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Agri South Africa v Minister of Mineral Resources (AFRIFORUM and others as amicus curiae)

18 April 2013

Constitutional Court 

Case number/citation: CCT 51/12 [2013] ZACC 9

Date of judgement: 18 April 2013

Judges: Mogoeng CJ (Moseneke DCJ, Cameron J, Jafta J, Nkabinde J, Skweyiya J, Yacoob J and Zondo J concurring)

Legislation considered: Mineral and Petroleum Resources Development Act, 2002

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Download the media summary

Download a case note by Professor Tracy Humby at Wits University 

For a critical analysis of this case, read an article by Elmarie Van der Schyff and Nic Olivier 


Supreme Court of Appeal

Case number/citation: (458/11) [2012] ZASCA 93 (31 May 2012)

Date of judgement: 31 May 2012

Judges: Nugent, Heher, Mhlantla, Leah and Wallis JJA

Type of application: declarator

Legislation considered: Mineral and Petroleum Resources Development Act, 2002

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North Gauteng High Court

Case number: 55896/07

Date of judgement: 28 April 2011

Judge: Du Plessis J

type of application: declarator

Legislation considered: Mineral and Petroleum Resources Development Act, 2002 

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North Gauteng High Court (Exception) 

Case No. 55896/07 / 10235/08

Date: 6 March 2009

Judge: Hartzenberg J

This matter pertained to exceptions raised by the Minister of Minerals and Energy to a claim by Agri South Africa and another for compensation for alleged expropriation of their land rights.

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Section 24of 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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