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.

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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    SONA 2012: A “massive infrastructure development drive”

    By mfourie | Published: February 9, 2012

    State of the Nation Address By His Excellency Jacob G Zuma, President of the Republic of South Africa on the occasion of the Joint Sitting Of Parliament, Cape Town

    9 Feb 2012

    Honourable Speaker of the National Assembly,
    Chairperson of the National Council of Provinces;
    Deputy Speaker of the National Assembly and Deputy Chairperson of the NCOP;
    Deputy President of the Republic, Honourable Kgalema Motlanthe;
    Former Deputy President FW De Klerk,
    Former Deputy President Baleka Mbete,
    Honourable Chief Justice of the Republic, and all esteemed members of the Judiciary;
    Honourable Chairperson of the SADC Parliamentary Forum and Speaker of the
    Parliament of Zimbabwe; Mr Lovemore Moyo,
    Honourable Ministers and Deputy Ministers,
    Honourable Minister of International Relations of the Republic of Angola, Mr Rebelo Chikoti,
    Honourable Minister of Foreign Affairs of the Republic of Mozambique, Mr Julio Baloi,
    Distinguished Premiers and Speakers of our Provinces;
    Chairperson of SALGA, and all local government leadership;
    Chairperson of the National House of Traditional Leaders;
    The Heads of Chapter 9 Institutions;
    The Governor of the Reserve Bank;
    Leaders of all… Continue reading...

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    “Bad luck will come to us”: A short film on the impacts of unrehabilitated clay mining on a Limpopo community

    By mfourie | Published: February 9, 2012

    Watch the second in our series of four short films on some of the cases undertaken by the Centre for Environmental Rights and Lawyers for Human Rights through their joint mining project. “Bad luck will come to us” features Mashile Phalane of the Batlhabine Foundation at Lenyenye near Tzaneen in Limpopo.

    In 2005, Blue Platinum Ventures reopened an old clay mine in Lenyenye, near Tzaneen in Limpopo. The clay is used for making bricks in their brickyard.

    In 2010, they started mining outside the area for which they had an approved management programme, encroaching on areas sacred to the community.

    Little, if any, rehabilitation has ever been done by Blue Platinum Ventures to contain the erosion which is threatening the health and safety of the Batlhabine community.

    It took the Batlhabine community 3 months to get copies of a notice issued to Blue Platinum Ventures by the Department of Mineral Resources. Despite the rapid and uncontrolled erosion of those pits which are beginning to encroach on private land, the DMR notice does not direct the company to rehabilitate the mining pits closest to the community.

    The film features Mashile Phalane from… Continue reading...

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    “I hate this in my life”: A short film on how coal mining in Mpumalanga is affecting local communities

    By mfourie | Published: February 8, 2012

    Watch the first in a series of four short films on some of the cases undertaken by the Centre for Environmental Rights and Lawyers for Human Rights through their joint mining project. “I hate this in my life” features farmer Samson Sibande, and the Wessleton community near Ermelo in Mpumalanga.

    I hate this in my life from Green Renaissance on Vimeo.

    In 2008 Samson Sibande bought a farm near Belfast, Mpumalanga. On the land was a small coal mine, abandoned by Cousins Coal without rehabilitation.

    Samson has been trying to get the information he needs to force Counsins Coal to come and rehabilitate the damage left by the mine, including large pits of polluted water. To date, Samson has been unable to obtain copies of any environmental management plans or financial provision information from the Department of Mineral Resources.

    Despite failing to rehabilitate the mine as required by law, Cousins Coal returned in 2012 and is attempting to obtain a new prospecting right on Samson’s farm.

    But what is happening on Samson’s farm is happening all over Mpumalanga. The community of Wessleton outside Ermelo has… Continue reading...

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    Media Release: Statement by Mining-Environment-Communities Alliance for the Mining Indaba

    By mfourie | Published: February 7, 2012

    Media Release: Mining-Environment-Communities Alliance: Statement for the Mining Indaba

    • lack of consultation with civil society and communities on MPRDA Amendment Bill
    • DMR and mining companies’ resistance to access to information
    • mines without water use licences, and a downward trend in quality of water use licences
    • absent community voices and a challenge to the Mining Indaba

    The Mining-Environment-Communities Alliance

    1. For the past two years, there has been ongoing engagement between civil society, community organisations, academic institutions and law clinics increasingly concerned about the impacts of mining on the environment and on the communities that rely on those natural resources.  This coalition has now evolved into a Mining-Environment-Community Alliance that works together to implement a civil society legal strategy to promote environmental compliance, transparency and accountability in mining.
    2. The focus of our concern and endeavours is not to oppose mining, but to ensure that adequate assessment and mitigation of detrimental impacts take place within reasonable timeframes before prospecting and mining are commenced, followed by predictable compliance monitoring of requirements set, and strong enforcement action taken when non-compliance is found. This is the only

    … Continue reading...

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    Media Invitation: Film Screening and Panel Discussion on Experiences of Communities Affected by Environmental Impacts of Mining

    By mfourie | Published: February 1, 2012

    Media Invitation: Film Screening and Panel Discussion on the Experiences of Communities Affected by Environmental Impacts of Mining

    Centre for the Book, Queen Victoria Street, Cape Town

    8:30 to 11:00, Wednesday, 8 February 2012

    For the past two years, there has been ongoing engagement between civil society, community organisations, academic institutions and law clinics increasingly concerned about the impacts of mining on the environment and on the communities that rely on those natural resources.  This coalition has now evolved into a Mining-Environment-Community Alliance that works together to implement a civil society legal strategy to promote environmental compliance, transparency and accountability in mining.

    Every year, Cape Town hosts the Investing in African Mining Indaba, which describes itself as “the world’s largest gathering of miners, explorers, project developers, mining analysts, fund managers, investment specialists, financiers and many other professions.” Communities directly affected by the environmental impacts of poorly managed and poorly regulated mining are generally excluded from events like this. Therefore in 2012, the Mining-Environment-Community Alliance would like to create an opportunity for the voices of our community partners to be heard.

    You are invited… Continue reading...

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    Media Release: Civil Society and Community Organisations Challenge Draconian South African Weather Service Amendment Bill

    By mfourie | Published: January 23, 2012

    Tomorrow, 24 January 2012, and 25 January 2012, Parliament will hold public hearings on the South African Weather Service Amendment Bill, 2011.

    Many civil society and community organisations, including groundWork [1], the South Durban Community Environmental Alliance (SDCEA) [2], and the Vaal Environmental Justice Alliance (VEJA) [3], are particularly concerned about the offence the Amendment Bill proposes if an air pollution-related warning (which is not defined in the Bill) is issued without written permission from the South African Weather Service. If the Bill is passed in its current format, this offence is likely to have negative implications for the environment, public health, and particularly, civil society participation in environmental governance and community information dissemination.

    Community organisations who conduct independent monitoring of air quality by sending samples for laboratory analysis, and advising the public (including through media releases) of the results of such analyses, face a R5 million fine and/or five years’ imprisonment for a first conviction of this offence. They can also be held liable for any loss or damage that arises as a result of the offence. This is despite the fact that such organisations disclose air pollution-related information in the… Continue reading...

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    Submissions on the South African Weather Service Amendment Bill, 2011

    By robyn | Published: January 18, 2012

    Photo: groundWork

    On 12 January 2012, the Centre for Environmental Rights made submissions to the Parliamentary Portfolio Committee on Water and Environmental Affairs on the South African Weather Service Amendment Bill, 2011 on behalf of groundWork, the South Durban Community Environmental Alliance and the Vaal Environmental Justice Alliance.

    Many civil society and community organisations are particularly concerned about the offence the Amendment Bill proposes if an air pollution-related warning (which is not defined in the Bill) is issued without written permission of the South African Weather Service. For the reasons we set out in the submissions, if the Bill is passed in its current format, this offence is likely to have negative implications for the environment, public health, and particularly, civil society participation in environmental governance.

    Public hearings on the Bill will be held in Parliament on 24 and 25 January 2012.

    The South African Weather Service Act, 2001, as well as the South African Weather Service Amendment Bill, 2011 are available here.

    Read more about the Centre’s work on pollution, waste and land use here.

    Posted in News | 1 Comment

    Invitation to attend Western Cape Environmental Compliance and Enforcement Lekgotla

    By mfourie | Published: January 16, 2012

    The Department of Environmental Affairs and Development Planning and the Institute of Marine and Environmental Law, Faculty of Law (University of Cape Town) are convening the first Western Cape Environmental Compliance and Enforcement Lekgotla.

    Date: Wednesday, 25 January 2012
    Time: 08:15 – 13:30
    Venue: Oliver Tambo Moot Court, 5th Floor, Kramer Law Building, Middle Campus, University of Cape Town
    RSVP: Please RSVP to Achmad Bassier at achmad.bassier@pgwc.gov.za by Friday, 20 January 2012.

    A programme and more information can be downloaded here.

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    National Environmental Management Laws Amendment Bill, 2011: Latest version of Bill and Explanatory Memo now available

    By mfourie | Published: January 13, 2012

    On 30 December 2011, the Minister of Environmental Affairs published an explanatory memorandum for the National Environmental Management Laws Amendment Bill, 2011, to be introduced in Parliament in February 2012. You can view both the August and November 2011 versions of the draft amendment bill, the Explanatory Memo, as well as the CER’s comments on the draft amendment bill published in August 2011, here.

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