Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles

Despite the broadening of locus standi in environmental cases by both Section 38 of the Constitution of the Republic of South Africa, 1996, and Section 32 of the National Environmental Management Act 107 of 1998, two recent cases suggest that the preconstitutional approach to locus standi still hold...

Full description

Bibliographic Details
Main Author:	M Kidd
Format:	Article
Language:	Afrikaans
Published:	North-West University 2010-12-01
Series:	Potchefstroom Electronic Law Journal
Subjects:	Environment environmental protection public interest environmental litigation locus standi interdict Patz v Greene environmental right remedies Constitution common law
Online Access:	http://www.nwu.ac.za/export/sites/default/nwu/p-per/issuepages/2010volume13no5/2010x13x5_Kidd-Art.pdf

id	doaj-4186c83bd1b64c68aa324504b72a1b21
record_format	Article
spelling	doaj-4186c83bd1b64c68aa324504b72a1b212020-11-25T03:33:12ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812010-12-011352646Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles M KiddDespite the broadening of locus standi in environmental cases by both Section 38 of the Constitution of the Republic of South Africa, 1996, and Section 32 of the National Environmental Management Act 107 of 1998, two recent cases suggest that the preconstitutional approach to locus standi still holds sway in our Courts. Moreover, failure to recognise the environmental right in Section 24 of the Constitution may be an impediment to applicants' ability to bring an interdict application successfully. Correct use of the relevant constitutional provisions ought to obviate such problems, but alternatives are suggested. In the course of the article, it is suggested that the rule in Patz v Greene is no longer relevant and should be consigned to the history books.http://www.nwu.ac.za/export/sites/default/nwu/p-per/issuepages/2010volume13no5/2010x13x5_Kidd-Art.pdfEnvironmentenvironmental protectionpublic interest environmental litigationlocus standiinterdictPatz v Greeneenvironmental rightremediesConstitutioncommon law
collection	DOAJ
language	Afrikaans
format	Article
sources	DOAJ
author	M Kidd
spellingShingle	M Kidd Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles Potchefstroom Electronic Law Journal Environment environmental protection public interest environmental litigation locus standi interdict Patz v Greene environmental right remedies Constitution common law
author_facet	M Kidd
author_sort	M Kidd
title	Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles
title_short	Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles
title_full	Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles
title_fullStr	Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles
title_full_unstemmed	Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles
title_sort	public interest environmental litigation: recent cases raise possible obstacles
publisher	North-West University
series	Potchefstroom Electronic Law Journal
issn	1727-3781
publishDate	2010-12-01
description	Despite the broadening of locus standi in environmental cases by both Section 38 of the Constitution of the Republic of South Africa, 1996, and Section 32 of the National Environmental Management Act 107 of 1998, two recent cases suggest that the preconstitutional approach to locus standi still holds sway in our Courts. Moreover, failure to recognise the environmental right in Section 24 of the Constitution may be an impediment to applicants' ability to bring an interdict application successfully. Correct use of the relevant constitutional provisions ought to obviate such problems, but alternatives are suggested. In the course of the article, it is suggested that the rule in Patz v Greene is no longer relevant and should be consigned to the history books.
topic	Environment environmental protection public interest environmental litigation locus standi interdict Patz v Greene environmental right remedies Constitution common law
url	http://www.nwu.ac.za/export/sites/default/nwu/p-per/issuepages/2010volume13no5/2010x13x5_Kidd-Art.pdf
work_keys_str_mv	AT mkidd publicinterestenvironmentallitigationrecentcasesraisepossibleobstacles
_version_	1724564048897376256

Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles

Similar Items