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

The Supreme Court of Appeal (SCA) ruled on 11 April 2025 that poor air quality in the Highveld Priority Area breaches constitutional rights and 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). The court found that while the law uses the permissive word 'may', this constitutes a mandatory duty once the 'jurisdictional fact of necessity' is established. The SCA declared that the Minister unreasonably delayed these regulations and directed their prescription within 12 months. Notably, the court affirmed that environmental rights under section 24 of the Constitution are immediately realisable rather than subject to progressive realisation based on available resources.

• The Supreme Court of Appeal declared that the air quality in the Highveld Priority Area is in breach of the constitutional right to an environment that is not harmful to health and well-being, and 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 to enforce the Highveld Priority Area Air Quality Management Plan.

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). 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). 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) |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)}}, 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} }