Cited in support of the principle approved in Endumeni regarding interpretation of statutory provisions.
Cited for the principle that remedies should uphold, enhance and vindicate the underlying values and rights entrenched in the Constitution.
Applied for the principle that the protection of the environment is vital to the enjoyment of rights in the Bill of Rights and for the principle that each…
Neutral citation for the current judgment.
Cited for the principle that courts are required to interpret statutes purposively, in conformity with the Constitution.
Followed for the principle that both the MPRDA and NEMA give effect to s 24 of the Constitution; the MPRDA cannot override other laws; and that a mining right…
Cited for the principle that the MPRDA is not to be read to override the applicability or requirements of other statutes that may impact upon mining activity.
Followed for the principle that in order to conduct mining, a party must obtain a mining right and approval of an EMP under the MPRDA as well as environmental…
Cited for the explanation of the One Environmental System expressly recognised in s 50A(2) of NEMA.
Applied for the principle that interpretation must have regard to the language, context and purposes of the relevant statutory provisions.
Applied for the principle that an interdict is concerned with present or future infringements and that there must be a reasonable apprehension that a wrongful…
Applied for the principle that motion proceedings are designed to resolve legal issues based on common cause facts and the Plascon-Evans rule on disputes of…
Cited for the principle that an appellate court will not lightly interfere with the exercise of a discretion unless it was not exercised judicially.
Cited for the principle that overlapping powers in different spheres of government is permissible and that one sphere's refusal does not veto the decision of…
Applied for the principle that where a disputing party must necessarily possess knowledge of facts averred and provides only a bare denial, the court will take…