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2 documents
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Date
S v Lilongwe Water Board and Others ; Ex Parte: Malawi Law Society (Judicial Review 16 of 2017) [2017] MWHC 135 (21 April 2017)
Applicant challenged project implementation without mandatory EIA, obtained leave to seek judicial review and disclosure of project documents.
Environmental law – Environmental Impact Assessment (EIA) requirement – Environment Management Act s24 and GN No.58/1998 – public interest standing – locus standi of a statutory body – leave to apply for judicial review – interlocutory injunction in judicial review (urgency requirement for ex parte relief) – constitutional right of access to information (s37) – disclosure of project documents.
Judgment
21 April 2017
Kamuzu (Administrator of Deceased Estate) v Attorney General (Civil Cause No. 1839(A) of 1997) [2004] MWSC 3 (10 January 2004)
Customary land rights are constitutionally protected; Government cannot evict or reallocate without statutory procedure, compensation, and may be enjoined to prevent environmental harm.
Customary land – constitutionally protected proprietary interest – expropriation requires statutory declaration, notice and compensation – Environment Management Act grants locus standi to any person to prevent environmental harm – injunction to restrain unlawful eviction.
Judgment
10 January 2004
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