The recent decision in the matter of Micromath Trading 14 CC trading as Parkville Motors v JM Oelofse NO and Others (T) case 10345/05 unreported, 16-5-2006 Engelbrecht AJ) relates to both environmental and administrative law issues. Briefly, the material facts were that authorisation was issued under the Environment Conservation Act 73 of 1989 (the ECA), in July 2001, a condition of which was that the development should commence within two years.
No doubt Louis Rood's article 'Making sense' in 2006 (Aug) DR 19 indeed makes a certain amount of sense. However, embedded in the heart of that article is a glaring non sequitur. Before I set out such, I pause to note that my use of this Latin phrase would seemingly annoy Mr Rood, but I will indicate hereunder (and not merely 'in this article') that such a logical error is present in Mr Rood's view and that the use of a Latin term to descriptionbe it is particularly apt, as it both descriptionbes and illustrates the flaw in Mr Rood's reasoning.