Limitations and disclaimer This Litigation...
Limitations and disclaimer
This Litigation Inventory was prepared with the following limitations:
Subject of the litigation: The primary focus of the project is litigation pertaining to rights and obligations related to carrying out prospecting, exploration or mining activities, with a particular focus on assessing and mitigating impact on the environment and interested and affected parties.
Time: The outcomes of this project reflects the status quo as at July 2011. As mentioned above, we ask that practitioners, litigants, students and academics who become aware of any new cases or the completion of any pending cases notify us at info@cer.org.za so that we can update the database accordingly.
Forum: The Inventory covers litigation initiated or completed in the High Courts, the Supreme Court of Appeal and the Constitutional Court, as well as appeals to and rulings by the Water Tribunal and other administrative appeal bodies.
Form of legal authority: The project is not limited to litigation relating to the interpretation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) but can cover litigation based on the authority of any environment-related statute or the common law.
The Centre for Environmental Rights commissioned and the Wits School of Law carried out this project in an attempt to collate information on jurisprudential trends in finalised cases, and arguments put forward by appellants and respondents in pending or “live” cases. In relation to the latter, the summaries and report may contain and repeat allegations made by parties which are disputed by other parties, and in relation to which no finding has been made.
For queries, contact the Centre on info@cer.org.za, or Prof Tracy Humby, School of Law, University of the Witwatersrand at Tracy-Lynn.Humby@wits.ac.za.
Additional Information
| Field | Value |
|---|---|
| Data last updated | September 28, 2015 |
| Metadata last updated | September 28, 2015 |
| Created | September 28, 2015 |
| Format | XLS |
| License | Creative Commons Attribution |
| Datastore active | False |
| Has views | True |
| Id | 04928f84-2acb-49e3-aff0-b79d35731914 |
| Package id | 04cabf9c-2ad5-43fe-8821-b8741fb8d040 |
| Position | 0 |
| State | active |
| Url type | upload |