbi Kashela v Katima Mulilo Town Council and Others (SA 15/2017) [2018] NASC 409 (16 November 2018); Judicial Review Appeals and reviews Civil Procedure Constitutional Interpretation Constitutional Law African customary law and rights of indigenous peoples Human and environmental rights Environmental law EL IndexThis was an appeal against a decision of the High Court to dismiss the appellant’s claim for loss of occupation of communal land. Her second claim was that the land was unlawfully expropriated without compensation by the respondents.
The court determined whether or not the appellant had acquired a valid customary law tenure right in the land in dispute and whether this right was unlawfully interfered with. Further, whether any liability attached to the council arising from its interference with that right.
The first respondent (“the council”), contended that the land belonged to it and had ceased to be communal land thus extinguishing communal land tenure. The court found that the appellant acquired and held a customary land tenure right and the state’s succession to the communal land did not extinguish communal land tenure but the state simply held the land in trust for the affected communities.
The court established that the Constitution guaranteed the enforcement of customary land rights. The court therefore, concluded that the appellant had an exclusive right to the use and occupation of the land in dispute; and that the right attached to the land even after its proclamation as town land.
Accordingly, they court upheld the appeal with costs in favour of the appellant. The matter was remitted to the High Court for the adjudication of the appellant’s claim of unjust enrichment and compensation.
Luxury Investments One Hundred and Ninety Two (Pty) and Another v Koujo and Others (HC-MD-CIV-MOT-REV-2017/00411) [2018] NAHCMD 390 (28 November 2018); EL Index Procedural Fairness Justice and fairness Civil Procedure Minerals, oil and gas Minerals and energy Environmental lawPractice – Judgments and orders – Application for stay of execution of judgment pending appeal to Supreme Court – Court having jurisdiction to determine matter in terms of its inherent jurisdiction where dictates of real and substantial justice required it.
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