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Public interest litigation threatened by costs order, court told

Publish date: 24 April 2007
Issue Number: 1811
Diary: Legalbrief Today
Category: General

In a case being closely-watched by environmental groups around SA, a full Bench of the Pretoria High Court was told yesterday (Monday) that the awarding of a costs order against non-governmental organisation Biowatch could have a deterrent effect on future public interest litigation.

Biowatch was appealing against a court order that it should pay genetically modified crops company Monsanto SA’s legal costs. A Business Day report says the costs order arose out of Biowatch Trust’s successful application to the Pretoria High Court for the Minister of Agriculture and the Registrar of General Resources to provide information which would shed light on the basis for decisions about permitting genetically modified crops in SA. Monsanto SA, a producer of genetically modified food, joined the court proceedings to oppose the application by Biowatch in 2003. The case was heard in 2004. Full Business Day report

This is just one several compelling reports available in the latest issue of our companion product, Legalbrief Environmental, published today. Others include a look at how industry is being pressured to clean up its act to meet government\'s goals, which include a 50% reduction in the volume of hazardous waste generated and 25% reduction in volumes of landfill waste by 2012, with a zero waste situation by 2022. There is also an interesting report on how SA\'s policy direction is lagging the global green trend, which could have a severely detrimental impact on local export businesses as a result of the EU – SA’s biggest trading partner – considering a tariff on goods that are not carbon priced as an equalising measure. Legalbrief Environmental focuses on environmental law and justice, development law and general news relating to the environment. It is a must-have for specialists in environmental, conservation and developmental work. Discounted package subscription rates will apply to existing Legalbrief subscribers. to register for a free month’s trial subscription.

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