NEMA deemed not relevant in urgent application
Publish date: 08 July 2008
Issue Number: 68
Diary: Legalbrief Environmental
Category: Corruption
In this matter of Michael Fuller v Kenton Eco Estate, the Eastern Cape Provincial Division had to consider an urgent application by Michael Fuller (the applicant) for an interim interdict to stop construction of an Eco Estate by Kenton Eco-Estate (the respondent) pending the determination of an administrative appeal made under the Environment Conservation Act.
In dismissing the application, the court held that the applicant had failed to establish the urgency of the application, and that section 28(12) of the National Environmental Management Act (NEMA), which section grants standing to a person to compel the Director-General or a provincial head of department to take any of the steps mentioned in section 28(4) of NEMA for the purposes of preventing or minimising significant pollution or degradation of the environment, was not relevant in this application. Accordingly, the Court said that section 28(12) was not relevant in these factual circumstances, and that it is neither an alternative nor satisfactory remedy. The court further commented that the applicant had misconceived the urgency of this application. The application was dismissed with costs. Visit the EnAct International Site
