CASE STUDIES $($Adapted from Ridl,J$,$ November $2003)$

Case Study $1$

The chairperson of the Development Facilitation Tribunal of Mpumalanga approaches you for

advice. She has the very difficult task of making a decision as to whether or not to approve

the construction of a substation adjacent to a Nature Reserve $($run by the Wildlife Society of

South Africa$)$ in the Nelspruit area. The substation is to provide for the developmental needs

of the area as well as the new low cost housing developments planned for the area.

She asks you to undertake a site visit with her so that she may point out to you the various

issues that trouble her. She is concerned about both legal and environmental issues.

Having seen the site, furnish her with advice with specific reference to:

$1.$ the Constitutional rights of the developer, affected communities and non government

organisations.

$2.$ if environmental and community groups would have standing to approach a court to

ensure that their rights are protected

$3.$ the law relating to the different planning processes that were or should have been

followed

$4.$ the issues that must be taken into account in the planning approval process as a matter

of law

$5.$ the need for public consultation$/$participation in the process

$6.$ the role of consultants in the preparation of the reports that are used in support of planning

applications

$7.$ the importance of the protection of endangered species in planning

$8.$ the importance of the retention of open space in the development of towns

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Learners Manual: Enviro Law, Rev: $4$ ESKOM $$Amended in $2014$

$2$

Case Study $2$

Wildlife and protected areas are threatened by many activities. These include developments

such as electricity infrastructure, industries, urban developments, mining, tourism, inter alia.

The local community in the Messina area own a small game farm where they hunt small

animals for their subsistence needs. Eskom has been working in the area, building lines to

provide for the electricity needs of the community. The community are not happy with

Eskom$$s work in the area for many reasons.

Eskom management has now received a letter from the community leaders, alleging the

following:

$-$ permission was not obtained by Eskom staff to enter some of their properties

$-$ gates were left opened by Eskom upon completion of the work

$-$ some Yellow wood $($Podocarpus$)$ trees were damaged

$-$ birds $($guinea fowl$)$ were caught by some Eskom staff and a duiker from the reserve

was snared along the main road, outside the reserve boundary

$-$ Eskom material such as glass insulators, cables, and general waste has been found

lying along the main road

$-$ there appears to be some oil spilt on the ground where transformers were temporarily

stored.

Management has requested you to investigate these allegations as the community has threatened to take Eskom to the press as well as report these incidents to the Dept. of Environmental Affairs and Tourism. Furnish management with advice, with specific reference to the following:

$1.$ Are animals and birds protected $($even outside properties$)$ and if so under what law?

$2.$ Are indigenous plants protected and if so under what law?

$3.$ Should hunting be permitted for commercial or traditional purposes by the community?

$4.$ Are there ethical constraints to hunting and the treatment of animals?

$5.$ Is there a difference between the protection of wildlife inside protected areas and outside thereof?

$6.$ List the various environmental legislation that has been contravened and state the reasons for the choice of the particular legislation?