The Supreme Court of Appeal of South Africa is demanding immediate action from the Minister of Environmental Affairs to address the severe air quality crisis plaguing the Highveld region.
The court found that the ongoing poor air quality in this area violates the constitutional right of residents to an environment that is not harmful to their health and well-being. In a case brought forth by the GroundWork Trust and the Vukani Environmental Justice Alliance, the court ruled that the minister has a legal duty to implement regulations under section 20 of the National Environmental Management: Air Quality Act 39 of 2004 to enforce the Highveld Priority Area Air Quality Management Plan (Highveld Plan).
This judgment stems from years of escalating pollution levels attributable to the region’s extensive industrial activity, predominantly from Eskom’s coal-fired power stations and various coal mines. The Highveld region, which encompasses parts of Gauteng and Mpumalanga provinces, covers an extensive area known for its high levels of air pollution. Following a 2007 declaration of this area as a High Priority Area due to public outcry over environmental degradation, the minister published the Highveld Plan in 2012, aiming to bring air quality within acceptable limits by 2020.
No regulations to enforce Highveld Plan
However, the court lamented that, despite the minister’s acknowledgment of the alarming state of air quality, no regulations to enforce this plan had been published, leading to further deterioration of air quality and adverse health impacts for the local communities, particularly vulnerable populations such as women, children, and the elderly.
The judgment emphasised that this inaction constitutes an unreasonable delay in the minister’s duty to act, ultimately highlighting the necessity of enforcing regulatory measures to safeguard residents’ rights and health. It was noted that estimates suggest that thousands of lives could be saved if the air quality standards were met, underscoring the urgency of implementing effective regulations.
Furthermore, the judgment orders the minister to publish the necessary regulations within 12 months, ensuring that efforts to regain air quality compliance are placed on an expedited path. Failure to comply with this order may lead to an increase in public scrutiny and legal repercussions for continued inaction.
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