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Locus standi in environmental litigation
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Kangwa & Others v Zambia Environmental Management Agency & Others (Appeal 40 of 2012) [2014] ZMSC 143 (30 October 2014)
EIA consultation rights are not limited to title-holders; project approvals and remedial consultations justified dismissal of the appeal.
Environmental law – EIA process and public consultation; locus standi not confined to title-holders; admissibility and weight of expert evidence; mining licence/outsourcing; Ministerial suspension and legitimate expectation; procedural compliance for change of land use.
Judgment
30 October 2014
Lafarge Cement Zambia Limited PLC v Sinkamba (Citizens for a Better Environment) (Appeal 169 of 2009) [2013] ZMSC 31 (26 November 2013)
Default judgment entered prematurely was irregular; respondent lacked locus standi to sue over the public Environmental Protection Fund.
Civil procedure – Default judgment – Irregular entry before 21 days contrary to Practice Direction – Effect of irregular default judgment; Constitutional/public law – Locus standi under Mines and Minerals Development Act s.123 – Private litigant cannot compel EPF payments; Environmental Protection Fund – claims against public fund are State prerogative; Frivolous and vexatious claims; Costs follow event.
Judgment
26 November 2013
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