Chief Pule Shadrack VII Bareki NO and Another v Gencor Limited and Others Pays/Territoire Afrique du Sud Type de cour Autres Date Oct 19, 2005 Source UNEP, InforMEA Nom du tribunal High Court of South Africa Juge De Villiers Numéro de référence (2005) ZAGPHC 109 Langue Anglais Sujet Ressources minérales Mot clé Exploitation minière Résumé The plaintiffs’ claim was based on the alleged degradation of the environment caused by Asbestos mining activities conducted over a number of years. Mining activities had discontinued some time ago, but the remains of mining were still present in the form of asbestos dumps, among others. The plaintiffs contended that the company operating the mines had caused significant pollution in the mining area and the surrounding area by the distribution of asbestos fibres, thereby contaminating the mining area and causing pollution of the surrounding area. The plaintiffs claimed that the company had to take reasonable measures to rectify such pollution and degradation of the environment. The pollution presented a serious health risk to residents and occupiers of the areas concerned. Besides that, the Government was the owner of the land and had to similarly take reasonable measures to rectify the pollution. The court had to analyze, among others, whether the relevant provisions regarding the said measures against pollution were retrospective, in order to apply them for pollution caused before the provisions commenced operation. The court was of the view that the provisions created at least a strict liability. It may be that in some cases they even created an absolute liability. However, there was no indication that the legislature intended them to have retrospective operation. The claim was dismissed since it was incorrectly premised on the retrospective operation of the provision. Texte intégral 109.html