STRENGTHENING OF THE WORK OF THE SOUTH AFRICAN WEATHER SERVICE THROUGH THE SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2011

The Centre for Environmental Rights, representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted a statement to the Portfolio Committee on Water and Environmental Affairs regarding the South African Weather Service Amendment Bill, 2011. The submission expresses grave concerns that the Bill's proposed criminalization of issuing air pollution-related warnings without permission would undermine public health, freedom of speech, and existing environmental governance frameworks under the National Environmental Management Act (NEMA).

• The South African Weather Service Amendment Bill, 2011 proposes extending the objectives and functions of the South African Weather Service to include ambient air quality information services. This includes making the Weather Service the custodian of the National Ambient Air Quality Monitoring Network (NAAQMN) and the South African Air Quality Information Service (SAAQIS), and granting it the authority to issue air pollution-related warnings.
• The Bill introduces section 30A, which creates a criminal offence for issuing an air pollution-related warning without written permission from the Weather Service. A first conviction carries a penalty of a fine up to five million rand, imprisonment for up to five years, or both; subsequent convictions can lead to fines of ten million rand or ten years' imprisonment.
• The Centre for Environmental Rights argues that the proposed offence regarding air pollution warnings lacks justification and could criminalize civil society organisations that conduct independent air quality monitoring. This may infringe upon the right to freedom of speech (section 16 of the Constitution) and environmental rights (section 24 of the Constitution).
• The proposed section 30A of the Bill appears to contradict section 30 of the National Environmental Management Act (NEMA), which requires 'responsible persons' to report emergency incidents immediately. The submission notes that the penalty under the Bill is five times higher than the penalty for contravening section 30 of NEMA, which may discourage the reporting of emergency incidents.
• The submission warns that the Bill could criminalize academic research and media reporting. For example, scientific publications stating that air pollution in a specific area increases mortality or asthma attacks could be interpreted as issuing an 'air pollution-related warning.'
• The Centre for Environmental Rights proposes that the phrase 'or air pollution-related warning' be deleted from clause 12 (section 30A) of the Bill to protect constitutional rights and maintain the integrity of NEMA's disclosure and whistle-blower protections.
• The submission recommends amending the Bill to explicitly require the South African Weather Service and its Board to implement the Act with due regard to section 24 of the Constitution, the National Environmental Management Act (NEMA), the Air Quality Act, and the National Framework for Air Quality Management (AQM Framework).

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} }