REX v MARSHALL & ANOTHER [1951] 2 All SA 440 (A)

The case Rex v Marshall & Another [1951] confirmed the convictions of the manager and resident engineer of Natal Cambrian Collieries Ltd for violating Regulation 7(2) of the Mines and Works Regulations, 1937. The court found that the mine had allowed water containing injurious matter to escape without treatment, contaminating a stream that affected lower-lying farms. The court rejected defense arguments that the regulation was void for vagueness, unreasonableness, or ultra vires, ruling that 'injurious' water is that which is unfit for human or animal consumption, dangerous to animal life, or unsuitable for irrigation.

• The court established that mine authorities could be held criminally liable for the release of acid mine drainage as early as the 1950s, specifically regarding the failure to render water 'innocuous' before it escaped the mine.
• The court ruled that Regulation 7(2) of the Mines and Works Regulations, 1937 was legally valid, rejecting claims that it was void for vagueness, unreasonableness, or that it exceeded the authority of the empowering legislation (Act 12 of 1911).
• The court defined 'injurious' water as being 'unfit for human or animal consumption, dangerous to animal life, and unsuitable for irrigation', and determined that water 'escapes' when it moves from a place where it causes no damage to a place where it does or likely will, even if this occurs within company property.
• Despite the lack of water analysis from the exact point of exit from the mine, the court found it proven beyond reasonable doubt that the mine was the source of acidity and sulphuric oxide in the stream, citing common knowledge and testimony from a former manager.

APA

Centre for Environmental Rights (n.d.). REX v MARSHALL & ANOTHER [1951] 2 All SA 440 (A). https://cer.org.za/wp-content/uploads/2011/12/Rex-v-Marshall.pdf?x21779

Chicago

Centre for Environmental Rights. REX v MARSHALL & ANOTHER [1951] 2 All SA 440 (A). n.d. https://cer.org.za/wp-content/uploads/2011/12/Rex-v-Marshall.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=REX v MARSHALL & ANOTHER [1951] 2 All SA 440 (A) |url=https://cer.org.za/wp-content/uploads/2011/12/Rex-v-Marshall.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndrex, author = {{Centre for Environmental Rights}}, title = {{REX v MARSHALL \& ANOTHER [1951] 2 All SA 440 (A)}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/Rex-v-Marshall.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }