The polluter pays principle is a foundational concept of modern environmental law. At its core, it provides that those responsible for environmental harm must bear the costs of preventing, managing, and remedying that harm. The principle ensures that the financial burden of environmental degradation is not shifted to the public or the State but remains with the party whose activities caused the damage. In South Africa, this principle is given effect by section 2(4)(p) of the National Environmental Management Act 107 of 1998 (“NEMA”), which provides that the costs of remedying, and preventing future pollution, environmental degradation and adverse health effects must be paid by those responsible for the harm. The principle seeks to ensure that the financial burden of environmental damage is not shifted onto the public or the State.
The Competition Tribunal does not have the power to grant absolution from the instance
The Competition Appeal Court (“the CAC”) in Competition Commission v X-Moor Transport (Pty) Ltd t/a Crossmoor Transport (273/CAC/Aug25) [2026] ZACAC 4 (22 June 2026), considered the question of whether the Competition Tribunal (“the Tribunal”) has the power to grant absolution from the instance in a prohibited practice case. In two prior cases the Tribunal