Sternwood Products (Pty) Ltd and Others v CNR Prop (Pty) Ltd and Others

The applicants, Sternwood Products (Pty) Ltd and 15 other businesses operating in the Markman Industrial Township, Gqeberha, alleged that the respondents (property owners, manganese operators, logistics companies, and organs of state) caused a serious environmental and common-law nuisance through the transportation, storage, and stockpiling of manganese ore. The alleged nuisance included excessive manganese dust, degradation of roads and stormwater infrastructure, pollution of the Swartkops River and the sea at Bluewater Bay, health risks to workers and the public, traffic congestion from heavy trucks, and economic harm through property devaluation. The applicants relied on expert reports and photographs. The respondents disputed liability, causation, and extent, raised competing expert evidence, alleged outdated surveys, pointed to other contributors (including the municipality and non-cited operators), and argued that material disputes of fact rendered motion proceedings inappropriate.

The matter was referred to trial. The notice of motion, answering affidavits, and replying affidavits were ordered to stand as a combined summons, pleas, and replications. The applicants were ordered, jointly and severally, to pay the costs of the main application and the referral application (on specified bases and including costs of two counsel where applicable) in favour of certain respondents. The qualifying fees of experts and remaining costs were reserved for determination by the trial court.

This judgment is significant for its application of Uniform Rule 6(5)(g) in complex environmental nuisance litigation. It illustrates the High Court’s balancing of public interest and environmental protection against procedural fairness and efficiency, reaffirming that courts will not permit motion proceedings to be used where extensive factual disputes are foreseeable. The case also underscores judicial recognition of cumulative environmental and health harms associated with industrial activities, while cautioning litigants against omnibus applications in factually diverse contexts.