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Title:
Umfolozi Sugar Planters Limited and others -v- isiMagaliso Wetland Park Authority and others
Party:
South Africa
Region:
Africa
Date of text:
April 21, 2017
Data source:
InforMEA
Court name:
High Court
Seat of court:
Durban
Justice(s):
Moodley J.
Reference number:
No. 7942/2015
ECOLEX subject(s):
Wild species & ecosystems
Legal questions
Abstract:

This matter concerned the artificial breaching of the uMfolozi River. The applicants contended that the isiMangaliso Wetland Park Authority was obliged to artificially breach the uMfolozi River to avoid back-flooding, which adversely affected its sugarcane plantations. The application was dismissed with costs. Amongst the legislation considered was the World Heritage Convention Act, 1999, the National Water Act, 1998 and the National Environmental Management: Integrated Coastal Management Act, 2008.