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MEC decision to develop Sea Point Pavilion set aside by Western Cape High Court

26 March 2010 at 3:53 pm

Earlier today, the Western Cape High Court granted the application of Sea Front for All (SEAFA) and reviewed and set aside the decision of the Western Cape MEC to allow the development of the Sea Point Pavilion into an up-market hotel and retail centre, which would have extended below the high water mark and onto the beach.

The MEC’s decision was set aside primarily because a mandatory and material condition in s.22 of the now-repealed Environment Conservation Act was not complied with (in that she did not consider reports on the impact of the development and of alternative proposed activities on the environment), and because the decision was “materially influenced by an error of law, in that the MEC misunderstood her obligation to consider information and reports on alternative land uses”.

You can download the judgement here.


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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In addition, there are a number of national and provincial hotlines that may be useful.

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