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Long Beach Home Owners Association v Department of Agriculture, Forestry and Fisheries and others

22 September 2017

Supreme Court of Appeal 

Citation: Long Beach Home Owners Association v Department of Agriculture, Forestry and Fisheries (South Africa) & another (865/2016) [2017] ZASCA 122 (22 September 2017)

Date: 22 September 2017

Judge: Swain JA (Shongwe AP, Saldulker and Mathopo JJA and Schippers AJA concurring)

In this matter, the Supreme Court of appeal set aside the decision of the Department of Agriculture, Forestry and Fisheries to refuse an application for a licence in terms of the National Forests Act, 1998 (NFA). The Court found that DAFF interpreted the relevant sections of the NFA incorrectly and “slavishly” adhered to a guideline.

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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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