The Deadly Air Case Heads to the Supreme Court of Appeal
WHAT: On 28 August, the ongoing legal battle for clean air in South Africa, led by social and environmental justice groups groundWork and the Vukani Environmental Justice Movement (VEM), will reach a critical juncture as the “Deadly Air” case is heard by the Supreme Court of Appeal in Bloemfontein.
BACKGROUND: The case, originally launched in 2019, challenges the South African government’s failure to enforce regulations that would protect communities from toxic air pollution in the Highveld Priority Area (HPA). This area was declared a priority in 2007 due to dangerously high levels of air pollution, yet the government’s inaction has continued to jeopardize the health and wellbeing of millions living nearby.
The High Court in Pretoria delivered a landmark ruling in March 2022, affirming that the government’s failure to regulate air quality in the HPA was a violation of section 24 of the South African Constitution, which guarantees the right to an environment not harmful to health or wellbeing. The judgment declared that this right is immediately realizable, not merely a progressive aspiration.
Despite this victory, the Minister of the Environment is appealing a critical technical point: whether the Air Quality Act’s provision that the Minister “may” make regulations should be interpreted as “must” in this context. This argument will now be presented before the judges of the Supreme Court of Appeal.
WHY IT MATTERS: This case arrives at a time when legal protections against air pollution are under severe threat. Recent decisions by former Minister Creecy and current Minister George have granted significant exemptions to major polluters like Eskom, Sasol, and ArcelorMittal, allowing them to bypass compliance with the Minimum Emissions Standards. These standards are vital for controlling levels of toxic pollutants such as sulfur dioxide, nitrogen dioxide, and particulate matter.
The implications of this case are profound, as ongoing pollution has been linked to severe health impacts, including lung cancer, ischaemic heart disease, chronic obstructive pulmonary disease, strokes, lower respiratory infections, and asthma. The outcome of this appeal will be crucial in determining whether the state will be compelled to take stronger action to protect the health and lives of millions of South Africans.
WHERE: Supreme Court of Appeal in Bloemfontein
WHEN: 28 August 2024 – 09h00 to 12h00
Media Access: Journalists and media outlets are invited to cover this significant court hearing. For more information, interviews, or to receive updates on the case, please contact:
Lerato Balendran, CER Head of Communications
About groundWork and VEM:
groundWork and the Vukani Environmental Justice Movement are committed to advancing environmental justice in South Africa.
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Read more about the background and chronology of the #DeadlyAir case, the landmark 18 March High Court judgement, an analysis on why this judgment matters, expert analysis finding Eskom to be the world’s worst polluting power company, the health impacts of air pollution on the Mpumalanga Highveld HPA and the history of the area as a High Priority Area.
[https://lifeaftercoal.org.za/about/deadly-air]
