STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011
Summary
The Centre for Environmental Rights (CER) argues that the South African Weather Service Amendment Bill, 2011, introduces problematic penalties for issuing air pollution-related warnings without permission. CER contends this could criminalise independent air quality monitoring and contradict existing protections in the National Environmental Management Act (NEMA). They propose removing the 'air pollution-related warning' offence and explicitly aligning the Weather Service's objectives with the Constitution and NEMA.
Key insights
- The South African Weather Service Amendment Bill, 2011, proposes extending the objectives and functions of the Weather Service to include ambient air quality information services, making it the custodian of the South African Air Quality Information Service (SAAQIS) and the National Ambient Air Quality Monitoring Network (NAAQMN).
- Clause 12 (section 30A) of the Bill introduces criminal offences and penalties for issuing air pollution-related warnings without written permission from the Weather Service, with first-time offenders facing fines up to five million rand or five years imprisonment.
- The proposed offence regarding air pollution warnings may criminalise the activities of civil society organisations that conduct independent air quality monitoring and disclose results to the public and media.
- The Bill's proposed restrictions on air pollution warnings potentially contradict section 30 of NEMA, which requires 'responsible persons' to report emergency incidents to the public and authorities without requiring prior permission from the Weather Service.
- The proposed legislation may infringe upon constitutional rights, specifically the right to freedom of speech (section 16) and environmental rights (section 24), and could potentially lead to a Constitutional challenge.
- The CER proposes that the Weather Service's objectives and the functions of its Board be explicitly amended to include due regard for section 24 of the Constitution, the National Environmental Management Act (NEMA), the Air Quality Act, and the National Framework for Air Quality Management.
Cite the original document
- APA
- Centre for Environmental Rights (2012). STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011. https://cer.org.za/wp-content/uploads/2012/01/CER-Letter-to-PPC-re-SAWS-Amendment-Bill-2011_12-January-2012_final.pdf?x21779
- Chicago
- Centre for Environmental Rights. STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011. 2012. https://cer.org.za/wp-content/uploads/2012/01/CER-Letter-to-PPC-re-SAWS-Amendment-Bill-2011_12-January-2012_final.pdf?x21779.
- Wikipedia
- {{cite press release |author=Centre for Environmental Rights |title=STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011 |date=12 January 2012 |url=https://cer.org.za/wp-content/uploads/2012/01/CER-Letter-to-PPC-re-SAWS-Amendment-Bill-2011_12-January-2012_final.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{centreforenvironmentalrights2012strengthening, author = {{Centre for Environmental Rights}}, title = {{STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011}}, publisher = {Centre for Environmental Rights}, year = {2012}, month = jan, url = {https://cer.org.za/wp-content/uploads/2012/01/CER-Letter-to-PPC-re-SAWS-Amendment-Bill-2011_12-January-2012_final.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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