COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, B49-2013

The Centre for Environmental Rights (CER), supported by the Environmental Monitoring Group and the Federation for a Sustainable Environment, submitted comments on the draft Infrastructure Development Bill (B49-2013). The CER argues that the Bill violates Constitutional rights, disregards national environmental policies, and undermines the legal framework for sustainable development and integrated environmental management in South Africa.

• The CER asserts that the Infrastructure Development Bill (B49-2013) is in violation of several Constitutional rights and obligations, specifically those related to just administrative action (section 33), access to courts (section 34), and the right to an environment not harmful to health or well-being (section 24).
• The Bill is criticized for completely omitting any reference to sustainable development, despite it being a requirement of the South African Constitution and the foundation of the National Environmental Management Act (NEMA) principles.
• The CER argues that the Bill's proposed 'fast-tracking' of infrastructure projects creates contradictions with the 2010 EIA Regulations. Specifically, the Bill mandates that time-frames in Schedule 2 "may not be exceeded," which the CER claims reduces the time necessary for proper environmental and social impact assessments.
• The document highlights a lack of provision for public consultation regarding the designation of Strategic Integrated Projects (SIPs), which the CER describes as a "top-down approach" that is misaligned with the Constitution.
• The CER contends that the Bill compromises the impartiality of competent authorities by placing statutory obligations on members of multidisciplinary steering committees to facilitate the prompt implementation of SIPs, potentially exposing decisions to legal challenges under the Promotion of Administrative Justice Act (PAJA).
• The Bill is accused of encroaching upon the Constitutional powers of provincial and local governments. Specifically, clause 8(4)(a) is seen as interfering with the authority of local governments to regulate land use planning without proper consultation.
• The CER notes that the Bill ignores existing government commitments to sustainable development, including the National Strategy on Sustainable Development (NSSD1), the Outcome 10 Delivery Agreement, and the National Development Plan 2030.

APA

Centre for Environmental Rights (2013). COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, B49-2013. https://cer.org.za/wp-content/uploads/2013/11/CER-Comments-to-PCED-on-IDB-22-Nov-2013-Final.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, B49-2013. 2013. https://cer.org.za/wp-content/uploads/2013/11/CER-Comments-to-PCED-on-IDB-22-Nov-2013-Final.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, B49-2013 |date=22 November 2013 |url=https://cer.org.za/wp-content/uploads/2013/11/CER-Comments-to-PCED-on-IDB-22-Nov-2013-Final.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2013comments, author = {{Centre for Environmental Rights}}, title = {{COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, B49-2013}}, publisher = {Centre for Environmental Rights}, year = {2013}, month = nov, url = {https://cer.org.za/wp-content/uploads/2013/11/CER-Comments-to-PCED-on-IDB-22-Nov-2013-Final.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }