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Khabisi No and Another v Aquarrella Investment (Pty) Ltd Others, 2008 (4) SA 195 (T)

Country/Territory
South Africa
Type of court
National - higher court
Date
Jun 22, 2007
Source
UNEP, InforMEA
Court name
The High Court of South Africa
Judge
Bosielo O.
Reference number
No. 9114/2007
Language
English
Subject
Land & soil, Legal questions, Agricultural & rural development
Abstract

The case highlights the tension between two elements of the Constitution. The right to property in section 25 and the right to the environment which is not harmful to health or wellbeing in section 24.

The application concerns the development of two properties in Pretoria on land that was previously not developed.

As the developers had not sought the correct EIA it meant that the project had the potential to cause serious harm to the environment, ecology and biodiversity. The court held that the project should not proceed.

Full text
Khabisi No and Another v Aquarrella Investment (Pty) Ltd Others, 2008 (4) SA 195 (T).pdf
116.pdf
Website
www.saflii.org