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Home>Judgments>Supreme Court of Appeal

MEC for Environmental Affairs and Development Planning v Clairison’s CC

31 May 2013

Supreme Court of Appeal 

Date of judgement: 31 May 2013

Citation: (408/2012) [2013] ZASCA 82 (31 May 2013)

Judges: Nugent JA and Swain AJA (Ponnan and Tshiqi JJA and Willis AJA concurring)

Type of application: Judicial review

Legislation considered: Land Use Planning Ordinance, 1985; Environment Conservation Act, 1989 and Promotion of Administrative Justice Act, 2000

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Western Cape High Court, Cape Town 

Date of judgement: 16 May 2012

Case number: 26165/2010

Judge: Acting Judge J I Cloete

Type of application: Judicial review

Legislation considered: Land Use Planning Ordinance, 1985; Environment Conservation Act, 1989 and Promotion of Administrative Justice Act, 2000

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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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