Cameron Cross Inc.
Specialising in Environmental, Health and Safety Law |
Nov 21, 2009 - 04:15 AM |
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Judgement was recently handed[1] down in the Supreme Court of Appeal case of the City of Johannesburg Metropolitan Municipality vs. the Gauteng Development Tribunal and Others.
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In the matter of Joubert & Others v Maranda Mining Company, the Supreme Court of Appeal ("SCA") was asked to consider judgement by the North Gauteng High Court of 11 April 2009 in which the appellants were interdicted and restrained from refusing Maranda Mining access to a mining right area in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 ("MPRDA").
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Judgment was handed down in the Supreme Court of Appeal (SCA) on 11 September 2009 in the Nature's Choice Properties (Alrode) (Pty) Ltd vs the Ekurhuleni Metropolitan Municipality matter. The SCA held that the Municipality misconstrued its discretion in terms of the Smoke Control Regulations promulgated in terms of section 18 of the Atmospheric Pollution Prevention Act, 45 of 1965. The SCA upheld the appeal and set aside the interdict and order to remove the boiler installed by Nature's Choice which was initially granted by the Court a quo in favour of the Municipality.
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A recurring feature of South Africa's national environmental management legislation is the delegation of lawmaking powers to the Minister (including the possibility for further delegation to Provincial Ministers). Such delegated lawmaking powers enables the Minister to give effect to and to flesh out the original legislation and are a common and expected feature of primary legislation (also known as enabling or original legislation).
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The long awaited judgment in the matter of the trustees for the time being of the Biowatch Trust ("Biowatch") vs. The Registrar: Genetic Resources & Others was handed down in the Constitutional Court on 3 June 2009. Judge Sachs set aside certain costs orders awarded against Biowatch in the lower courts as more fully set out hereunder.
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Cameron Cross Inc. as well as both its directors have been rated as "Highly Recommended" in the field of Environmental Law in South Africa by PLC. PLC is the UK's pre-eminent provider of legal know-how, transactional analysis and market intelligence for business lawyers.
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