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Adendorffs Boerderye (Pty) Ltd v Shabalala and others

March 29, 2017 at 3:21 pm

Supreme Court of Appeal 

Citation: Adendorffs Boerderye (Pty) Ltd v Shabalala and others (997/15) [2017] ZASCA 37 (29 March 2017)

Date: 27 March 2017

Judge: Mathopo JA (Shongwe, Majiedt and van der Merwe JJA and Mbatha AJA concurring)

In this matter, the Supreme Court of Appeal held that degradation, erosion and overgrazing is a violation of the provisions of the Conservation of Agricultural Resources Act, 1983 and that the responsibility and obligation to manage agricultural land in a responsible way, to preserve it and not to overgraze it is the responsibility of the land owner or the land user.

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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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