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Earthlife Africa Johannesburg and another v Minister of Energy and others

April 26, 2017 at 12:00 pm

High Court of the Republic of South Africa, Western Cape Division, Cape Town

Citation: [2017] ZAWCHC 50

Date: 26 April 2017

Judge: Bozalek J (Baartman J concurring)

This matter concerned the steps taken by the State between 2013 and 2016 in furtherance of its nuclear power procurement programme. The court held that the relevant determinations made by the Minister of Energy in terms of the Electricity Regulation Act, 2006 in 2013 and 2016 were unlawful as affected persons and the public were not given an opportunity to to make representations on the proposals to make those determinations.

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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.

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