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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.

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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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