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uMfolozi Sugar Planters Ltd and others v isiMangaliso Wetland Park Authority and others

April 21, 2017 at 2:19 pm

High Court of the Republic of South Africa, KwaZulu-Natal Division, Durban 

Case No. 7942/2015

Date: 21 April 2017

Judge: Moodley J

This matter concerned the artificial breaching of the uMfolozi River. The applicants contended that the isiMangaliso Wetland Park Authority was obliged to artificially breach the uMfolozi River to avoid backflooding, which adversely affected its sugarcane plantations. The application was dismissed with costs. Amongst the legislation considered was the World Heritage Convention Act, 1999, the National Water Act, 1998 and the National Environmental Management: Integrated Coastal Management Act, 2008.

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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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