ENVIRONMENTAL ISSUES - Court Case regarding proposed amendments to the Alien & Invasive Lists & Regulations

Environmental issue/project: Court Case regarding proposed amendments to the Alien & Invasive Lists & Regulations
Date: 12 September 218

Name of person reporting: Peter Arderne
Email address: mwardern@mweb.co.za
Phone: 083 4577478

Description of issue:

FOSAF have served papers to interdict DEA Minister Edna Molewa's latest proposed amendments to Alien & Invasive lists & regulations to court. Read more at http://www.fosaf.org.za/read-Current-269.php

 

Review of Issue
Date:
25th April 2020
Heads of argument have been submitted by FOSAF's legal team. See https://www.fosaf.org.za/documents/HEADS-2020-01-30-15.16.41.pdf. FOSAF now awaits the response from the DEFF (previously DE)

Review of Issue
Date:
25 August 2021
This case was heard on 21 May 2021 and although a ruling was expected within a few days to date no ruling has been issued.

Review of Issue
Date:
19 September 2021
FOSAF won its court case against the Minister of Environmental Affairs and was awarded costs

Review of Issue
Date:
October 2021
With regard to the court case in which FOSAF took the Minister of Environmental Affairs to court the ruling was handed down on 10 September 2021. FOSAF won this court case and was awarded costs. Subsequently the Minister gave notice that she would appeal the ruling and FOSAF therefore announced that they would oppose the appeal.

Review of Issue
Date:
28 September 2022
Although FOSAF won its case with costs against the Minister of Environmental Affairs regarding the listing of trout as "invasive" this was appealed by the DFFE in March 2022. In Sept 2022 judgement was handed down in which this appeal was refused with costs.

Review of Issue
Date:
31 July 2023
Although the DFFE lost with costs in the High Court and the Supreme Court of Appeal they then petitioned the Constitutional Court. Here leave to appeal was refused with costs for the third time and the order was handed down on 01/06/2023.

Review of Issue
Date:
19 April 2024
Although the DFFE lost with costs in the Constitutional Court in 2023 trout are still listed as invasive although this listing has been suspended. It is now up to the Task Team appointed by the Minister to try and resolve the matter. The Task Team has met several times without reaching a solution.

Current Issues:

  1. The Draft Aquaculture Development Bill.
  2. Court Case regarding proposed amendments to the Alien & Invasive Lists & Regulations
  3. Massive pollution of the Vaal River Barrage and downstream
  4. Clanwilliam sandfish in trouble
  5. William Bower open cast coal mine - near Dullstroom