Greening the Judiciary
DOI:
https://doi.org/10.17159/1727-3781/2006/v9i3a2826Abstract
This note considers the performance of the South African courts in deciding environmental cases and suggests that, notwithstanding some good decisions, there are still too many decisions where the courts are not applying relevant legislative provisions or misinterpreting the law. It is suggested that the future acceptable performance of the courts not only rests on correct interpretation and application of the legislation, but also increased familiarity by judges with the technical environmental context within which the cases are situated. The role of legal practitioners in achieving this is also highlighted.
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Kidd 2001 SAJELP
Kidd M ―The Constitutional Court’s Dilution of NEMA: Minister of Public
Works and Others v Kyalami Ridge Environmental Association and
Another" 2001 South African Journal of Environmental Law and Policy 119127
Register of legislation
Atmospheric Pollution Prevention Act 45 of 1965
Environment Conservation Act 73 of 1989
National Environmental Management Act 107 of 1998
Promotion of Administrative Justice Act 3 of 2000
Register of cases
All the Best Trading CC t/a Parkville Motors and Others v SN Nayagar Property Development and Construction CC and Others 2005 3 SA 396 (T)
Bareki NO and Another v Gencor Ltd and Others 2006 1 SA 432 (T)
Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others 2004 (4) SA 490 (CC)
BP Southern Africa (Pty) Ltd v MEC for Agriculture, Conservation, Environment and Land Affairs 2004 5 SA 124 (T)
Capital Park Motors CC and Another v Shell South Africa Marketing (Pty) Ltd Unreported case no 3016/05 (T)
Director: Mineral Development, Gauteng Region and Sasol Mining (Pty) Ltd v
Save the Vaal Environment and Others 199 2 SA 709 (SCA)
Earthlife Africa (Cape Town) v Director-General: Department of Environmental
Affairs and Tourism and Another 2005 3 SA 156 (C)
Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and others 2004 2 SA 393 (E)
Lloyd and Others v The Premier, Eastern Cape Province and Others
Unreported case no 333/2004 (E)
MEC for Agriculture, Conservation, Environment and Land Affairs v Sasol Oil
(Pty) Ltd and Another Unreported case no 368/04 (SCA)
Merebank Environmental Action Committee v Executive Member of KwaZulu-
Natal Council for Agricultural and Environmental Affairs and others
Unreported case no 2691/01 D
Minister of Public Works and Others v Kyalami Ridge Environmental
Association and Another 2001 3 SA 1151 (CC)
Rapanos v United States 547 US (2006)
Sasol Oil (Pty) Ltd and Another v Metcalfe NO 2004 5 SA 161 (W)
South Durban Community Environmental Alliance v Head of Department:
Department of Agriculture and Environmental Affairs, KwaZulu-Natal and Others 2003 6 SA 631 (D)
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Copyright (c) 2017 M Kidd
This work is licensed under a Creative Commons Attribution 4.0 International License.
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