Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF SOUTH AFRICA

IN THE SUPREME COURT OF SOUTH AFRICA
(TRANSKEI PROVINCIAL DIVISION)
CASE NO. 1672/1995

WILDLIFE SOCIETY OF SOUTH AFRICA & OTHERS.................APPLICANTS

VERSUS

MINISTER OF ENVIRONMENTAL AFFAIRS

AND TOURISM & OTHERS................................................RESPONDENTS

BEFORE: PICKERING, J 1996 JUNE 21, 27

Civil Proceedings: Whether mandamus could issue.
Whether the plaintiffs have a right to apply for the enforcement of
State’s statutory duties.
Environmental Law: Application for mandamus compelling state to comply with its
obligations to protect the environment.

The applicants applied for an order compelling the respondents to enforce the provisions of the
law on environmental conservation. It was contended that the respondents had granted rights of
occupation and had allocated sites within the coastal conservation area to private individuals. As
a result of this encroachment, there was considerable and irreversible environmental degradation
of the Transkei wild Coast.

HELD:

1. Where a statute imposed an obligation upon the State to protect the environment in the
   interest of the public, then a body such as the applicant with its main aim being to
   promote environmental conservation should have locus standi to apply for an order to
   compel the state to comply with its statutory obligations.


2. Save to the extent that they may be permitted to in terms of law, the respondents are
   restrained from granting any rights on the land which forms part of the territory that
   formerly constituted the Republic of Transkei.

Order for mandamus granted, respondents to pay costs.