groundWork and VEM’s Section 24 challenge (Deadly Air Litigation)
A key aim of the Life After Coal campaign is to reduce polluting emissions from existing coal infrastructure and encourage a coal-phase out. An essential part of this campaign is to highlight the way in which the pollution from coal and other industries is affecting the health of ordinary people, particularly those living in Mpumalanga and Gauteng.
Deadly Air
In June 2019, after many years of advocacy, groundWork and the Vukani Environmental Movement, represented by the Centre for Environmental Rights, launched Constitutional litigation to request the Court to acknowledge that the poor ambient air quality in the Highveld Priority Area constitutes a violation of the right to an environment not harmful to health or well-being, and to order the government to promulgate regulations to give effect to the Highveld Air Quality Management Plan.
The Deadly Air matter was heard on 17 and 18 May 2021 and the judgment of the High Court of South Africa, Gauteng Division (Pretoria) was delivered on 18 March 2022 in favour of groundWork and the Vukani Environmental Movement.
Court documents
- Notice of Motion
- Rule 16A Notice
- Founding Affidavit
- Confirmatory Affidavit of Promise Mabilo
- Confirmatory Affidavit of Thomas Mnguni
- Rule 30A Application (Index, Notice of Motion and Founding Affidavit)
- Amended Notice of Motion (Rule 53(4)) (10 July 2020)
- Supplementary Founding Affidavit (10 July 2020)
- Confirmatory Affidavit of Timothy Lloyd (12 July 2020)
- Impact Assessment Implementation Regulations
- Notice of Opposition by Respondent (23 September 2020)
- Court directions (11 November 2020)
- Notice of Set Down (hearing from 17 – 19 May 2021)
- Answering Affidavit and Annexures
- Replying Affidavit of Sven Peek and Confirmatory Affidavit of Thomas Mnguni (26 February 2021)
- Applicants Supplementary Affidavit – March 2021
- Supplementary Affidavit of Timothy Lloyd
- Applicants Heads of Argument
- First and Second Respondents Respondents Heads of Argument for the Main Application -14 April 2021
Amicus Application: UN Special Rapporteur on Human Rights and the Environment
- Notice of Motion – UN Special Rapporteur on Human Rights and the Environment- David Boyd
- Amicus Admission Application Part 1
- Amicus Admission Application Part 2
- Amicus Admission Application Part 3
- Amicus Admission Application Part 4
- Amicus Admission Application Part 5
- Court order admitting David Boyd as amicus (5 November 2020)
- Affidavit in response to the amicus -Annexures Part 2 a
- Affidavit in response to the amicus – Annexures Part 2 b
- Final Papers in the Amicus – Heads of Argument – (26 March 2021)
High Court Judgment
- Deadly Air High Court judgment (18 March 2022)
- Minister’s Application for Leave to Appeal
- Minister’s Supporting Affidavit
Key Information
- Lawyers for Human Rights request to join Professor David Boyd as Amicus Curiae (2 July 2019)
- CER letter consenting to Professor David Boyd as Amicus Curiae (5 July 2019)
- Case management meeting minutes (5 November 2020)
- Impact Assessment – Implementation regulations Report
- Deadly Air High Court judgment (18 March 2022)