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.