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.

Author Archives: Dina

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

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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Call for Applications: Legal Intern

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:

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    Parliamentary Q&As: PAIA

    Posted in Parliamentary Q&A | Leave a comment

    Lagoon Bay Lifestyle Estate (Pty) Ltd v The Minister of Local Government, Environmental Affairs and Development Planning of the Western Cape and others

    Court: Western Cape High Court
    Case number or citation: 10751/2011
    Date of judgement: 18 and 19 August 2011
    Judge: Griesel J
    Type of application: Declarator
    Legislation considered: Land Use Planning Ordinance 15 of 1985 and the Development Facilitation Act 67 of 1995
    Download this judgment in PDF here.

    Media coverage:

    Posted in High Courts, Judgements, Virtual Library | Leave a comment

    Minister Molewa’s Budget Vote Speech for the DEA and DWA in the NCOP: Access to water, enforcement, water security and environmental integrity

    23 June 2011

    Honourable Chairperson of the National Council of Provinces (NCOP);
    Honourable Deputy Minister, Mme Rejoice Mabudafhasi, MP;
    Honourable Chairperson of the Select Committee
    Honourable Members of the Select Committee;
    Honourable Members of Parliament;
    Distinguished Chairpersons and Chief Executives of Public Entities;
    Distinguished guests;
    Ladies and gentlemen;

    It is a great honour for me to stand here before you to deliver my first Budget Review in the National Council of Provinces as the Minister of Water and Environmental Affairs.

    I sincerely welcome the opportunity to share with the Honourable Members, the progress made, the challenges ahead and plans for the management of our environmental and water resources and ensure service delivery and to all our people.

    Honourable chairperson just a month ago the people of South Africa spoke through the ballot box in the 2011 local government elections, placing their confidence in the ANC government. We will not disappoint them.

    It is against this background that I would like to share with you some of the milestones that we have achieved and are working towards.

    In the water sector, when the government

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    Posted in Budget Speeches, News, Virtual Library | Leave a comment

    Water Services Act, 1997

    Act 108 of 1997

    Download this Act in PDF here.

    Regulations and other documents issued under this Act:

    • Regulations relating to compulsory national standards and measures to conserve water in Government Notice No. 509 of 8 June 2001 can be dowloaded here.
    • Norms and standards in respect of tariffs for water services in terms of section 10(1) of the Water Services Act in Government Notice No. 652 of 20 July 2001 can be downloaded here.
    • Water Services Provider Contract Regulations in Government Notice No. 980 of 19 July 2002 can be downloaded here.

    Delegations under this Act:

    The Minister of Water Affairs has delegated various powers under the Water Services Act, and these delegations can be downloaded here.

    Posted in Legislation, National Legislation, Virtual Library, Water | Leave a comment

    CER welcomes moratorium on Karoo fracking

    Today Cabinet announced its endorsement of the decision by the Department of Minerals to invoke a moratorium on fracking in the Karoo.

    The Centre for Environmental Rights welcomes the decision by Cabinet to “fully research the full implications of the proposed fracking”, as well as Cabinet’s statement that the environment will not be compromised. We hope this process will be conducted transparently and in consultation with all affected communities.

    This decision will come as a relief to thousands of people, both living in the Karoo and all over South Africa, who have expressed great anxiety at the potential implications of hydraulic fracking on the sensitive Karoo environment and on our scarce water resources.

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    One licence to cut red tape

    MiningMX, 8 February 2011

    Mining companies might in future be able to apply for integrated mining permits, which would not only cover the right to mine but also indicate compliance to environmental legislation.

    Mines Minister Susan Shabangu said on Tuesday talks are at an early stage with the departments of water affairs and environmental affairs to grant miners a single licence which will cover all aspects of regulatory compliance.

    Shabangu made reference to this prospect when she said the granting of prospecting rights on environmentally sensitive areas was one of the issues exposed during the current audit of prospecting rights. This is taking place in conjunction with a moratorium on the acceptance of new applications.

    She said the moratorium, due to be lifted in March, would stay in place for another two to three months in Mpumalanga due to a large number of unresolved environmentally-related cases.

    Shabangu also warned that rights granted on sensitive areas would eventually be revoked. “It is so that those rights were granted, so we now have to address this issue,” she said. “We cannot jeopardise sensitive areas for the sake of mining.”

    The audit also exposed cases where… Continue reading...

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    Govt given a week to speak about acid mine worries

    NGO and community representatives on a tour of the acid mine drainage hotspots on the West Rand, 18 January 2011. At Robinson Lake, a declared radioactive site. (Photo: John Wesson)

    Eye Witness News, 26 January 2011

    Government was on Tuesday given a week to demonstrate to environmentalists what it is doing about acid mine drainage or face legal action.

    A coalition of attorneys and environmentalists wrote to the Inter-Ministerial Committee (IMC) on Acid Mine Drainage demanding greater transparency and evidence of concrete action.

    It said in the five months since the IMC formed, nothing has been done to stem the flow of millions of litres of acidic water on the West Rand.

    The Centre of Environmental Rights Attorney Dina Townsend said government is not fulfilling its obligation to secure a healthy environment.

    “We are arguing that where the state has failed to take reasonable measures it is in violation of its constitutional obligation,” said Townsend.

    Earthlife’s Judith Taylor said the acid water spilling from disused mine shafts is destroying rivers, polluting ground water and affecting crops.

    The Water Affairs Department is looking into the matter.

    (A copy of the NGO letter to the IMC and media statement dated 25 January 2011 can be downloaded here.)

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    The Inter Ministerial Council on Acid Mine Drainage

    NGO and community representatives on a tour of the acid mine drainage hotspots on the West Rand, 18 January 2011. At Robinson Lake, declared radioactive site. (Photo: John Wesson)

    On 25 January 2011, the Centre for Environmental Rights and 51 other civil society organisations and individuals addressed a letter to the Minister of Mineral Resources, the Minister of Water and Environmental Affairs, the Minister in the Presidency for National Planning, The Minister of Science and Technology and the Minister of Finance in their capacity as members of the Inter Ministerial Committee on Acid Mine Drainage.

    Download a copy of the letter here.

    Download a copy of the media statement here.

    Media coverage:

    Continue reading...

    Posted in Key Correspondence | Leave a comment
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