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''Minister of Public Works and Others v Kyalami Ridge Environmental Association and Others'',〔2001 (7) BCLR 652 (CC).〕 an important case in South African law, was decided by the Constitutional Court on May 29, 2001. == Facts == The South African government established a transit camp on state-owned land which had previously been used as a prison farm. The purpose of the camp was to house those people from the Alexandra Township who had been displaced by severe floods. The intention was that the persons so accommodated would move to permanent housing when such became available, and that the transit camp would then be dismantled. This plan was made without any prior discussions with residents in the area. A residents' association called on the Minister of Public Works to suspend operations, contending that the establishment of the transit camp involved an alteration in the use of the land, and was being carried out in contravention of the Environment Conservation Act〔Act 73 of 1989.〕 and the National Environmental Management Act〔Act 107 of 1998.〕 When its call to cease operations went unsatisfied, the association launched an urgent application in the High Court for an interdict restraining the Minister and the contractor # from proceeding with the establishment of an informal settlement on the land in question; and # from proceeding with the construction and/or erection of temporary or permanent dwelling units for that purpose and permitting any persons to come onto the property for the purpose of settling there, temporarily or permanently, as residents. The High Court granted an interim interdict in those terms. This was to remain in force pending the determination of an application in which the association sought an order setting aside the decision to establish the transit camp and directing the government to reconsider the decision after consulting the local residents and taking into account their representations, and after giving due consideration to the environmental impact of establishing a transit camp there. After hearing argument on the application, the High Court made an order substantially in those terms. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Minister of Public Works v Kyalami Ridge Environmental Association」の詳細全文を読む スポンサード リンク
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