15 December 1995
High Court, Natal Provincial Division
Citation: 1996 (3) SA 155 (N)
Date: 15 December 1995
Judge: Hurt J
Legislation considered: Interim Constitution of the Republic of South Africa, 1993 and the Atmospheric Pollution Prevention Act, 1965
Type of application: Application for an interdict
In this matter, the Minister of Health and Welfare obtained an interdict prohibiting Woodcarb (Pty) Ltd from carrying on a wood burning process. Significantly, the Court held that the Minister was entitled to approach court for an interdict despite the Atmospheric Pollution Act, 1965 not making provision for such a remedy. The Court also held that the pollution caused by Woodcarb in the prcess of burning wood in its Rheese burner was an infringement of the right to an environment which is not detrimental to health or well-being enshrined in section 29 of the Interim Constitution.