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dc.date.accessioned 2017-04-08T17:05:54Z
dc.date.available 2017-04-08T17:05:54Z
dc.date.created 2006-11-06 en
dc.identifier.citation [2007] ZACC 13
dc.identifier.citation 2007 (10) BCLR 1059 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2676
dc.title Fuel Retailers Association of Southern Africa v Director-General Environmental Management, Department of Agriculture en
dc.title.alternative CCT67/06 en
dc.identifier.casenumber CCT67/06 en
dc.contributor.judge Ngcobo J Majority judgment
dc.contributor.judge Sachs J dissenting judgment
dc.date.judgment 7 June 2007
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2676/Full%20judgment%20Official%20version%20%28514%20Kb%29-11054.pdf?sequence=15&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against a decision by the Supreme Court of Appeal granted and the appeal upheld. This case involved the balance between socio-economic development and protection of the environment in s. 24 of the Constitution and highlighted the nature and scope of obligations imposed on environmental authorities. It was held that sustainable development is the framework through which these two interests can be reconciled and that this consists of a wider obligation than simply need and desirability. The decision by the authorities allowing for construction of the filling station was set aside and they were ordered to reconsider the application. In a dissenting judgment it was held that the authorities' failure to consider the environment was formal rather than substantive and that the appeal should be dismissed. Majority: Ngcobo J (Moseneke DCJ, Madala J, Mokgoro J, Navsa AJ, Nkabinde J, O'Regan J, Skweyiya J and Van der Westhuizen J concurring) Dissent: Sachs J
dc.concourt.casehistory Application for leave to appeal against a decision of the Supreme Court of Appeal, reported as Fuel Retailers Association of SA (Pty) Ltd v Director-General, Environmental Management, Mpumalanga, and Others 2007 (2) SA 163 (SCA).


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