Leg 2601

UNATHI MCBOLD MABUZA
LEG2601
64762599
QUESTION 1
1.1
• Provision is made for the establishment of a central point (competent
authority) in each province to deal with applications, authorizations and
licences in a coordinated manner.
• Section 24(4)(a) stipulates that, in every application for an environmental
authorisation, there must be coordination and cooperation between organs of
state in the consideration of assessments where an activity falls under the
jurisdiction of more than one organ of state.
• Section 24(4)(b) stipulates that every application for an environmental
authorisation must include, where applicable, an investigation and an
assessment of the impact of any proposed
1.2 Sources of law is something (as a constitution, treaty, custom, or statute) that
provides the authority for judicial decisions and for legislation. Statute law is most
important in regulating the environment.
1.3
• Cultural landscapes
• Manifestations of material culture
1.4 The principle of duty of care is that you have an obligation to avoid acts or
omissions, which could be reasonably foreseen to injure of harm other people. This
means that you must anticipate risks for your clients and take care to prevent them
coming to harm.
1.5 The right is formulated as a fundamental human right. This indicates that individuals
are bearers of the right. It is phrased negatively, in the sense that it requires a
minimum standard that is “not detrimental to health or wellbeing”, rather than a
positive right to a healthy environment. Although the meaning of “health” is obvious,
everyone has a right to an environment that is not harmful to their health. Air and
water pollution can have serious health consequences. It is argued that the term
“wellbeing” should refer to the aesthetic and spiritual dimensions of the natural
environment. Dune mining at the St Lucia estuary may, for example, not only have a
detrimental impact on the biodiversity of the area, but would also affect the aesthetic
dimension, namely, the beautiful, unique and unspoilt landscape.
QUESTION 2
2.1
As no right is absolute, it is possible that the right to the environment can be limited,
that is, to justify harm to the environment. Conflicting values and rights can result in
the reasonable and justifiable limitation of the environmental right.
Section 36 determines that a right may be limited in terms of a “law of general
application” (e. g. legislation and common law) and that certain factors have to be
taken into account to determine whether such a limitation is reasonable and
justifiable in an open and democratic society based on human dignity, equality and
freedom. The court will have to inquire into the relationship between the limitation of
the right and the reason why it is being limited. The following factors must be taken
into account:
• The nature of the right.
• The importance of the purpose of the limitation.
• The nature and extent of the limitation.
• The relation between the limitation and its purpose.
• The availability of less restrictive means to achieve the purpose.
2.2 The EMIs have the powers to: Investigate: question witnesses, inspect and remove
articles, take photographs and audio-visual recordings, take samples and remove
waste. Inspect: enter premises to ascertain whether legislation is being followed and
seize evidence of criminal activity.
QUESTION 3
3.1
The requirement to exhaust internal remedies must not serve to shield the
administrative process from judicial scrutiny nor frustrate an applicant who, in good
faith, attempts to comply with the requirements. In this case the applicant was
challenging a refusal to grant him refugee status.
3.2 An Interim interdict is a restoration or preservation of the specific scenario until a final
decision relating to the rights of the parties can be made by the Court, it must be noted
that the granting of an interim interdict does not and should not affect the court’s decision
when making its final decision.
In order to obtain an Interim Interdict the following is required:
1. A Prima Facie Right arising from a contract, codified law or the Common
Law. It is to be noted that an interest is not enough to seek the relief of an
Interdict
2. That there is a reasonable probability of irreparable harm being caused to
the Applicant should the Interdict not be granted.
3. There is no Alternative remedy available to the Applicant
Final Interdict- This type of interdict is as the name states is final, and is not granted
pending another decision. In short it can be said that should all factors required for
a final interdict as listed above be present the interdict should be granted by the
Court.
3.3
In instances where a person feels aggrieved by a decision taken by a certain official, the
aggrieved person can take the matter further: He or she can have the matter reconsidered
or re-examined by a more senior official. In such instances, terms such as “appeal” or
“review” reflect that the decision will be reconsidered by a second decision-maker. Each
department has its own structure (and channels) for internal administrative control, which
is provided for in legislation. Senior or superior officials exercise control over the acts of
more junior officials. For example: the matter is heard by the senior official; an appeal
against the decision of the senior official is lodged with the head of the department; a
further appeal is usually lodged with the Director-General and, finally, with the Minister
(or MEC in a province), who is the highest authority for internal administrative control.
Legislation usually provides detailed information on how these matters should be
reconsidered and by whom, and what remedies are available to aggrieved persons.
QUESTION 4
4.1 Environmental Impact Assessment Regulations, 2014, contains the procedures in

terms of which the impact of activities on the environment must be assessed.
• Coordination and cooperation between organs of state in the consideration of

assessments where an activity falls under the jurisdiction of more than one organ
of state
• That the findings and recommendations flowing from an investigation, the
general objectives of integrated environmental management laid down in this Act
and the principles of environmental management are taken into account in any
decision
• That a description of the environment likely to be significantly affected by the
proposed activity is contained in such application
• Investigation of the potential consequences for or impacts on the environment of
the activity and assessment of the significance of those potential consequences
or impacts
• Public information and participation procedures which provide all interested and
affected parties, including all organs of statin all spheres of government that may
have jurisdiction over any aspect of the activity, with a reasonable opportunity to
participate in those information and participation procedures
• investigation of the potential consequences or impacts of the alternatives to the
activity on the environment and assessment of the significance of those potential
consequences or impacts, including the option of not implementing the activity
• investigation of mitigation measures to keep adverse consequences or impacts
to a minimum
• investigation, assessment and evaluation of the impact of any proposed listed or
specified activity on any national estate referred to in section 3(2) of the National
Heritage Resources Act, 1999 (Act No. 25 of 1999), excluding the national estate
contemplated in section 3(2)(i)(vi) and (vii) of that Act
• reporting on gaps in knowledge, the adequacy of predictive methods and
underlying assumptions, and uncertainties encountered in compiling the required
information
• investigation and formulation of arrangements for the monitoring and
management of consequences for or impacts on the environment, and the
assessment of the effectiveness of such arrangements after their implementation

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UNATHI MCBOLD MABUZA

In order to obtain an Interim Interdict the following is required:

4.1 Environmental Impact Assessment Regulations, 2014, contains the procedures in

• Coordination and cooperation between organs of state in the consideration of

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