Skip to Content

Centre for Environmental Rights - Advancing Environmental Rights in South Africa

Support Us Like us on Facebook Follow us on Twitter

Virtual Library

Home>Judgments>High Courts

Kenton on Sea Ratepayers’ Association and others v Ndlambe Local Municipality and others

15 June 2016

High Court of South Africa, Eastern Cape Division, Grahamstown 

Case No. 4341/2014

Date: 15 June 2016

Judge: Lowe J

Legislation considered: Constitution of the Republic of South Africa, 1996; the National Environmental Management Act, 1998 read with the National Environmental Management: Integrated Coastal Management Act, 2008; the National Environmental Management: Waste Act, 2008

The court handed down a structural interdict (a supervisory order) ordering the municipality to submit a report to court before 14 July 2016 detailing the steps it intends on taking to maintain a sewage works and to decommission a dump site with the area of its jurisdiction. the court found that the failure of the municipality to take those steps constituted a breach of its constitutional and statutory duties.

Download the judgment

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.

Report a Violation

National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

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

Contact us

  • Address:Cape Town: Second Floor, Springtime Studios, 1 Scott Road, Observatory, 7925, Cape Town - View map
  • Address:Johannesburg: Ninth Floor, Southpoint Corner, 87 De Korte Street, Braamfontein, 2001, Johannesburg - View map