Land Claims Court says the Constitution requires that ESTA be given a “generous interpretation” 21 November 2022 | By Tania Broughton The Land Claims Court has ruled that removing grazing rights can amount to an eviction. Courts have previously ruled that grazing is only permitted by consent of the landowner. The Constitutional Court has said that a “blinkered” approach must be avoided when...

Empowerment project stumbles in Khayelitsha, showing the complexity of providing solutions to informal settlements By Nombulelo Damba-Hendrik Qandu Qandu informal settlement residents in Khayelitsha say they have feel duped by a project that pairs a solar energy company with the Umbane project led by professors at UCT and Exeter University. The participants say they cannot afford the monthly usage fees for...

The court has put a stop to the seismic survey along the Wild Coast By Tania Broughton The High Court has ruled that the exploration rights granted to Impact Africa and Shell along the Wild Coast were unlawful. The judges said there was “no meaningful consultation” with interested and affected parties prior to the award of the right. The Minister of...

Legal Resources Centre says municipality has failed to comply with September court order on waste management By Loyiso Dyongman The Legal Resources Centre (LRC) in Makhanda has given the Makana Municipality until Friday 18 February to comply with a high court order of September last year to clean up all unofficial dumpsites in Makhanda - or face more court action. Makhanda residents (represented...

“If there is no drastic change we won’t be able to farm with cattle and maize in a few years time” By Marecia Damons Climate activists picketed outside Parliament on Saturday demanding government take drastic action over climate change. The Rural Women’s Assembly criticised the COP26 talks in Scotland for excluding the voices of small-scale African farmers and others most affected...

State makes its case in “Deadly Air” court drama By Liezl Human The second and final day of a court case about pollution on the Mpumalanga Highveld took place on Tuesday. The State argued that it has taken action against the Highveld pollution problem and a court order won’t help. The applicants responded that the State’s own study found its actions...

Informal reclaimers say the expansion of Pikitup into recycling will leave them without an income By Masego Mafata A project to integrate informal recyclers into city waste collection says it is under threat in Johannesburg. The African Reclaimers Organisation says plans to expand Pikitup operations to collect waste separated at source will take away from their livelihoods. The City plans to...

“Our homes smell like sewage and rubbish” says resident By Lucas Nowicki Makhanda (formerly Grahamstown) residents are taking the Makana Municipality to court, accusing the City of negligence and inconsistent waste management. They are being represented by the Legal Resources Centre. They want the City to clear all illegal dumpsites, provide refuse bins and bags, and collect refuse regularly. A date...

Court rules that Xolobeni community should have received mining application before the right was granted By Geoffrey Allsop The Umgungundlovu community, located in Xolobeni in the Eastern Cape, has won an important case in the Gauteng High Court that enables communities to meaningfully consult with companies that want to conduct mining operations in areas where they live or work. On 11 September, Judge...

“This is the time for you to act”, Creecy told By Madison Yauger Climate activist group Extinction Rebellion has asked Environment, Forestry and Fisheries Minister Barbara Creecy to declare a climate emergency in South Africa at the 2019 United Nations Framework Convention on Climate Change (COP25) conference in Madrid, Spain. The group wants the government to reverse all policies inconsistent with addressing climate...