Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF SOUTH AFRICA
IN THE SUPREME COURT OF SOUTH AFRICA CAPE
PROVINCIAL DIVISION 1996 (1) SA 283 (C)

VAN HUYSSTEEN & OTHERS.............................APPLICANTS

VERSUS

MINISTER OF ENVIRONMENTAL AFFAIRS

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

BEFORE: FARMLAND, J 1995 JUNE 15, 28 CASE NO. 6570/ 95

Public Participation: -proposal to erect steel mill near west coast national park and Lange Baan

lagoon – land protected by convention of wetlands of international importance (Ramsar

Convention) – expert opinion differing as to environmental consequences of proposed

development.

Constitutional Law: -right to information – right to procedurally fair administrative action.

Interdict: -detrimental effect on environment would diminish the value of nearby property.

The applicant trustees and trust beneficiary sought orders against governmental authorities with

respect to the planning decision concerning the construction of a steel mill on land near the West

Coast National Park and the Langebaan Lagoon in the South African province of west cape. The

respondents argued that, the applicants will not have not established an apprehension of

irreparable harm if the order were to be granted. They further contended that the applicants had

no infringed right and possibility of irreparable harm and neither was the balance of fairness in

their favour.

HELD:

1. The word “shall” in the Environment Act empowers the federal Minister to appoint a
   board but does not necessarily oblige him to do so. As the applicants could not compel
   the appointment of a board, they have no right to demand the amplification of the terms
   of reference of any board that might be appointed.


2. The documentation was “reasonably required” by the applicants in order to exercise
   their right to object to the rezoning in the event that the development proved to be
   undesirable. Accordingly, the Federal Minister should pay the costs of the trustees’
   application for documentation.


3. If it were shown that the erection and operation of a steel mil would detrimentally
   affect the Lagoon and its ecosystem, then the value of trust property directly opposite
   the lagoon would be diminished. Accordingly the rights of applicants would be affected
   thus the applicants would be affected therefore the applicants have standing.


4. The applicants have a right to a procedurally fair administrative action in respect of the
   rezoning decision within the meaning of the Constitution.