This is an urgent application brought by residents of Blue Horizon Bay , a coastal suburb on the western outskirts of Nelson Mandela Bay, in which they seek an interdict restraining the continued construction of a wind energy facility (hereinafter the Wind Farm) on agricultural land situated immediately inland of the suburb. The application was brought on a semi-urgent basis and was set down for hearing on the same day as an application to review and set aside a decision by the first respondent not to grant the applicants an extension of time within which to prosecute appeals in terms of the National Environmental Management Act, Act 107 of 1998 (NEMA) against the environmental authorisation granted in respect of the wind farm.
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Women's Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21)  ZACC 23
Click here to read the full judgment on Saflii The Supreme Court of Appeal’s order of constitutional invalidity is confirmed: →