Skip to Content

Centre for Environmental Rights – Advancing Environmental Rights in South Africa

Support Us Join our Mailing List

Virtual Library

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.

Download the judgment