PER/PELJ - Pioneer in peer-reviewed, open access online law publications
Author Ledile Sekwakwa
Affiliation North-West University, South Africa
Email ledilemerriam@gmail.com
Date Submitted 26 April 2023
Date Revised 8 February 2024
Date Accepted 8 February 2024
Date Published 20 September 2024
Guest Editor Prof O Fuo
Journal Editor Prof W Erlank
How to cite this contribution
Sekwakwa L "Structural Interdicts for Environmental Rights Violations? South African Human Rights Commission v Msunduzi Local Municipality and Others (8407/2020P) [2021] ZAKZPHC 35*" PER / PELJ 2024(27) - DOI http://dx.doi.org/10.17159/1727-3781/2024/v27i0a16044
Copyright
DOI http://dx.doi.org/10.17159/1727-3781/2024/v27i0a16044
Abstract
|
The environmental right, as provided in section 24 of the |
---|
Keywords
Environmental rights; local government; municipality; structural interdict; supervisory order.
……………………………………………………….
1 Introduction
Section 24 of the Constitution of the Republic of South Africa, 1996 (Constitution) recognises the right to the environment in order to ensure the health and well-being of the present and future generations.
1
. * Ledile Sekwakwa. LLB (Cum Laude) LLM. Researcher, South African Research Chair in Cities, Law and Environmental Sustainability, Faculty of Law, North-West University. Email: ledilemerriam@gmail.com. ORCiD: orcid.org/0000-0002-4103-3218. The author wishes to thank the following people for their contributions in the early stages of preparing this article: Professor Anel du Plessis, Dr John Rantlo and Dr Nonhlanhla Ngcobo. This work is based on research conducted with the financial support of the National Research Foundation of South Africa (Grant No 115581). All viewpoints and any errors are the author's own. 1 Section 24 of the Constitution of the Republic of South Africa, 1996 (the Constitution). 2 SAHRC 2004 https://www.sahrc.org.za/home/21/files/Economic%20and%20Social %20Rights%20Reports.pdf xxi. 3 SAHRC 2004 https://www.sahrc.org.za/home/21/files/Economic%20and%20Social %20Rights%20Reports.pdf xxi. 4 Section 1 of the National Environmental Management Act 107 of 1998 (NEMA); also see Du Plessis and Nel "An Introduction'' 12. 5 Section 24 read with s 7(2) of the Constitution. 6 Pheko v Ekurhuleni Metropolitan Municipality (No 3) (CCT19/11) [2016] ZACC 20 (26 July 2016) (Pheko case) para 1. 7 Pheko case para 1.
regard the courts ensure that municipalities perform their environmental duties through the remedies or orders they make, such as interdicts.
8
8 Pheko case para 1.
The author's aim is not to rehearse the details found in case law and literature, such as the content available in Du Plessis A (ed) Environmental Law and Local Government in South Africa 2nd ed (Juta Cape Town 2021). Instead, the intention is to establish a theoretical basis for this note. Against this background this note aims to determine whether the structural interdict can constitute an appropriate and effective relief for municipal violations of environmental rights. The structure of this paper is as follows: the first section analyses the legal framework for the municipal environmental mandate. An overview of the meaning and a discussion of the relevance of a "structural interdict" are given in the second section. The third section provides a brief background of the South African Human Rights Commission v Msunduzi Local Municipality (Msunduzi) case.
9
9 South African Human Rights Commission v Msunduzi Local Municipality (8407/2020P) [2021] ZAKZPHC 35 (17 June 2021) (Msunduzi case).
2 The legal framework for the municipal environmental mandate
The hierarchy for South African environmental legislation flows down from the Constitution, which, apart from the section 24 environmental right also contains several other rights with direct or incidental bearing on the environment.
10
10 Nel and Alberts "Environmental Management and Environmental Law" 38. One of the rights which has an indirect environmental bearing is the right to administrative justice. 11 Section 24(b) of the Constitution. 12 Section 1 of NEMA; Nel and Alberts "Environmental Management and Environmental Law" 38.
Together with the Constitution, NEMA and the environmental sector acts, serve as an environmental legal framework, outlining the basic principles that, among other things, underpin the relationship among the people, the environment, and the government.
13
13 Section 2 of NEMA. 14 Section 40(1) of the Constitution. 15 Section 40(1) of the Constitution. 16 For instance, see s 156(1)(a) of the Constitution. 17 Section 41(1)(h) of the Constitution. 18 Section 152(1)(b) read with s 156(1)(a) of the Constitution.
Although the "environment" is listed as a concurrent function of national and provincial competence in terms of schedule 4A,
19
19 Schedule 4A of the Constitution. 20 Fuo "Environmental Rights Protected in the Constitution" 4. 21 Du Plessis 2015 PELJ 1856. 22 Section 7(2) of the Constitution; this section, in conjunction with s 24, establishes municipalities as co-responsible, along with the other two spheres of government and all other organs of state, for safeguarding, realising, and promoting an environment that does not pose a risk to health and thereby, people's well-being. 23 Section 152(1)(d) of the Constitution. 24 Section 11(3)(l) of the Local Government: Municipal Systems Act 32 of 2000.
According to section 156(1) of the Constitution, a municipality is granted executive authority over local government matters listed in relevant schedules of the Constitution, along with any responsibilities assigned to it
by the national and provincial government.
25
25 Section 156(1) of the Constitution. 26 Section 156(1) read with schedules 4B and 5B of the Constitution. 27 Le Sueur v eThekwini Municipality (9714/11) [2013] ZAKZPHC 6 (30 January 2013) (Le Sueur case). 28 Le Sueur case para 3; Humby 2014 PELJ 1661. 29 Du Plessis 2015 PELJ 1859. 30 Le Sueur case para 34. 31 Le Sueur case para 40; Du Plessis 2015 PELJ 1860.
The precedent set in the Le Sueur case is essential in confirming that municipalities have the authority to legislate on environmental matters.
32
32 Humby 2014 PELJ 1685. 33 Section 2(1) of NEMA. 34 Section 28 of NEMA. 35 Chauke Critical Analysis of the Law on Duty of Care to the Environment 20. 36 Section 2(4)(p) of NEMA stipulates that the expenses associated with addressing pollution, environmental degradation, resultant adverse health effects, and the efforts to prevent, control, or minimise further pollution, environmental damage, or adverse health effects must be borne by those responsible for causing harm to the environment.
may cause significant environmental pollution or degradation.
37
37 Section 28(1) of NEMA. 38 Section 28(1) of NEMA; Erasmus 2011 https://static.pmg.org.za/docs/ 120828analysis_0.pdf 3. 39 Oosthuizen et al "National Environmental Management Act 107 of 1998'' 177.
The literature reveals that the measures listed in section 28(3) of NEMA
40
40 Section 28(3) of NEMA states that the reasonable measures to be taken by any person responsible for, or potentially causing, significant pollution or degradation of the environment may encompass actions such as: (a) investigating, assessing, and evaluating the environmental impact; (b) informing and educating employees about the environmental risks associated with their work and the proper procedures to prevent significant pollution or degradation; (c) discontinuing, altering, or controlling any act, activity, or process causing the pollution or degradation; (d) containing or preventing the movement of pollutants or the factors causing degradation; (e) eliminating any source of pollution or degradation; or (f) addressing and rectifying the effects of the pollution or degradation. 41 Oosthuizen et al "National Environmental Management Act 107 of 1998'' 179. 42 Oosthuizen et al "National Environmental Management Act 107 of 1998'' 179. 43 Section 28(4) of NEMA; the section stipulates that the Director-General, the Director-General of the department responsible for mineral resources, or a provincial head of the department, may, following adequate opportunity for affected parties to disclose their relevant interests, instruct any person causing, having caused, or likely to cause significant pollution or degradation of the environment to: (a) halt any activity, operation, or undertaking; (b) investigate, evaluate, and assess the impact of specific activities and submit a report; (c) initiate specific measures by a designated date; (d) diligently pursue and maintain those measures; and (e) conclude those measures by a specified reasonable date. It is important to note that if urgent action is imperative for environmental protection, the Director-General or a provincial head of the department may issue such a directive, subsequently consulting and providing an opportunity to inform as soon as reasonably possible.
or environmental degradation.
44
44 Section 28(12) of NEMA.
3 Structural interdict: an overview
In South Africa, Chapter 8 of the Constitution governs the judiciary. Section 165 of the Constitution rests the judicial authority of the Republic upon the courts, emphasising their independence, which is subject only to the Constitution and the law.
45
45 Section 165(2) of the Constitution. 46 Section 165(2) of the Constitution. 47 Section 165(5) of the Constitution. 48 Kotze and Du Plessis 2010 Journal of Court Innovation 160.
Section 172(1)(b) of the Constitution allows courts to issue "any order that is just and equitable" in constitutional matters. This section empowers courts to make orders such as structural interdicts to ensure compliance. It has been established that "a structural interdict consists in part of an interdictory relief".
49
49 An interdict is a form of order that declares what the legal position is, but it can also tell a party to do something (a mandatory interdict) or not to do something (a prohibitory interdict). 50 Thakur 2018 https://hsf.org.za/publications/hsf-briefs/structural-interdicts-an-effective-means-of-ensuring-political-accountability. 51 Swanepoel Potential of Structural Interdicts 84. 52 Swanepoel Potential of Structural Interdicts 85.
be undertaken.
53
53 Swanepoel Potential of Structural Interdicts 85. 54 Swanepoel Potential of Structural Interdicts 85. 55 Swanepoel Potential of Structural Interdicts 85. 56 Swanepoel Potential of Structural Interdicts 85. 57 Swanepoel Potential of Structural Interdicts 85.
A structural interdict is made up of five elements.
58
58 Currie and De Waal Bill of Rights Handbook 199; Woolman et al 2018 https://constitutionallawofsouthafrica.co.za/wp-content/uploads/2018/10/Chap09.pdf. 59 Currie and De Waal Bill of Rights Handbook 199; Woolman et al 2018 https://constitutionallawofsouthafrica.co.za/wp-content/uploads/2018/10/Chap09.pdf. 60 Currie and De Waal Bill of Rights Handbook 199; Woolman et al 2018 https://constitutionallawofsouthafrica.co.za/wp-content/uploads/2018/10/Chap09.pdf. 61 Currie and De Waal Bill of Rights Handbook 199; Woolman et al 2018 https://constitutionallawofsouthafrica.co.za/wp-content/uploads/2018/10/Chap09.pdf. 62 Swanepoel Potential of Structural Interdicts 85. 63 Currie and De Waal Bill of Rights Handbook 199. 64 Currie and De Waal Bill of Rights Handbook 199.
plan or associated requirements following this step is considered contempt of court.
65
65 Currie and De Waal Bill of Rights Handbook 199.
The structural interdict is a valuable tool to combat potential non-compliance.
66
66 Mbazira Socio-Economic Rights Project 17. 67 Mbazira Socio-Economic Rights Project 17. 68 Swanepoel Potential of Structural Interdicts 85.
Accordingly the aim of a structural interdict is not simply to "deter, as is the case with most other constitutional remedies, but rather to remedy the structural violation by focusing on changes that need to be effected in institutional or organisational design and functioning".
69
69 Swanepoel Potential of Structural Interdicts 85. 70 Swanepoel Potential of Structural Interdicts 85; Thakur 2018 https://hsf.org.za/publications/hsf-briefs/structural-interdicts-an-effective-means-of-ensuring-political-accountability. 71 Msunduzi case.
4 SAHRC v Msunduzi case: background and decision
The case of South African Human Rights Commission v Msunduzi Local Municipality had to do with the New England Road Landfill Site in Pietermaritzburg (the landfill site) and the purported failure of the Msunduzi Municipality (the Municipality) to fulfil its constitutional duty in managing and maintaining the landfill site in a way that did not negatively impact on the health and well-being of the residents of Pietermaritzburg and the
neighbouring areas.
72
72 Msunduzi case para 1. 73 The South African Human Rights Commission is a national institution established in terms of Chapter 9 of the Constitution. The constitutional role of the Commission is to protect and promote the fundamental human rights enshrined in Chapter 2 of the Constitution as well as inter alia to take steps to secure appropriate redress where human rights have been violated. 74 Chapter 9 of the Constitution. 75 Section 38 of the Constitution; a person seeking remedy has the option to act in his or her own interest, on behalf of a group or class of people whose interests are impacted, or in the broader public interest. 76 Section 32 of NEMA stipulates that any person or group of persons has the right to seek suitable remedies concerning any actual or imminent violation of any provision within this Act or SEMA. 77 Msunduzi case paras 4 and 5.
The brief facts of the case are that the Msunduzi Local Municipality had a long history of non-compliance with its duties under NEMA, the National Water Act,
78
78 National Water Act 36 of 1998 (the National Water Act). 79 Msunduzi case para 32. 80 Msunduzi case para 101. 81 These provisions included s 20(b) of the National Environmental Management: Waste Act 59 of 2005 (the Waste Act), ss 31L(4), 28(1)and (3) of NEMA and s 19(1) of the National Water Act and its obligation in terms of international law.
in a way that would not endanger their health and welfare.
82
82 Msunduzi case para 14. 83 Msunduzi case para 14. 84 Msunduzi case para 32.
Following the investigation by the Commission, the then National Department of Environmental Affairs conducted audits on the site, together with the MEC, engaging with the Municipality to improve its management and operation of the landfill site.
85
85 Msunduzi case para 33 read with para 36. 86 Section 31L of NEMA empowers an environmental management officer to issue a compliance notice; s 31L(1)of NEMA provides that an environmental management inspector, within his or her mandate in terms of s 31D, may issue a compliance notice in the prescribed form and following a prescribed procedure if there are reasonable grounds for believing that a person has not complied— (a) with a provision of the law for which that inspector has been designated in terms of s 31D; or (b) with a term or condition of a permit, authorisation or other instrument issued in terms of such law. 87 Msunduzi case para 42. 88 Msunduzi case para 42. 89 Msunduzi case para 46. 90 Msunduzi case para 46; at the time of writing this note the criminal case was still pending. 91 Msunduzi case para 44; the Department eventually received the Municipality's response to one of the compliance notices of 26 July 2019, together with a draft action plan, but the action plan was never effectively implemented by the Municipality, which led to significant fires breaking out at the landfill site.
The Commission approached the court, seeking an interdict that would bring the Municipality into compliance with its constitutional obligation relating to managing and operating the landfill site. The relief sought by the
Commission was two-fold.
92
92 Msunduzi case para 10. 93 Msunduzi case para 10. 94 Msunduzi case para 10.
Against the above background the issue before the court was whether the Municipality's violation of its WML, the compliance notices issued by the Department and the MEC, and the applicable legislation mentioned above constituted a violation of section 24 of the Constitution.
95
95 Msunduzi case para 69. 96 Msunduzi case para 69.
The court held that it is evident that the operation and management of a landfill site is a highly regulated activity.
97
97 Msunduzi case para 73. 98 Msunduzi case para 85. 99 Msunduzi case para 86. 100 Section 16 of the Waste Act provides as follows; "(1) a holder of waste must, within the holder's power, take all reasonable measures to— (a) avoid the generation of waste and where such generation cannot be avoided, to minimise the toxicity and amounts of waste that are generated; (b) reduce, reuse, recycle and recover waste; (c) where waste must be disposed of, ensure that the waste is treated and disposed of in an environmentally sound manner; (d) manage the waste in such a manner that it does not endanger health or the environment or cause a nuisance through noise, odour or visual impacts; (e) prevent any employee or any person under his or her supervision from contravening this Act; and ( f ) prevent the waste from being used for an unauthorised purpose. (2) Any person who sells a product that may be used by the public and that is likely to result in the generation of hazardous waste must
take reasonable steps to inform the public of the impact of that waste on health and the environment. (3) The measures contemplated in this section may include measures to— (a) investigate, assess and evaluate the impact of the waste in question on health or the environment; (b) cease, modify or control any act or process causing the pollution, environmental degradation or harm to health; (c) comply with any norm or standard or prescribed management practice; (d) eliminate any source of pollution or environmental degradation; and (e) remedy the effects of the pollution or environmental degradation. (4) The Minister or MEC may issue regulations to provide guidance on how to discharge this duty or identify specific requirements that must be given effect to, after following a consultative process in accordance with sections 72 and 73. (5) Subsection (4) need not be complied with if the regulation is amended in a non-substantive manner."
also required to manage waste in such a manner that it does not endanger the health of the citizenry or the condition of the environment.
101
101 Section 16 of the Waste Act.
The court indicated that the series of events presented before it by the Commission clearly demonstrated that there had been an abject failure on the part of the Municipality to comply with its WML and to fulfil its constitutional duties to the citizens of Pietermaritzburg and surrounding areas.
102
102 Msunduzi case para 88. 103 Msunduzi case para 90. 104 Msunduzi case para 109. 105 Msunduzi case para 109. 106 Msunduzi case para 4. 107 Msunduzi case para 4.
Given that the Commission had established that the Municipality had violated section 24 of the Constitution and the reasonable measures contemplated in section 24, it could be held that the court was prompted to order the declaratory relief sought.
108
108 Msunduzi case para 102.
ensure compliance by the Municipality with its constitutional obligations.
109
109 Msunduzi case para 103.
5 Structural interdict: reflections on the case law
This part of the case note analyses some cases where the court had to order a structural interdict to enforce judicial compliance. Early in the development of our constitutional jurisprudence South African courts granted structural interdicts as a remedy for cases involving socio-economic rights and rights with similar forms of positive obligation on the state.
110
110 Currie and De Waal Bill of Rights Handbook 199. 111 Mbazira 2008 SAJHR 9. 112 Mbazira 2008 SAJHR 9. 113 S v Zuba 2004 4 BCLR 410 (E) para 36. 114 Allpay Consolidated Investment Holdings (Pty) Ltd v Chief Executive Officer of the South African Social Security Agency (No 2) [2014] ZACC 12 (17 April 2014) (Allpay case). 115 Allpay case paras 1, 3 and 78. 116 Allpay case para 78.
Additionally, it issued a structural order that called on SASSA to update the court at certain points during the new tendering process.
117
117 Allpay case para 78. 118 Black Sash Trust v Minister of Social Development (CCT48/17) [2017] ZACC 8 (17 March 2017) (Black Sash case) para 3; CDH 2017
https://www.cliffedekkerhofmeyr.com/news/publications/2017/dispute/dispute-resolution-alert-16-march-private-sector-beware-current-sassa-cps-saga-is-a-significant-case-study-for-public-private-partnerships.html.
acknowledged this guarantee and revoked its supervisory order, thereby relinquishing control over the situation.
119
119 Black Sash case para 4. 120 Black Sash case para 6; Thakur 2018 https://hsf.org.za/publications/hsf-briefs/structural-interdicts-an-effective-means-of-ensuring-political-accountability. 121 Black Sash case para 7.
The Black Sash Trust v Minister of Social Development
122
122 Black Sash case. 123 Black Sash case para 23. 124 Black Sash case para 34; Thakur 2018 https://hsf.org.za/publications/hsf-briefs/structural-interdicts-an-effective-means-of-ensuring-political-accountability. 125 Black Sash case para 59. 126 Black Sash case para 59.
It is arguable that litigants win cases against the government, but the government does little or nothing to produce the tangible benefits that these litigants were entitled to expect from their success.
127
127 Davis 2004 ESR Review 6.
willingly the executive obeys court directives. When the executive fails to comply there is a real risk that the judiciary's authority will be compromised, weakening the rule of law. As already indicated, supervisory interdicts can also create unnecessary complications regarding the principle of the separation of powers.
128
128 Qumbu 2021 PELJ 16. 129 Qumbu 2021 PELJ 16.
6 Discussion
The progressive next step after ordering structural interdicts in the case of breaches of socio-economic rights sees courts now resorting to ordering structural interdicts even in cases involving the breach of environmental rights.
130
130 See for example, Featherbrooke Homeowners Association NPC v City of Mogale Local Municipality (High Court: Gauteng Local Division, Johannesburg) (unreported) case number 11292/2020 of 25 January 2021. 131 Trustees for the Time Being of Groundwork Trust v Minister of Environmental Affairs (39724/2019) [2022] ZAGPPHC 208 (18 March 2022) (DeadlyAir case). 132 DeadlyAir case para 241. 133 National Environmental Management: Air Quality Act 39 of 2004. 134 DeadlyAir case para 241. 135 DeadlyAir case para 241.
environmental law.
136
136 Werner, Wilson and De Waal 2022 https://www.cliffedekkerhofmeyr.com/export/ sites/cdh/news/publications/2022/Practice/Dispute/Downloads/Dispute-Resolution-Environmental-Law-Alert-21-April-2022.pdf. 137 Werner, Wilson and De Waal 2022 https://www.cliffedekkerhofmeyr.com/export/ sites/cdh/news/publications/2022/Practice/Dispute/Downloads/Dispute-Resolution-Environmental-Law-Alert-21-April-2022.pdf.
However, the exercise of supervisory powers by the court can be seen as the court overlapping into exercising executive powers, which amounts to replacing the power of the executive with judicial discretion.
138
138 Mbazira 2008 SAJHR 20. 139 Mbazira 2008 SAJHR 20. 140 Mbazira 2008 SAJHR 20. 141 Mbazira 2008 SAJHR 20.
It has been established that, in cases where an organ of state has failed to fulfil its constitutional mandate, courts have relied on structural interdicts to supervise the execution of a court order and the state's actions relative to the order. It can be stated that a structural interdict may be an appropriate remedy when a constitutional right has been breached, since it can remedy the breach by instructing the violator to take specific steps to comply with its obligations firstly and consequently to report back to the court on the extent to which it has adhered to the court's order.
It has become evident from the cases discussed above that the court order requiring perpetrators to report within a stipulated timeframe places the courts in a supervisory role in that regard. Fuo
142
142 Fuo 2013 Murdoch University Law Review 32.
safeguarding the environment. This deficiency positions the courts to assist disadvantaged communities by issuing structural interdicts, thereby overseeing and assisting local authorities in fulfilling their duty of care.
7 Conclusion
The precedent set in the Msunduzi case is essential in establishing that a structural interdict is an appropriate and effective remedy when the constitutional right to a healthy environment has been breached. It has been established that municipalities have a significant responsibility in realising section 24 of the Constitution. Based on the preceding discussions, it is proposed that courts can discharge their constitutional powers by issuing structural interdicts in cases where there exists a potential for non-compliance with environmental obligations by local government. An order of this sort would help local government to fulfil its environmental duties and regain the trust of the residents impacted. In this situation the court would serve as the guardian. However, structural interdicts have proven to present challenges which could be perceived as barriers. Therefore, from a theoretical standpoint this paper notes that the court's supervisory order is commendable since it may allow the court to exercise its supervisory jurisdiction to ensure that the government complies with its constitutional obligation to uphold environmental rights. However, research suggests that the success of a structural interdict depends in practice on how willingly the executive obeys the court's directives. In most cases executives tend to ignore the court's directives.
Upon ordering structural interdicts, as identified in part three above, it becomes increasingly important for the courts to prioritise sustainability in their decisions. This is because sustainability ensures that the right to a healthy environment is not a fleeting privilege but a right that can be enjoyed by generations to come. Sustainability stands as the central element in all policies pertaining to environmental rights in South Africa. Consequently, it is imperative for courts to deliver judgments that promote sustainability in the environmental context. As this paper has focussed exclusively on structural interdicts for environmental rights violations, it has become apparent that structural interdicts are necessary to ensure that the government's relevant spheres discharge their environmental duties. In this light, supervisory orders in cases of constitutional breaches concerning the right to a healthy environment are indispensable to the advancement of environmental rights.
Bibliography
Literature
Chauke Critical Analysis of the Law on the Duty of Care to the Environment
Chauke V Critical Analysis of the Law on the Duty of Care to the Environment in South Africa: Challenges and Prospects (LLM-dissertation University of Limpopo 2017)
Currie and De Waal Bill of Rights Handbook
Currie I and De Waal J The Bill of Rights Handbook 6th ed (Juta Cape Town 2014)
Davis 2004 ESR Review
Davis D ''Socio-Economic Rights in South Africa: The Record of the Constitutional Court after Ten Years'' 2004 ESR Review 3-7
Du Plessis 2015 PELJ
Du Plessis A "The 'Brown' Environmental Agenda and the Constitutional Duties of Local Government in South Africa: A Conceptual Introduction" 2015 PELJ 1846-1880
Du Plessis and Nel "An Introduction''
Du Plessis A and Nel JG "An Introduction'' in Du Plessis A (ed) Environmental Law and Local Government in South Africa 2nd ed (Juta Cape Town 2021) 1-40
Fuo "Environmental Rights Protected in the Constitution"
Fuo ON "Environmental Rights Protected in the Constitution" in du Plessis (eds) in Du Plessis A (ed) Environmental Law and Local Government in South Africa 2nd ed (Juta Cape Town 2021) 3-30
Fuo 2013 Murdoch University Law Review
Fuo ON "The Right of Access to Sufficient Water in South Africa: Comments on Federation for Sustainable Environment and Others v Minister of Water Affairs [2012] ZAGPPHC 128" 2013 Murdoch University Law Review 21-37
Humby 2014 PELJ
Humby T "Localising Environmental Governance: The Sueur Case" 2014 PELJ 1660-1689
Kotze and Du Plessis 2010 Journal of Court Innovation
Kotze LJ and Du Plessis A "Some Brief Observation on Fifteen Years of Environmental Rights in South Africa" 2010 Journal of Court Innovation 157-176
Mbazira Socio-Economic Rights Project
Mbazira C Socio-Economic Rights Project 3rd ed (Community Law Centre, University of Western Cape Cape Town 2008)
Mbazira 2008 SAJHR
Mbazira C ''From Ambivalence to Certainty: Norms and Principles for the Structural Interdicts in Socio-Economic Rights Litigation in South Africa" 2008 SAJHR 1-28
Nel and Alberts "Environmental Management and Environmental Law"
Nel JG and Alberts R "Environmental Management and Environmental Law in South Africa: An Introduction" in King ND, Strydom HA and Retief FP (eds) Environmental Management in South Africa (Juta Cape Town 2018) 1-55
Oosthuizen et al "National Environmental Management Act 107 of 1998"
Oosthuizen M et al "National Environmental Management Act 107 of 1998" in King ND, Strydom HA and Retief FP (eds) Environmental Management in South Africa (Juta Cape Town 2018) 125-207
Qumbu 2021 PELJ
Qumbu B "The Role of the Courts in Advancing Water Security in South Africa" 2021 PELJ 1-35
Swanepoel Potential of Structural Interdicts
Swanepoel P The Potential of Structural Interdicts to Constitute Effective Relief in Socio-Economic Rights Cases (LLD-thesis Stellenbosch University 2017)
Case law
Allpay Consolidated Investment Holdings (Pty) Ltd v Chief Executive Officer of the South African Social Security Agency (No 2) [2014] ZACC 12 (17 April 2014)
Black Sash Trust v Minister of Social Development (CCT48/17) [2017] ZACC 8 (17 March 2017)
Featherbrooke Homeowners Association NPC v City of Mogale Local Municipality (High Court: Gauteng Local Division, Johannesburg) (unreported) case number 11292/2020 of 25 January 2021
Le Sueur v eThekwini Municipality (9714/11) [2013] ZAKZPHC 6 (30 January 2013)
Pheko v Ekurhuleni Metropolitan Municipality (No 3) (CCT19/11) [2016] ZACC 20 (26 July 2016)
S v Zuba 2004 4 BCLR 410 (E)
South African Human Rights Commission v Msunduzi Local Municipality (8407/2020P) [2021] ZAKZPHC 35 (17 June 2021)
Trustees for the Time Being of Groundwork Trust v Minister of Environmental Affairs (39724/2019) [2022] ZAGPPHC 208 (18 March 2022)
Legislation
Constitution of the Republic of South Africa, 1996
Local Government: Municipal Systems Act 32 of 2000
National Environmental Management Act 107 of 1998
National Environmental Management: Air Quality Act 39 of 2004
National Environmental Management: Waste Act 59 of 2005
National Water Act 36 of 1998
Internet sources
CDH 2017 https://www.cliffedekkerhofmeyr.com/news/publications/2017/dispute/dispute-resolution-alert-16-march-private-sector-beware-current-sassa-cps-saga-is-a-significant-case-study-for-public-private-partnerships.html
Cliffe Dekker Hofmeyr 2017 Private Sector Beware: Current SASSA/CPS Saga is a Significant Case Study for Public-Private Partnership https://www.cliffedekkerhofmeyr.com/news/publications/2017/dispute/dispute-resolution-alert-16-march-private-sector-beware-current-sassa-cps-saga-is-a-significant-case-study-for-public-private-partnerships.html accessed 30 January 2023
Erasmus 2011 https://static.pmg.org.za/docs/120828analysis_0.pdf
Erasmus GJ 2011 An Analysis of Section 24G of the National Environmental Management Act https://static.pmg.org.za/docs/120828analysis_0.pdf accessed 30 January 2023
SAHRC 2004 https://www.sahrc.org.za/home/21/files/Economic%20and %20Social%20Rights%20Reports.pdf
South African Human Rights Commission 2004 5th Economic and Social Rights Report https://www.sahrc.org.za/home/21/files/Economic%20and %20Social%20Rights%20Reports.pdf accessed 1 February 2023
Thakur 2018 https://hsf.org.za/publications/hsf-briefs/structural-interdicts-an-effective-means-of-ensuring-political-accountability
Thakur C 2018 Structural Interdicts: An Effective Means of Ensuring Political Accountability? https://hsf.org.za/publications/hsf-briefs/structural-interdicts -an-effective-means-of-ensuring-political-accountability accessed 30 September 2022
Werner, Wilson and De Waal 2022 https://www.cliffedekkerhofmeyr.com/ export/sites/cdh/news/publications/2022/Practice/Dispute/Downloads/Dispute-Resolution-Environmental-Law-Alert-21-April-2022.pdf
Werner M, Wilson L and De Waal L 2022 The Deadly Air Case: How the High Court Confirmed the Right to a Healthy Environment https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2022/Practice/Dispute/Downloads/Dispute-Resolution-Environmental-Law-Alert-21-April-2022.pdf accessed 30 January 2023
Woolman et al 2018 https://constitutionallawofsouthafrica.co.za/wp-content/uploads/2018/10/Chap09.pdf
Woolman S 2018 et al Constitutional Law of South Africa https://constitutionallawofsouthafrica.co.za/wp-content/uploads/2018/10/Chap09.pdf accessed 30 January 2023
List of Abbreviations
CDH |
Cliffe Dekker Hofmeyr |
---|---|
CPS |
Cash Paymaster Services |
ESR Review |
Economic and Social Rights in South Africa |
MEC |
Member of the Executive Council |
NEMA |
National Environmental Management Act 107 of 1998 |
PELJ |
Potchefstroom Electronic Law Journal |
SAHRC |
South African Human Rights Commission |
SAJHR |
South African Journal on Human Rights |
SASSA |
South African Social Security Agency |
SEMA |
specific environmental management act |
WML |
Waste Management Licence |