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Gongqose and others v State; Gongqose and others v Minister for Agriculture, Forestry and Fisheries and others

February 18, 2016 at 12:00 am

High Court of the Republic of South Africa, Eastern Cape Division, Mthatha 

Case no. CA&R 26/13

Date of judgment: 18 February 2016

Judge: Mbenenge J (Giffiths J concurring)

Type of case: criminal appeal and judicial review

Legislation considered: Marine Living Resources Act, 1998; Environmental Conservation Decree, 1992; National Environmental Management: Protected Areas Act, 2003; Constitution of the Republic of South Africa, 1996 

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Willowvale Magistrates’ Court, held at Elliotdale (Eastern Cape) (S v Gongqose and others)

Case number: E382/10

Date of judgement: (unknown)

Magistrate: Mr Nel

Legislation considered: Marine Living Resources Act, 1998; Environmental Conservation Decree, 1992; Constitution of the Republic of South Africa, 1996

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Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

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