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Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd

1 April 2019

High Court of the Republic of South Africa, Gauteng Division, Pretoria 

Case No. CC 82/2017

Date: 25 March and 1 April 2019

Judge: Spilg J

In this matter, BP Southern Africa (Pty) Ltd (BP) was found guilty of offences in terms of the Environment Conservation Act, 1989 (ECA) and the National Environmental Management Act, 1998 (NEMA). The Court found that BP commenced listed activities related to the construction and management of filling stations without environmental authorisation in terms of those Acts.

This is the first successful private prosecution under section 33 of NEMA.

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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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