R vs. Inland Revenue, commissioners: Ex parte National Federation of self employed and small
business Ltd. [1982] AC 617. R vs Inspectorate of pollution and another, Ex prate Greenpeace
Ltd. (No2) [1994]. All er 329 (QB) sher and others v sadowitz 1970 (193)©. The court
considered the following statutes: the constitution of the republic of South Africa Act 200 of
1993, ss7, 126(3), and 229. 235(6): see Juta’s statutes of South Africa 1995 vol. 5 at 1-209.
Decree 9 (Environmental Conservation) of 24 July 1992 (TK), s 39:
Application for an order compelling the respondents to enforce the provisions of Decree 9
(Environment Conservation) promulgated by the former government of Transkei on 24 July 1992.
The facts appear from the reasons for judgement.
Pickering J:
The four applicants herein, namely the Wildlife society of South Africa, Keith Cooper, the
conservation Director of the wildlife society and two lawful occupiers of certain cottages on the
Transkei Wild coast seek as first to fourth applicants respectively, an order against the Minister of
Environmental Affairs and Tourism of the Republic of South Africa: the premier of the Eastern
Cape Province: the member of the executive council for Agriculture and Environmental Planning
of the Eastern Cape Province and four chiefs of certain administrative areas in the following
terms:
- That the first, second and third respondents are ordered forthwith to take such steps and to do
such things as may be necessary:
(a) to enforce the provisions of Decree No 9 promulgated by the former government of Transkei
on 24 July 1992 (“the Decree”):
(b) to without derogating from the generality of para 1 (a) here of enforce the provisions of s 39
(2) of the decree in the coastal conservation area established in terms of s 39 (1) of the
Decree. - That it is hereby declared that save to the extent that the environmental conservation act 73 of
1989 and the general policy determined in terms of s 2 of the act on 21 January 1994 and 9
May 1994 conflicts with or contradicts the decree in particular and other legislation of the
former government of Transkei in general, the Act and the said General Policy apply to and
are enforceable in the territory that formally constituted the republic of Transkei. - That subject to para 2 of this order the first, second and third respondents are ordered
forthwith to take such steps and to do all such things as may be necessary to:
(a) enforce the provisions of the Act:
(b) comply with the aforesaid General Policy:
(c) Secure compliance with the aforesaid General Policy in the territory that formally
constituted the republic of Transkei. - That saves to the extent that they may be permitted to in terms of any law, the fourth, fifth,
sixth and seventh respondents be and they are hereby restrained and interdicted from granting
to grant any rights in land which formed part of the territory that formally constituted the
republic of Transkei. - That the respondents jointly and severely are ordered to pay the costs of this application.
First applicant, an association incorporated not for gain in terms of s 21 of the companies Act 61
of 1973 was incorporated with its main objective being
‘To promote environmental conservation and environmental education in southern
Africa’.
Its aim is to promote public participation in caring for the Earth’s vitality and diversity by: