Section 24 of the Constitution of the Republic of South Africa, 1996 Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Minister Shabangu’s 2012 Budget Vote Speech for DMR: MPRDA, integrated permitting, fracking, rehabilitation and consultation with communities

By mfourie | Published: May 13, 2012

Read the full transcript of the Minister of Mineral Resources’ 2012 Budget Vote Speech delivered on 10 May 2012 in the National Assembly here. Sections directly affecting environmental rights have been highlighted in bold by the CER.

“Honourable Chairperson,
Deputy Minister Oliphant,
Honourable Fred Gona, Chairperson of the Portfolio Committee,
Honourable Members,

May I begin by acknowledging the presence, in the public gallery, of 21 girl learners from disadvantaged communities. They, Honourable members, are beneficiaries of the Ministerial programme, supported by the mining industry; who are studying at various tertiary institutions.

We stand at the cusp of a new era in South Africa – one which sees, so clearly now, the resurgence of mining as a central force.

I am therefore honoured to present the budget of the department that is responsible for a sector so critical to our country’s future. The fact is that the African National Congress has placed the mineral and energy complex right at the centre of its socio economic and political agenda. This is an appropriately far-sighted step as the organisation and movement I represent marks its centenary, committed as… Continue reading...

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Minister Joemat-Pettersson’s 2012 Budget Vote Speech for DAFF: Food security, climate change, small scale fishers and patrol vessels

By mfourie | Published: May 6, 2012

Read the full transcript of the Minister of Agriculture, Forestry and Fisheries’ 2012 Budget Vote Speech delivered on 3 May 2012 in the National Assembly here.

“Honourable Speaker;
Chairpersons of the Portfolio Committee and the Select Committee;
Honourable Deputy Minister;
Members of the National Assembly and the National Council of
Provinces;
MECs;
Former Agriculture Director-General, Mr Masiphula Mbongwa;
Ambassadors;
Captains of industry;
Winners of our national Female Entrepreneur Awards;
Leaders of political organisations, unions, NGOs, community organisations and faith-based Institutions;
Farmworkers, fisherfolk and community forestry organizations;
Students and leaders from our agricultural colleges and other training institutions;
Ladies and Gentlemen,

Our struggle icon and the father of our nation, Nelson Mandela, once said that: “We do not want freedom without bread, nor do we want bread without freedom. We must provide for all the fundamental rights and freedoms associated with a democratic society.” This means that we can neither divorce freedom from food, nor food from freedom. I thus implore all of us to re-commit ourselves to “Working together for food security.” This is the theme of today’s budget… Continue reading...

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DA’s Gareth Morgan’s National Assembly address at the 2012 Budget Vote for the DEA

By mfourie | Published: May 3, 2012

Read the full transcript of the National Assembly address delivered by the DA’s spokesperson on Water and Environmental Affairs, Gareth Morgan MP, on 2 May 2012 at the 2012 Budget Vote for the Department of Environmental Affairs here.

“Chairperson, Honourable Minister, Honourable Members

This vote occurs less than two months away from the Rio+20 summit, which marks the 20 year anniversary of the Rio Earth Summit, and ten years since the World Summit on Sustainable Development held in Johannesburg in 2002. It also occurs less than six months after COP17 which was successfully hosted in Durban last year.  The world is now taking stock again of its progress towards sustainable development, and so is South Africa.

New to the agenda is the notion of the Green Economy. It is a contested term. In South Africa government’s appears to take the view that the green economy is a subcomponent of the economy. But this is a perversion if one considers a more holistic definition, that being that the economy, the whole economy, is a component of the ecosystem in which it resides. In other words we should consider the… Continue reading...

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Minister Molewa’s 2012 Budget Vote Speech for DEA: Climate change, Rio+20, Green Economy jobs, EIAs, Waste Strategy and rhino poaching

By mfourie | Published: May 2, 2012

Read the full transcript of the Minister of Water and Environmental Affairs’ 2012 Budget Vote Speech delivered on 2 May 2012 in the National Assembly here.

“Honourable Chairperson of this session;

Honourable Deputy Minister, Rejoice Mabudafhasi, MP;

Honourable Chairperson of the Portfolio Committee, Advocate Johnny de Lange, MP;

Honourable Members of the Portfolio Committee;

Honourable Members of Parliament;

Distinguished Chairpersons and Chief Executives of Public Entities;

Distinguished guests;

Ladies and gentlemen;

Introduction

I address this august gathering after we celebrated Freedom Day last week, a day that marks a significant and historic paradigm shift in the history of our country. On that day 18 years ago, South Africans elected not only a new democratic government, but by that act of placing a ballot paper in the ballot box, they pinned their hopes on this ANC government and we should never fail them and we should also never fail the legacy of Tata Mandela.

When the gates of Victor Verster Prison flung open, releasing Tata Mandela, he took those memorable first steps that symbolised the many steps we were to take as a people in our quest to… Continue reading...

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The Centre is growing and moving

By mfourie | Published: April 25, 2012

From 2 May 2012, the Centre for Environmental Rights will be operating from new, bigger premises at 223 Lower Main Road, Observatory, Cape Town. Our phone and fax numbers will remain the same, but we expect some disruption to our telecommunications and accessibility during the moving period. Please bear with us as we pack up and move between 25 April until 2 May 2012.

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Media Release: Constitutional Court’s decision in Maccsand case marks end of an era

By mfourie | Published: April 12, 2012

Response to the Constitutional Court’s judgement in the case of Maccsand (Pty) Ltd v City of Cape Town and Others, CCT 103/11

  1. The Centre for Environmental Rights welcomes the judgement of the Constitutional Court in this case handed down today. The judgement confirms the Supreme Court of Appeal’s decision that, where mining is not permitted by a zoning scheme, the holder of a mining right or permit cannot start to mine, unless and until the land is rezoned to allow mining.
  2. The Court clearly and correctly held that the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) – like the National Environmental Management Act, 1998 (NEMA) – is intended to promote s.24 of the Constitution[1], the Constitutional right to healthy environment, and that these statutes require the Minister for Mineral Resources to consult and cooperate with environmental authorities who administer NEMA.
  3. While the Court placed great emphasis on cooperative governance between authorities with overlapping mandates, particularly in relation to environmental matters, this judgement also confirms that it is proper and appropriate for government departments and different spheres of government to approach the courts to resolve conflicts between them,

… Continue reading...

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Hot off the press: Constitutional Court hands down judgement in Maccsand case

By mfourie | Published: April 12, 2012

The Constitutional Court has just handed down judgement in the case of Maccsand (Pty) Ltd v the City of Cape Town and others. In brief, the Court has dismissed Maccsand’s appeal, and ordered the Minister of Mineral Resources to pay the City of Cape Town’s legal costs.

Download the judgement here.

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Unlock the doors: How greater transparency by public and private bodies can improve the realisation of environmental rights

By Dina | Published: April 11, 2012

This week, the Centre for Environmental Rights is releasing a new report on the state of civil society’s ability to access environmental information held by public and private bodies. The report, funded by the Open Society Foundation for South Africa, is entitled Unlock the doors: How greater transparency by public and private bodies can improve the realisation of environmental rights.

Download the report here: Unlock the doors: How greater transparency by public and private bodies can improve the realisation of environmental rights.

The realisation of the Constitutional right to a healthy environment is dependent on the ability of individuals, communities, civil society organisations, companies and decision-makers to access information about the state of the environment and the impact of human activities.

In July 2010, the CER, with the support of the Open Society Foundation for South Africa, began investigating and assessing the extent to which information about environmental decision-making and impacts was accessible to communities and civil society organisations. While we anticipated some difficulty in obtaining certain types of environmental information, we could not have predicted the astonishing results of this project: with a few notable… Continue reading...

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Stop treading water: What civil society can do to get water governance in South Africa back on track

By robyn | Published: March 7, 2012

Stop Treading WaterFor National Water Week 2012, the  Centre for Environmental Rights celebrates the central role that civil society has to play in water governance and water resource management by publishing a report entitled, “Stop Treading Water: What Civil Society can do to get Water Governance in South Africa Back on Track“.

The effective governance of South Africa’s scarce water resources plays a crucial role in the realisation of the Constitutional rights to a healthy environment and to have access to sufficient water. There is severe stress on water resources and their management, and the State faces extreme capacity and other challenges in meeting its obligations in relation to water governance.

In November 2011, with the support of the Konrad Adenauer Foundation, the Centre hosted a gathering of civil society representatives and key experts in water governance, whose inputs were the primary source of this report.

In this report, we identify some of the most pressing challenges for water governance, and make recommendations on how civil society can become involved… Continue reading...

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Call for Applications: Legal Intern

By Dina | Published: February 13, 2012

The Centre for Environmental Rights, in collaboration with WWF-SA, calls for applications by suitably qualified and experienced candidates to take up a one-year legal internship contract with the Centre, starting on 1 March 2012. This internship is funded by WWF-SA, but based at the Centre for Environmental Rights where legal interns work closely with the attorneys, and play an integral role, in the Centre’s work and operations.

Qualifications, skills and experience:

  • An LLB or equivalent tertiary qualification
  • Candidates must be currently enrolled or have completed an LLM in Environmental Law
  • A sound understanding of legal and procedural requirements for environmental decision-making and legal challenges
  • A good knowledge of recent environmental case law and recent legal developments
  • An ability to work independently, without constant supervision, and to take initiative
  • An ability to work effectively and creatively with limited resources
  • Excellent writing and legal drafting skills
  • Work experience in a legal practice or not for profit organisation, as well as experience working with communities and community organisations will be an advantage
  • A sensitivity to social issues and needs
  • A commitment to high quality client service

Key responsibilities:

The legal intern will:

    … Continue reading...

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