Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and Others

This briefing outlines a 2001 High Court of South Africa judgment regarding the discharge of noxious gases from a tannery and the subsequent failure of government officials to address the pollution.

• The applicant alleged that a neighbouring tannery discharged noxious gases into the atmosphere, which resulted in a foul odour, the rapid and uncontrollable corrosion of metal equipment and structures on the property, and risks to the health and well-being of people on the premises and other residents of Port Elizabeth.
• The court determined that the tannery breached the Duty of Care specified in Section 28 of NEMA and violated the Constitutional right to an environment that is not harmful to health or well-being, specifically noting that exposure to Hydrogen Sulfide is adverse to well-being and constitutes pollution under NEMA.
• The applicant claimed that several officials—including the Director General: Environment Affairs and Tourism, the Chief Air Pollution Control Officer, the head of the Department of Economic Affairs and Tourism (Eastern Cape), and the municipal manager of the Nelson Mandela Metropolitan Municipality—failed or refused to take reasonable steps to stop the pollution.

APA

Melissa (2001). Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and Others. Centre for Environmental Rights. https://cer.org.za/virtual-library/judgments/high-courts/hichange-investments-pty-ltd-v-cape-produce-co-pty-ltd-ta-pelts-products-and-others-2004-e

Chicago

Melissa. Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and Others. Centre for Environmental Rights, 2001. https://cer.org.za/virtual-library/judgments/high-courts/hichange-investments-pty-ltd-v-cape-produce-co-pty-ltd-ta-pelts-products-and-others-2004-e.

Wikipedia

{{cite report |last1=Melissa |title=Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and Others |publisher=Centre for Environmental Rights |date=22 November 2001 |url=https://cer.org.za/virtual-library/judgments/high-courts/hichange-investments-pty-ltd-v-cape-produce-co-pty-ltd-ta-pelts-products-and-others-2004-e |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{melissa2001hichange, author = {Melissa}, title = {{Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and Others}}, institution = {Centre for Environmental Rights}, year = {2001}, month = nov, url = {https://cer.org.za/virtual-library/judgments/high-courts/hichange-investments-pty-ltd-v-cape-produce-co-pty-ltd-ta-pelts-products-and-others-2004-e}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }