Tag: Constitution 24

Reasonably remediate nuisance: Curbing criminals

BC The Six Sectional Title Scheme v City of Cape Town When will an order of reasonably remediate (to restore by reversing or stopping environmental damage) nuisance be granted? ‘[20] The applicant accepts that it has no...

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Environmental law protection: Waste management licence?

Minister of Environmental Affairs v ArcelorMittal SA Ltd Environmental law protection and legislation provides for, inter alia, ‘the licensing and control of waste management activities’; ‘the remediation of contaminated land’;...

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Creation of contractual rights: Implied and tacit terms?

SA Maritime Safety Authority v McKenzie When is jurisdictional challenge raised as opposed to jurisdiction over pleaded claim concerning creation of contractual rights? “[27] . . . The Constitutional Court has several...

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