{"query_echo":{"q":"","filters":{"analysis_type":["judicial review"]},"warnings":[{"code":"facet_value_not_in_vocabulary","message":"Value 'judicial review' for facet 'analysis_type' is not in the controlled vocabulary."}]},"total":{"value":1,"relation":"eq"},"page":1,"page_size":20,"self":"https://climateinsightsdirectory.org/api/v1/search?analysis_type=judicial+review","stability":"beta","ai_marking":{"digital_source_type":{"uri":"http://cv.iptc.org/newscodes/digitalsourcetype/trainedAlgorithmicMedia","name":"Created using Generative AI"},"notice":"Summary and key insights are generated using artificial intelligence."},"results":[{"id":"cer-001603","url":"https://climateinsightsdirectory.org/document/cer-001603","title":"South African Iron and Steel Institute and Others v Speaker of the National Assembly and Others (NEMLAA matter)","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"legal commentary","language":"en","date_published":"2023-06-22","source_url":"https://cer.org.za/virtual-library/judgments/constitutional-court/south-african-iron-and-steel-institute-and-others-v-speaker-of-the-national-assembly-and-others-nemlaa-matter","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The Constitutional Court of South Africa ruled that Parliament failed its constitutional obligation to facilitate public involvement regarding material amendments to the National Environmental Management Laws Amendment Act 2 of 2022. Specifically, the court found that the expanded definitions of \"waste\", \"commercial value\", and \"trade in\", as well as a transitional provision, were introduced without sufficient public consultation. The court declared these provisions invalid and unconstitutional, noting that the expanded definition of \"waste\" could have severe impacts on the steel and fertilizer industries by including by-products and co-products as waste, potentially leading to criminal penalties including fines up to R10 million or 10 years imprisonment.","ai_generated":true,"unit":"cer-001603#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"The Constitutional Court declared four specific provisions of the National Environmental Management Laws Amendment Act 2 of 2022 invalid and unconstitutional: the amended definition of \"waste\" in section 61(k), the new definition of \"commercial value\" in section 61(c), the new definition of \"trade in\" in section 61(j), and the transitional provision in section 88.","ai_generated":true,"unit":"cer-001603#insight-1","date_modified":"2026-10-23"},{"text":"The court determined that the definition of \"waste\" in the final version of the Bill (F-Bill) was significantly more expansive than the version consulted on (D-Bill), constituting a material change that required further public consultation.","ai_generated":true,"unit":"cer-001603#insight-2","date_modified":"2026-10-23"},{"text":"Industry representatives from the steel and fertilizer sectors argued that the expanded definition of \"waste\" would incorrectly classify valuable by-products and co-products as waste, exposing manufacturers to severe penalties, including fines up to R10 million or imprisonment for up to 10 years.","ai_generated":true,"unit":"cer-001603#insight-3","date_modified":"2026-10-23"},{"text":"The Court ruled that Parliament's failure to notify the public of the changed definitions and its decision to ignore requests for hearings from industry role players violated the constitutional standard of reasonableness for public participation.","ai_generated":true,"unit":"cer-001603#insight-4","date_modified":"2026-10-23"},{"text":"Following the judgment, the Department of Forestry, Fisheries and the Environment intends to introduce a new Bill to amend the definitions of \"waste\", \"commercial value\", and \"trade in\", and will use interim notices under the Waste Act to address facilities predating the Environment Conservation Act and the Waste Act.","ai_generated":true,"unit":"cer-001603#insight-5","date_modified":"2026-10-23"}],"climate_tags":["waste management","environmental law","public participation"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["legal analysis","judicial review"]}]}