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How safe are our National Parks? - by Peter Kantor — by Simon Sephton — posted on 2012-03-02 15:30 — 0 comment(s) —

First a toll plaza on Chapman's Peak, then military housing in the West Coast National Park... what next? Which of our National Parks will be assaulted by whose interest at the general expense of the public and the environment, whose interests these Parks are supposed to serve? Peter Kantor issues a cautionary that we'd all be obliged to heed.

Rhino poachers in the cross-hairs - by Peter Kantor — by Simon Sephton — posted on 2012-02-29 12:29 — 0 comment(s) —

SANParks officials implicated in the escalating scourge of rhino poaching have been apprehended in reflection of increased commitment to eradication of his sickening phenomenon. Peter Kantor, Chairman of the Environmental Law Association, comments.

Municipality's quick-fix solution to storm damaged promenade backfires badly - by Peter Kantor — by Simon Sephton — posted on 2012-02-28 11:40 — 0 comment(s) —

KZN Judge flays municipality for 'flagrant violation of NEMA, the property owner's rights to a safe environment and their rights to their property.' A cautionary tale of ensuring the hoops are jumped through and compliance is cleared.

Two essential keys to unlocking the new Companies Act - Carl Stein — by Simon Sephton — posted on 2011-08-19 12:18 — 0 comment(s) —

The Act contains a host of new rights, obligations, remedies, procedures and sanctions, many of which are innovative, and some of which may even be termed revolutionary. A large number of these innovations are based on two fundamental decisions taken by government. The first, a philosophical decision, was to adopt the ‘enlightened shareholder value’ model. The second was to forbid the formation of new CCs and, instead, to attempt to ensure that the Act caters for the needs of small businesses at least as well as the CC Act. These two decisions and their profound impact on the Act are explained below.

SA Constitutional Court unanimously declares presidential extension of Chief Justice's term to be unconstitutional. — by Simon Sephton — posted on 2011-07-29 11:55 — 0 comment(s) —

Section 8(a) of the Judges’ Remuneration and Conditions of Employment Act (the Act) allows the President to request a Chief Justice who is about to be discharged from active service to continue in office as the Chief Justice for an additional period determined by the President if the Chief Justice accedes to that request. On Friday, 29 July 2011 the Constitutional Court handed down a judgment in three urgent applications for direct access about the purported extension of the term of office of the Chief Justice for 5 years by the President of the Republic of South Africa. But for this extension, the term of office of the Chief Justice will expire on 14 August 2011. The Constitutional Court accordingly granted direct access, declared section 8(a) and all conduct pursuant to it unconstitutional. The extension of the term of office of the Chief Justice was of no force and effect.

Viva Vilacabamba! The first successful case protecting the rights of Nature in Ecuador - By Cormac Cullinan — by Simon Sephton — posted on 2011-07-05 16:52 — 0 comment(s) —

The first successful case has been brought on behalf of the Rights of Nature in Ecuador. These rights are protected in Article 71 of the Ecuadorian Constitution. The case was presented before the Provincial Court of Justice of Loja on March 30, 2011 which granted a Constitutional injunction in favor of nature, specifically the Vilcabamba River, against the Provincial Government of Loja.

Xolobeni: AmaDiba Crisis Committee & Legal Resources Centre respond to Minister Shabangu on Transkei titanium rights. — by Simon Sephton — posted on 2011-06-14 16:18 — 0 comment(s) —

"In the circumstances, we call on you to notify TEM that its original application is of no force and effect and that it must submit a fresh application if it is still inclined to pursue the mining right." - Sarah Sephton of the LRC on behalf of the AmaDiba Crisis Committee

Xolobeni mining rights to Transkei titanium revoked by Minister Shabangu — by Simon Sephton — posted on 2011-06-07 14:11 — 0 comment(s) —

Minister Susan Shabangu has informed Sarah Sephton, legal representative of the Amadiba Crisis Committee that the mining rights awarded in July 2008 to Australian owned Transworld Energy and Minerals (Pty) Ltd (TEM) and the Xolobeni Empowerment Company (Pty) Ltd (Xolco) have been revoked.

FRACKING – A LEGAL FRAMEWORK FOR THE DEBATE - by Peter Kantor — by Simon Sephton — posted on 2011-05-05 17:24 — 0 comment(s) —

Which rights trump which in the debate over whether or not Shell should be allowed exploration rights to 'frack' for natural gas in the Karoo? Which legislation applies? And which Minister decides - environmental or mining? The debate has generated many column inches in the press and much heated argument between opposing sides. Here Peter Kantor leads us through the legal issues involved in the application and points out the considerations that will have to be made in the reaching of a decision

GOVERNING PEOPLE FOR EARTH – THE CHALLENGE OF THE 21ST CENTURY - an address by Cormac Cullinan to the United Nations — by Simon Sephton — posted on 2011-04-28 16:24 — 0 comment(s) —

This address was made by Cormac Cullinan, the author of Siber Ink's WILD LAW, the second edition of which will shortly be published, to the United Nations General Assembly Interactive Dialogue on living in harmony with Nature, on Wednesday 20 April 2011. In it he proposes a radical revision of the way legal systems regard the Earth and the way in which legal rights are viewed and granted. Read his introductory comments below and download the entire address in pdf form by clicking the link provided.

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