Legal Articles and Guides
AgriSA and Moolman & Pienaar Attorneys – acting for farmers in some of the major exploration applications – have welcomed a victory in the anti-fracking fight after a US-linked petroleum firm withdrew its application to explore for oil and gas on KZN farms.
The SCA ruled yesterday that the Minister of Mineral Resources did not have the power to make regulations for petroleum exploration and production, effectively halting the exploration of shale gas through the use of hydraulic fracturing (fracking).
The Centre for Environmental Rights (CER) is considering legal action to compel the government to hold water-polluting coal miners in Mpumalanga to account.
The African Development Bank (AfDB) is under pressure from environmental lobby groups to withdraw support for the Grand Inga hydropower project in the Democratic Republic of Congo, says a Business Day report.
The owner of Tierhoek Boerdery in Clanwilliam has been slapped with a R3.5m fine for unlawful water activities. A Cape Times report says the farmer was found guilty in the Clanwilliam Regional Court of 11 criminal charges – six related to water, and five to environmental transgressions.
BP South Africa, convicted of environmental crimes in a private prosecution, and the Uzani Environmental Advocacy have been instructed by the Gauteng High Court (Johannesburg) to make representations regarding sentencing in the matter by 1 November.
The company behind the V&A Waterfront desalination plant has started legal proceedings against the City of Cape Town, following months of negotiations over contractual disputes, says a News24 report.
In a landmark case, environmental activists have launched legal action against the government over its alleged poor progress in cleaning up air pollution in the Mpumalanga highveld. GroundWork and the Vukani Environmental Justice Movement in Action, represented by the Centre for Environmental Rights (CER), are demanding that the government clean up the air in the highly-polluted area, notes BusinessLIVE.
Environmental activists are concerned that an SCA judgment on Friday may pave the way for fracking across 5 500 farms, a vast tract of nearly two million hectares of arable land in northern KZN. According to a Sunday Times report, the court overturned a Western Cape High Court ruling that interdicted Texas-based Rhino Oil and Gas from moving ahead with aerial exploration on thousands of farms.
Talks this week between the national environmental authorities and the well-known Watson family of the Eastern Cape could prove crucial as to whether, and how, the family’s contentious Inyanda-Roodeplaat wind farm project is developed.
The Carbon Tax Act, which comes into effect on 1 June, will give effect to the polluter-pays principle, says a Cape Times report.
The prosecution of Aurora directors is expected to get under way at the Springs Magistrate's Court on Tuesday ‘for environmental and water transgressions at the failed Grootvlei mine near Springs in the Upper Vaal Management Area’, says the Organisation Undoing Tax Abuse (Outa).
The City of Cape Town has welcomed the Gauteng High Court (Pretoria) setting a date to hear its petition to buy electricity directly from independent power producers (IPPs). The city wants the Energy Minister and the National Energy Regulator (Nersa) to allow it to purchase power from IPPs.
The provincial government will not allow the Magwa and Majola Tea estates to be liquidated, says acting head of the Rural Development & Agrarian Reform Department Zoleka Makina. Makina said the government had sunk R116m into the business rescue process of the two projects in the past three years and had no intention of throwing in the towel now, notes a Daily Dispatch report.
For more than a decade Free State dairy farmer Petrus Willem Terblanche battled the Minister of Water & Environmental Affairs in a test case that continued even after his death. But now, two years after his death, he has lost.