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Gauteng Department of Agriculture and Rural Development and Others v Interwaste (Pty) Ltd and Others

30 May 2019

Citation: (458/2018) [2019] ZASCA 68

Judges: Navsa ADP, Swain, Zondi and Molemela JJA and Weiner AJA concurring.

Date: 30 May 2019

This matter concerned the validity of a waste management licence issued to Interwaste (Pty) Ltd as well as the validity of a compliance notice issued by the Gauteng Department of Agriculture and Rural Development to Interwaste (Pty) Ltd.

The Supreme Court of Appeal overturned the High Court’s order and found that the waste management licence had expired through the effluxion of time and that the compliance notice issued was of no effect.

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Section 24of 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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