South Africa’s Expropriation Act 2025: A Balanced Legal Analysis
President Cyril Ramaphosa’s recent assent to the Expropriation Act, 13 of 2024 (the “Act”) has sparked significant discussion about its implications for land ownership, economic stability, and legal protections in South Africa. The Act replaces the Expropriation Act, 63 of 1975, with the stated intention of aligning the country’s expropriation framework with section 25 of […]
The Preservation and Development of Agricultural Land Act: A New Era for South Africa’s Agricultural Sector
President Cyril Ramaphosa has assented to the Preservation and Development of Agricultural Land Act, 39 of 2004 (the “Act”), ushering in a significant shift in the governance and sustainable use of agricultural land in South Africa. The Act provides a comprehensive framework for managing and preserving agricultural land while promoting sustainable agriculture and ensuring long-term […]
The Doctrine of Unclean Hands and Environmental Compliance in South Africa
The Underlying Principle The principle of “clean hands” is a foundational tenet of equity in law: those who seek judicial relief must themselves act ethically and lawfully. In South Africa, this doctrine often arises in environmental law, where compliance with strict regulatory frameworks is essential. The recent case of Topup Property Investments (Pty) Ltd v […]
Digital Biodiversity and Finance: Confronting the Crisis in Climate with New Conservation Strategies
Digital Biodiversity and Finance: South Africa is a party to the United Nations’ Convention on Biological Diversity (CBD) and has been since 1996. South Africa is, in line with its international obligations, required to implement the various obligations agreed to under the CBD, as amended from time to time. As a result, the obligations arising […]
Middleburg High Court Rules Against Msukaligwa Municipality for Water Act Violations
In a recent judgment out of the Middleburg High Court, the Msukaligwa Local Municipality (“Municipality”) has been found to be in contravention of the National Water Act, 38 of 1998, as amended, (“Water Act”) for failing to adhere to multiple directives issued by the Department of Water and Sanitation (“Department“). Since 2016, the Department’s investigations […]
New Amendments Proposed for Appeals Under Environmental Management Act
On 25 August 2023, the Minister of Forestry, Fisheries and the Environment, published significant proposed amendments to the regulations governing appeals under the National Environmental Management Act and other Specific Environmental Management Acts. The proposed regulations seek to expand on the previous appeal regulations, published in 2014, offering a more comprehensive appeal process with more […]
Proposed Water Use Licence Amendments Spark Backlash in Agriculture
On 19 May 2023, the Minister of Water and Sanitation published significant proposed amendments to the regulations governing the procedural requirements for water use license applications. The proposed amendments have caused division and backlash from various public interest groups and key role-players, with extreme concern being voiced by members of the agricultural sector. According to […]
NEMLA Promulgation Brings Major Changes to SA Environmental Law
First introduced as a Bill in 2017, the National Environmental Management Laws Amendment Act, 2 of 2022 (“NEMLA”) was finally published in 2022. On 30 June 2023, NEMLA was officially promulgated in the Government Gazette, bring the majority of the Act’s provisions into effect. NEMLA has been enacted to deter non-compliance with environmental laws by, […]
Courts Rule on Trading and Transfer of Water Use Entitlements
Prior to 2018, water use entitlements were commonly traded between individuals. On 19 January 20018, however, the Director General of the Department of Water and Sanitation (“DWS”) released a circular stating that section 25 of the National Waster Act, 36 of 1998, as amended (“NWA”), did not allow for the trading of water use entitlements […]
Eskom Seeks Environmental Exemptions To Restart Kusile Units
In October 2022, Kusile Power Station was forced to take Units 1, 2 and 3 offline due to a critical failure in Unit 1’s operating systems. The flue duct of Unit 1, responsible for transporting carbon dioxide and cooling the gas to safe temperatures, tore away from the main structure. Upon investigation, it was discovered […]