The 2022 case of "The Trustees for the Time Being of Groundwork Trust and One Other v The Minister of Environmental Affairs and Others," famously coined the “Deadly Air case”, lead to a precedent setting outcome as the courts addressed the urgent need to take decisive action to reduce air pollution to ensure the protection of South African’s constitutional right to a healthy environment.
In this case, the Groundwork Trust, along with another party, took legal action against the Minister of Environmental Affairs and other relevant authorities, arguing that the government's failure to adequately regulate and enforce air quality standards violated the constitutional rights to a healthy environment and life. The Applicants argued that underprivileged populations were disproportionately affected by the government's inaction, which contributed to the widespread air pollution catastrophe, especially in th Highveld priority area which is riddled with coal powered stations.
The judgment in this case emphasized the state's constitutional obligation to protect the environment and uphold the rights of its citizens to a clean and healthy environment. It highlighted the importance of effective environmental governance and the enforcement of strict air quality regulations to ensure the public health and well- being.
Furthermore, the court's decision called on the need for proactive measures to address the root causes of air pollution, including reducing emissions from industrial sources, regulating vehicle emissions, and promoting sustainable development practices. This case also called for increased governmental accountability and action to see a tangible change in this crisis.
In addition to the Deadly Air case, other legislative authorities play a crucial role in shaping environmental policy and regulation in South Africa. The National Environmental Management: Air Quality Act of 2004 (NAMAQA) provides a comprehensive framework for managing air quality and controlling air pollution, empowering authorities to establish air quality standards, monitor air pollution levels, and enforce compliance with regulatory measures.
Moving forward, the legal scene surrounding air quality in South Africa continues to evolve, driven by ongoing advocacy, litigation, and policy reform efforts. It is crucial that stakeholders across sectors join forces to implement effective strategies for mitigating air pollution, protecting public health, and safeguarding the environment for future generations.
In conclusion, while the deadly air crisis in South Africa presents formidable challenges, legal interventions such as the Deadly Air case serve as precedent-setting milestones in the fight for environmental justice and accountability of government officials. By confirming the principles of constitutionalism and sustainable development, the judiciary plays a critical role in forming policies and practices that promote clean air and a healthy environment for all.
Author: Stephanie Oosthuizen
