LCP4805 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE 1 September 2026

LCP4805
Assignment 1 Semester 2 2026
Unique number:
Due date: 1 September 2026


QUESTION 1

1.1 Environmental deterioration and the legal response

South Africa has experienced serious environmental deterioration through climate
change, especially in dry areas where water is already under pressure. The
proposed Thabametsi coal fired power station near Lephalale in Limpopo provides a
clear example because it was planned as a 1 200 MW plant that could operate until
at least 2061.1 The project was also expected to use about 1.5 million cubic metres
of water every year in a highly water stressed region.1 Its later climate assessment
estimated emissions of more than 8.2 million tonnes of carbon dioxide each year,
showing how one development could add to long term national climate risks. 1 These
risks include higher temperatures, worsening drought, pressure on water supplies
and damage to communities and ecosystems that depend on scarce natural

, QUESTION 1

1.1 Environmental deterioration and the legal response

South Africa has experienced serious environmental deterioration through climate
change, especially in dry areas where water is already under pressure. The
proposed Thabametsi coal fired power station near Lephalale in Limpopo provides a
clear example because it was planned as a 1 200 MW plant that could operate until
at least 2061.1 The project was also expected to use about 1.5 million cubic metres
of water every year in a highly water stressed region.2 Its later climate assessment
estimated emissions of more than 8.2 million tonnes of carbon dioxide each year,
showing how one development could add to long term national climate risks. 3 These
risks include higher temperatures, worsening drought, pressure on water supplies
and damage to communities and ecosystems that depend on scarce natural
resources.4

In Earthlife Africa Johannesburg v Minister of Environmental Affairs, the High Court
held that climate change impacts were relevant to the environmental authorisation of
the proposed coal power station.5 Section 24 of the Constitution protects everyone
against an environment harmful to health or wellbeing and requires reasonable
measures to prevent pollution and ecological degradation.6 NEMA supports this duty
by requiring environmental impacts and sustainable development to be considered
before listed activities are authorised.7 The Minister had accepted that the climate
impacts were not comprehensively assessed before authorisation, but still upheld the
authorisation and required the assessment afterwards. 8 The court found that this
approach was unlawful because important climate information had to be considered


1
Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (65662/16) [2017]
ZAGPPHC 58; [2017] 2 All SA 519 (GP) para 1.
2
Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (65662/16) [2017]
ZAGPPHC 58; [2017] 2 All SA 519 (GP) para 44.
3
Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (65662/16) [2017]
ZAGPPHC 58; [2017] 2 All SA 519 (GP) para 47.
4
Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (65662/16) [2017]
ZAGPPHC 58; [2017] 2 All SA 519 (GP) paras 6, 44 and 47.
5
Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (65662/16) [2017]
ZAGPPHC 58; [2017] 2 All SA 519 (GP) paras 87–91.
6
Constitution of the Republic of South Africa, 1996 s 24.
7
National Environmental Management Act 107 of 1998 ss 2, 24 and 24O.
8
Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (65662/16) [2017]
ZAGPPHC 58; [2017] 2 All SA 519 (GP) paras 65–67.