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Home>Judgments>Supreme Court of Appeal

Louw N.O. and others v Swartland Municipality

23 September 2011

Supreme Court of Appeal
Case Number or  Citation: 650/2010
Date of judgement: 23 September 2011
Judge/s: Harms, AP, Cloete Shongwe and Wallis JJA and Plasket AJA (judgement written by Plasket AJA)
Type of application: Declarator and interdict
Legislation considered include: Constitution of the Republic of South Africa, 1996; Land Use Planning Ordinance, 1985; Minerals and Petroleum Resources Development Act, 2002; National Environmental Management Act, 1998
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Western Cape High Court
Case Number or  Citation: 13703/09
Date of judgement: 21 December 2009
Judge/s: Le Grange, J.
Type of application: Declarator and interdict
Legislation considered include:  Constitution of the Republic of South Africa, 1996Land Use Planning Ordinance, 1985Minerals and Petroleum Resources Development Act, 2002National Environmental Management Act, 1998
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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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