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Leonardia Safaris (applicant) v. Premier van die Provinsie Gauteng (1st respondent), Lid van die Uitvoerende Raad Vir Land Bou en die Omgewing (2nd respondent)

Country/Territory
South Africa
Type of court
Others
Date
Jul 30, 1999
Source
UNEP, InforMEA
Court name
High Court of South Africa
Judge
Nugent
Reference number
Case No. 98/18201
Language
English
Subject
Wild species & ecosystems
Keyword
Wild fauna Authorization/permit Endangered species
Abstract
The applicant wanted to import rhinoceroses into the province and take them to a farm where he had a client who wished to shoot them. The applicant sought to compel the authorities to issue the relevant permits to enable this to be done. In order to import the animals into the province and then shoot them, two permits were required. The permits were not issued but the applicant alleged that the authority had been stated that the permit would be issued at some future time so that he had a legitimate expectation of being granted a permit. The applicant commenced action when the permit was refused in 1998. The court dismissed the application holding that a legitimate expectation did not amount to the acquisition of a legal right, which could be enforced in a court of law.
Full text
Nation.Deci._Vol_3=prelims.pdf
Available in
UNEP/UNDP/Dutch Government Joint Project on Environmental Law and Institutions in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume III, Page 250