Legal Articles and Guides
In declaring the nuclear procurement processes to be unlawful, the Western Cape High Court fired yet another warning to government about the irrational use of public power, notes Legalbrief. What the government argued was a decision based on ‘executive policy’, Judge Lee Bosalek, with Judge Elizabeth Baartman concurring, ruled was in fact ‘irrational and unreasonable’ because it ignored the public interest by skirting the requirement for a ‘rational and fair decision-making process’.
The Western Cape High Court has ordered that a full public participation process will have to take place to determine whether tree felling at Tokai Forest will resume, says a Cape Argus report. Judge Patrick Gamble’s ruling follows the battles between community-based organisation Parkscape against SA National Parks (SanParks) and Mountain To Ocean (MTO). Parkscape has been lobbying for trees and shade in the area.
The legal challenge mounted by two environmental NGOs to the nuclear deal with Russia – estimated to cost R1trn – which is under way in the Western Cape High Court, has been termed one of the most significant state capture court cases SA has yet seen, according to a Daily Maverick report. The two NGOs, Earthlife Africa and the Southern African Faith Communities’ Environment Institute, are squaring up against Energy Minister Tina Joemat-Pettersson’s pursuit of 9 600 megawatts of nuclear power.
The government is investigating a ‘suspicious’ emergency contract to process and market the state’s stockpile of confiscated abalone – about 90 tons worth R60m – awarded to a previously unheard-of company, says a Sunday Times report. Minister of Agriculture, Forestry and Fisheries Senzeni Zokwana reportedly told the newspaper he had suspended the contract after allegations of tender irregularities in the appointment last month of Johannesburg-based Willjarro.
There will be no felling of pine trees in lower Tokai until at least the first quarter of next year after judgment was held over in the Western Cape High Court, notes a Cape Argus report. Judge Pat Gamble, who heard the case brought by Parkscape against forestry company Mountains to Oceans (MTO) and SA National Parks (SANParks), claiming they had contravened the Tokai Cecilia Management Framework, said judgment would only be expected next year as he had other matters to attend to.
A majority ruling of the Constitutional Court yesterday said the Merafong Local Municipality in Gauteng should have approached the courts to challenge a decision by then Minister of Water Affairs Buyelwa Sonjica forbidding it to levy a surcharge on water supplied to mines under its jurisdiction. Merafong municipality had approached the Constitutional Court to be allowed to levy a surcharge on water used by mines under its jurisdiction, says a TimesLIVE report.
The felling of pine trees in Tokai Forest has been halted, thanks to an order granted in the Western Cape High Court, says a Weekend Argus report. The interim interdict, signed off by Judge Lee Bozalek, was granted after urban parks safety association Parkscape, MTO Forestry and SANParks agreed to suspend the felling process until court proceedings next month.
The case involving an alleged abalone syndicate resumed in the Port Elizabeth Magistrate's Court last week. A report in The Citizen notes that Port Elizabeth businessman Morne Blignault, who is believed to be the kingpin behind the multimillion-rand operation, appeared briefly in court alongside six co-accused, two of whom are Chinese nationals, Huang Zhenyong and Kekun Pan. Blignaultâ€™s ex-wife Marshelle, who is also implicated in the case, has been released on bail of R20 000.
A nature conservation authorityâ€™s right to police â€˜buffer zonesâ€™ around parks was confirmed in a ground-breaking decision last week, says a Sunday Tribune report. The iSimangaliso Wetland Park Authority objected to a developer building holiday homes on a buffer zone on the banks of Mgoboseleni Lake because it did not have necessary permission for building in that area.
The scope and magnitude of the proposed class actions envisaged in Nkala v Harmony Gold is unprecedented in SA; it will traverse novel and complex issues of fact and law, and help the development of class action law. This is the view of Werksmans Attorneysâ€™ Monique Pansegrouw, in an analysis in Business Day, in which she examines the Gauteng High Court (Johannesburg) judgment handed down in May in Nkala and Others v Harmony Gold Mining Company Limited and Others.
Electricity tariffs are in limbo after Gauteng High Court (Pretoria) Judge Cynthia Pretorius yesterday set aside a decision by the National Energy Regulator of SA (Nersa) to grant Eskom an effective 9.4% increase for 2016 on the grounds that neither Eskom nor Nersa had complied with the prescribed methodology for interim tariff increases, notes Legalbrief.