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City of Cape Town v Really Useful Investments 219 (Pty) Ltd

2 February 2018

High Court of the Republic of South Africa, Western Cape Division, Cape Town

Case no. 21106/2014

Date: 2 February 2018

Judge: Gamble J

In this matter, the City of Cape Town approached court for an order directing the Respondent to comply with directives issued to it by the City of Cape Town in terms of the City of Cape Town’s Stormwater Management By-law, 2005 (by-law) and the Environment Conservation Act, 1989 (ECA). The directives were issued to the respondents as a result of the respondent dumping fill material in a floodplain. The City of Cape Town also requested an order declaring that it shall be entitled to enter the property of the respondent to undertake the necessary work to comply with the requirements of the directives as contemplated in terms of the by-law and ECA.

The court found in favour of the City of Cape Town and granted the orders requested.

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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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