, LCP4805
ASSIGNMENT 2 SEMESTER 2
2026
DUE 1 SEPTEMBER 2026
QUESTION 1
1.1. Environmental Deterioration in South Africa: The Highveld Air Pollution Crisis and Legal
Response
A compelling example of environmental deterioration in South Africa is the severe air pollution in
the Highveld Priority Area (HPA), a heavily industrialised region spanning Mpumalanga and
Gauteng provinces. This area houses numerous Eskom coal-fired power stations, Sasol's
petrochemical facilities, and extensive coal mines, making it one of the most polluted regions in the
country.
Nature and Extent of Environmental Damage
The environmental harm is extensive and well-documented. Studies demonstrate that air quality in
the HPA consistently exceeds legal limits, contributing to chronic respiratory illnesses and
premature death. Government-led research has indicated that approximately 10,000 lives could be
saved if national air quality standards were met. The pollution disproportionately affects
low-income and marginalised communities, with children, women, and persons with disabilities
bearing the heaviest burden. The region has been designated a priority area since 2007 due to
dangerously high pollution levels, yet the Highveld Priority Area Air Quality Management Plan,
published in 2012, remained unimplemented for over a decade due to the Minister's failure to
promulgate enforcement regulations.
Legal Response: GroundWork Trust and Vukani Environmental Movement v Minister of
Environmental Affairs
The legal response to this environmental crisis culminated in the landmark case Minister of
Environmental Affairs v Trustees for the Time Being of GroundWork Trust and Others.¹ In 2019, two
environmental justice organisations—GroundWork Trust and the Vukani Environmental
Movement—initiated legal proceedings, arguing that the government's failure to publish
regulations enforcing the Highveld Plan violated residents' constitutional right under section 24(a)
of the Constitution to an environment not harmful to health or well-being.
ASSIGNMENT 2 SEMESTER 2
2026
DUE 1 SEPTEMBER 2026
QUESTION 1
1.1. Environmental Deterioration in South Africa: The Highveld Air Pollution Crisis and Legal
Response
A compelling example of environmental deterioration in South Africa is the severe air pollution in
the Highveld Priority Area (HPA), a heavily industrialised region spanning Mpumalanga and
Gauteng provinces. This area houses numerous Eskom coal-fired power stations, Sasol's
petrochemical facilities, and extensive coal mines, making it one of the most polluted regions in the
country.
Nature and Extent of Environmental Damage
The environmental harm is extensive and well-documented. Studies demonstrate that air quality in
the HPA consistently exceeds legal limits, contributing to chronic respiratory illnesses and
premature death. Government-led research has indicated that approximately 10,000 lives could be
saved if national air quality standards were met. The pollution disproportionately affects
low-income and marginalised communities, with children, women, and persons with disabilities
bearing the heaviest burden. The region has been designated a priority area since 2007 due to
dangerously high pollution levels, yet the Highveld Priority Area Air Quality Management Plan,
published in 2012, remained unimplemented for over a decade due to the Minister's failure to
promulgate enforcement regulations.
Legal Response: GroundWork Trust and Vukani Environmental Movement v Minister of
Environmental Affairs
The legal response to this environmental crisis culminated in the landmark case Minister of
Environmental Affairs v Trustees for the Time Being of GroundWork Trust and Others.¹ In 2019, two
environmental justice organisations—GroundWork Trust and the Vukani Environmental
Movement—initiated legal proceedings, arguing that the government's failure to publish
regulations enforcing the Highveld Plan violated residents' constitutional right under section 24(a)
of the Constitution to an environment not harmful to health or well-being.
