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Home>Judgments>Supreme Court of Appeal

Abbott v Overstrand Municipality and others

20 May 2016

Supreme Court of Appeal 

Citation: Abbott v Overstrand Municipality (99/2015) [2016] ZASCA 68

Date: 20 May 2016

Judge: Fourie AJ (Lewis, Cachalia and Tshiqi JJA and Baartman AJJA concurring)

In this matter, the Court found that municipalities can only be authorised to manage estuaries under the provisions of National Environment Management: Integrated Coastal Management Act, 2008 (NEMICMA) if it agrees, and has the capacity, to do so, in accordance with s 156(4) of the Constitution. Municipalities may, for example, adopt an estuarine management plan under that Act.

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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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