COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, 2013

The Centre for Environmental Rights (CER) submitted comments on 27 March 2013 regarding the draft Infrastructure Development Bill, 2013. The CER argues that the Bill is vulnerable to Constitutional challenge because it disregards national environmental policies, undermines the functions of provincial and local governments, and conflicts with the Promotion of Administrative Justice Act, 2000 (PAJA). While supporting the goal of streamlined approvals, the CER asserts that the Bill's proposed fast-tracking of infrastructure projects risks bypassing essential environmental impact assessments (EIAs) and public participation processes.

• The CER contends that the draft Infrastructure Development Bill, 2013, is in violation of several Constitutional rights and obligations, making it susceptible to legal challenges. Specifically, the CER claims the Bill conflicts with legislation designed to uphold rights regarding just administrative action and the right to a protected environment.
• The Bill is criticized for failing to reference or acknowledge South Africa's existing commitments to sustainable development, despite such commitments being required by the Constitution and underpinning the National Environmental Management Act (NEMA) principles.
• The CER warns that the Bill's proposed time-frames for special infrastructure projects (SIPs) create contradictions with the 2010 EIA Regulations. The CER argues that shortcutting scoping, public participation, and appeal periods could lead to inadequate risk assessments for water quality and quantity, potentially depriving communities of drinking water.
• The Bill is seen as an encroachment on the constitutional powers of provincial and local governments. The CER notes that the Bill seeks to usurp provincial functions regarding environmental assessments and interferes with the authority of local governments to regulate land use planning without proper consultation.
• The CER argues that certain provisions of the Bill, such as the requirement for 'negotiation' to obtain approvals, may compromise the independence of competent authorities and create grounds for judicial review under the Promotion of Administrative Justice Act (PAJA).
• The CER asserts that the Bill ignores established government strategies, including the National Strategy on Sustainable Development (NSSD1) approved in November 2011, the Outcome 10 Delivery Agreement from September 2010, and the National Development Plan 2030.

APA

Fourie, M. (2013). COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, 2013. Centre for Environmental Rights. https://cer.org.za/wp-content/uploads/2013/03/CER-Comments-to-DED-on-Draft-Infrastructure-Development-Bill-27-March-2013.pdf?x21779

Chicago

Fourie, Melissa. COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, 2013. Centre for Environmental Rights, 2013. https://cer.org.za/wp-content/uploads/2013/03/CER-Comments-to-DED-on-Draft-Infrastructure-Development-Bill-27-March-2013.pdf?x21779.

Wikipedia

{{cite press release |last1=Fourie |first1=Melissa |title=COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, 2013 |publisher=Centre for Environmental Rights |date=27 March 2013 |url=https://cer.org.za/wp-content/uploads/2013/03/CER-Comments-to-DED-on-Draft-Infrastructure-Development-Bill-27-March-2013.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{fourie2013comments, author = {Fourie, Melissa}, title = {{COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, 2013}}, publisher = {Centre for Environmental Rights}, year = {2013}, month = mar, url = {https://cer.org.za/wp-content/uploads/2013/03/CER-Comments-to-DED-on-Draft-Infrastructure-Development-Bill-27-March-2013.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }