Company Secretary, ArcelorMittal SA and another v Vaal Environmental Justice Alliance (AMSA v VEJA) – Supreme Court of Appeal

The Supreme Court of Appeal of South Africa ordered ArcelorMittal (AMSA) to disclose environmental records, including a 'Masterplan' on pollution levels at its Vanderbijlpark plant, to the Vaal Environmental Justice Alliance (VEJA). The court ruled that VEJA's request was valid under the Promotion of Access to Information Act (PAIA) for the protection of environmental rights, emphasizing that corporate secrecy is unacceptable in matters of environmental protection and that public participation is essential for constitutional enforcement.

• The Supreme Court of Appeal (SCA) upheld a High Court decision ordering ArcelorMittal (AMSA) to disclose environmental records to the Vaal Environmental Justice Alliance (VEJA). The records included an 'Environmental Master Plan' detailing water pollution levels affecting surrounding areas and potentially unsafe ambient air pollution levels at the Vanderbijlpark steel plant, as well as plans to alleviate this pollution and documents regarding the closure and rehabilitation of a site in Vereeniging where hazardous materials were dumped.
• The court ruled that VEJA met the threshold requirement of section 50(1)(a) of the Promotion of Access to Information Act (PAIA), which allows access to records of a private body if the record is required for the exercise or protection of any rights. In reaching this decision, the SCA considered NEMA principles regarding transparent decision making and the participation of interested and affected parties in environmental governance, noting that VEJA cited the Constitution, NEMA, the National Water Act, and the National Environmental Management: Waste Act.
• The court rejected AMSA's arguments that VEJA was usurping the state's regulatory role and that the Masterplan was unreliable because it was outdated and scientifically flawed. The High Court found the Masterplan was a significant document because it served as a primary strategic tool, had been submitted to the state, and was shown to shareholders.
• The SCA judgment established a precedent against corporate secrecy regarding the environment, stating that constitutional values will be enforced for both local and international corporations operating in South Africa. The court emphasized that environmental degradation affects everyone and highlighted the importance of public consultation and 'collaborative corporate governance' in environmental protection.

APA

Melissa (2014). Company Secretary, ArcelorMittal SA and another v Vaal Environmental Justice Alliance (AMSA v VEJA) – Supreme Court of Appeal. Centre for Environmental Rights. https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/vaal-environmental-justice-alliance-v-company-secretary-arcelormittal-sa

Chicago

Melissa. Company Secretary, ArcelorMittal SA and another v Vaal Environmental Justice Alliance (AMSA v VEJA) – Supreme Court of Appeal. Centre for Environmental Rights, 2014. https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/vaal-environmental-justice-alliance-v-company-secretary-arcelormittal-sa.

Wikipedia

{{cite report |last1=Melissa |title=Company Secretary, ArcelorMittal SA and another v Vaal Environmental Justice Alliance (AMSA v VEJA) – Supreme Court of Appeal |publisher=Centre for Environmental Rights |date=25 November 2014 |url=https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/vaal-environmental-justice-alliance-v-company-secretary-arcelormittal-sa |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{melissa2014company, author = {Melissa}, title = {{Company Secretary, ArcelorMittal SA and another v Vaal Environmental Justice Alliance (AMSA v VEJA) – Supreme Court of Appeal}}, institution = {Centre for Environmental Rights}, year = {2014}, month = nov, url = {https://cer.org.za/virtual-library/judgments/supreme-court-of-appeal/vaal-environmental-justice-alliance-v-company-secretary-arcelormittal-sa}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }