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Cited for the principle that the environmental right is a composite right which includes social, economic and cultural considerations to result in a balanced…
Court applies the interpretative presumption that the Legislature is presumed to use language consistently within a statute, but notes deviation is permissible…
Court applies Fuel Retailers in interpreting the Constitution's recognition of the interrelationship between environment and socio-economic development, the…
Cited for proposition that statutes authorising administrative action must be read with PAJA.
Cited for the principle that statutes authorising administrative action must be read together with PAJA unless the provisions are inconsistent with PAJA.
Cited at para 76 for the principle that fairness must be decided on the circumstances of each case.
Cited for the principle that adequacy of notice periods for representations depends on context, and a 48-hour notice period was found adequate given the…
HTF sought a declaration that the land was not virgin ground and that the section 31A directive was unlawful. The High Court accepted that the property was…
The Constitutional Court granted condonation for late filing and leave to appeal. The Court held that section 31A powers are not subject to section 32's notice…
Court applies the principle of constitutional construction that if one construction leads to constitutional invalidity but another does not, the latter must be…
This is the judgment appealed from. The Supreme Court of Appeal held that section 31A of the ECA requires compliance with section 32 notice and comment…
Court applies Zondi holding that all administrative decisions made in terms of any statute must be consistent with PAJA and that PAJA provisions will be read…
Cited as example where costs awards were made in matters involving constitutional rights.
Cited for the established principle that the same words in the same statute should be given the same meaning, unless context indicates otherwise.