Minister of Environmental Affairs v The Trustees for the time being of Groundwork Trust and Others (#DeadlyAir Judgment, Supreme Court of Appeal) – 11 April 2025

This briefing details a judgment by the Supreme Court of Appeal (SCA) delivered on 11 April 2025, which affirmed that poor air quality in South Africa's Highveld Priority Area breaches constitutional rights. The court ruled that the Minister of Environmental Affairs has a legal duty to prescribe regulations under section 20 of the National Environmental Management: Air Quality Act 39 of 2004 (NEM:AQA) to implement and enforce the Highveld Priority Area Air Quality Management Plan, finding that the Minister had unreasonably delayed in doing so.

• The Supreme Court of Appeal (SCA) declared that the air quality in the Highveld Priority Area is so poor that it violates the constitutional right to an environment that is not harmful to health and well-being. The court further determined that the Minister of Environmental Affairs failed to act in a timely manner, stating that the Minister "has unreasonably delayed to initiate, prepare and prescribe regulations to give effect to the Highveld Priority Area Air Quality Management Plan."
• The SCA ruled that section 20 of the National Environmental Management: Air Quality Act 39 of 2004 (NEM:AQA) imposes a mandatory duty on the Minister to create regulations when a 'jurisdictional fact of necessity' is established. The court found that such necessity existed because pollution in the Highveld Priority Area (HPA) continued despite the dangers, meaning the "non-binding set of goals contained in the Highveld Plan are insufficient to achieve the substantial reductions in atmospheric emissions that are required in the HPA."
• The court clarified the nature of environmental rights under section 24 of the Constitution, agreeing with a previous Constitutional Court ruling that these rights are not subject to 'progressive realisation' based on available resources, but should instead be "immediately realisable."
• The SCA ordered the Minister of Environmental Affairs to prepare, initiate, and prescribe regulations under section 20 of the Air Quality Act to implement and enforce the Highveld Priority Area Air Quality Management Plan within 12 months of the order. However, the SCA removed certain specific directions and considerations previously mandated by the High Court, ruling that those "exhortations offended the separation of powers principle between the judiciary and executive."

APA

Danjelle (2025). Minister of Environmental Affairs v The Trustees for the time being of Groundwork Trust and Others (#DeadlyAir Judgment, Supreme Court of Appeal) – 11 April 2025. Centre for Environmental Rights. https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/minister-of-environmental-affairs-v-the-trustees-for-the-time-being-of-groundwork-trust-and-others-deadlyair-judgment-supreme-court-of-appeal-11-april-2025

Chicago

Danjelle. Minister of Environmental Affairs v The Trustees for the time being of Groundwork Trust and Others (#DeadlyAir Judgment, Supreme Court of Appeal) – 11 April 2025. Centre for Environmental Rights, 2025. https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/minister-of-environmental-affairs-v-the-trustees-for-the-time-being-of-groundwork-trust-and-others-deadlyair-judgment-supreme-court-of-appeal-11-april-2025.

Wikipedia

{{cite report |last1=Danjelle |title=Minister of Environmental Affairs v The Trustees for the time being of Groundwork Trust and Others (#DeadlyAir Judgment, Supreme Court of Appeal) – 11 April 2025 |publisher=Centre for Environmental Rights |date=13 April 2025 |url=https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/minister-of-environmental-affairs-v-the-trustees-for-the-time-being-of-groundwork-trust-and-others-deadlyair-judgment-supreme-court-of-appeal-11-april-2025 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{danjelle2025minister, author = {Danjelle}, title = {{Minister of Environmental Affairs v The Trustees for the time being of Groundwork Trust and Others (\#DeadlyAir Judgment, Supreme Court of Appeal) – 11 April 2025}}, institution = {Centre for Environmental Rights}, year = {2025}, month = apr, url = {https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/minister-of-environmental-affairs-v-the-trustees-for-the-time-being-of-groundwork-trust-and-others-deadlyair-judgment-supreme-court-of-appeal-11-april-2025}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }