00206BBA609F220406132021

This document is a supporting affidavit from Barbara Dallas Creecy, the Minister of the National Department for Forestry, Fisheries and the Environment, seeking leave to appeal specific orders made by the High Court of South Africa on 18 March 2022 regarding air pollution in the Highveld Priority Area.

• Minister Barbara Dallas Creecy acknowledges the "pressing and continuing problem with air pollution in the Highveld Priority Area" and accepts that the unacceptable pollution levels and their potential adverse impacts on health, wellbeing, and the environment fall under her "political and legal responsibility as Minister".
• The Minister has initiated generic regulations under the National Environmental Management : Air: Quality Act, 39 of 2004 (AQA) to address air quality issues. She states that the appeal process will not be used to delay the drafting of these regulations, which will continue independently.
• The legal basis for the appeal centers on the interpretation of section 20 of the AQA. Specifically, the Minister seeks to determine if the law grants her a discretion to prescribe regulations or imposes a mandatory duty to do so.
• The Minister argues that the interpretation of section 20 of the AQA has broader implications for other environmental statutes and delegated regulation-making powers generally, as several other statutes contain similarly worded powers.

APA

Centre for Environmental Rights (n.d.). 00206BBA609F220406132021. https://cer.org.za/wp-content/uploads/2022/04/3273-19-Minister-Supporting-Affidavit.pdf?x21779

Chicago

Centre for Environmental Rights. 00206BBA609F220406132021. n.d. https://cer.org.za/wp-content/uploads/2022/04/3273-19-Minister-Supporting-Affidavit.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=00206BBA609F220406132021 |url=https://cer.org.za/wp-content/uploads/2022/04/3273-19-Minister-Supporting-Affidavit.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsnd00206bba609f220406132021, author = {{Centre for Environmental Rights}}, title = {{00206BBA609F220406132021}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2022/04/3273-19-Minister-Supporting-Affidavit.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }