Nature’s Choice Properties (Alrode) (Pty) Limited v Ekurhuleni Metropolitan Municipality

Nature’s Choice Properties (Alrode) (Pty) Ltd operated a food processing factory in Alrode and installed a coal-fired boiler on its premises without first submitting plans and specifications to, or obtaining approval from, the Ekurhuleni Metropolitan Municipality, as required by the municipality’s Smoke Control Regulations issued under the Atmospheric Pollution Prevention Act 45 of 1965. This constituted a contravention of regulation 3. Instead of immediately requiring removal of the boiler under regulation 4, the municipality invited Nature’s Choice to submit the required plans and specifications. Nature’s Choice did so, but the municipality rejected the application, not because the boiler failed to meet statutory emission standards, but because it was coal-fired and located near a residential area, indicating it would only consider a gas-fired boiler. The municipality then approached the High Court and obtained an interdict prohibiting use of the boiler and ordering its removal. Nature’s Choice appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order dismissing the municipality’s application with costs.

The case is significant for clarifying the limits of municipal regulatory power under environmental legislation and reinforcing the principle of legality in administrative law. It confirms that local authorities must act strictly within the powers conferred by enabling legislation and cannot impose policy preferences (such as requiring gas instead of coal) without proper regulatory authority. It also affirms that unlawful administrative decisions cannot be enforced.