IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA

This document is a Rule 16A notice filed in the High Court of South Africa, Gauteng Division, Pretoria, in June 2019. It outlines the constitutional issues raised by applicants—including GroundWork and the Vukani Environmental Justice Alliance—regarding air pollution in the Highveld Priority Area and the failure of the Minister of Environmental Affairs to establish regulations to implement the Highveld Priority Area Air Quality Management Plan.

• The applicants question whether the poor air quality within the Highveld Priority Area breaches the constitutional right of residents to an environment that is not harmful to their health and well-being, as specified in section 24(a) of the Constitution of the Republic of South Africa, 1996.
• The legal notice seeks to determine if section 20 of the National Environmental Management: Air Quality Act 39 of 2004 mandates the Minister of Environmental Affairs to create regulations necessary to execute the Highveld Priority Area Air Quality Management Plan (Highveld Plan).
• The applicants challenge the former Minister's refusal to establish regulations, questioning if this exercise of discretion was unlawful and unconstitutional, and whether it should be reviewed and set aside under the Promotion of Administrative Justice Act 3 of 2000 or section 1(c) of the Constitution.
• The notice asserts that unsafe air pollution levels in the Highveld Priority Area may violate other constitutional rights, specifically those relating to life, dignity, bodily integrity, and the paramount interests of children.
• The applicants request the court to decide if it is just and equitable to order the Minister to prepare and initiate regulations to enforce the Highveld Plan within a period of 6 months.

APA

Centre for Environmental Rights (2019). IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA. https://cer.org.za/wp-content/uploads/2019/07/D-Rule-16A-notice-COMPLETE.pdf?x21779

Chicago

Centre for Environmental Rights. IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA. 2019. https://cer.org.za/wp-content/uploads/2019/07/D-Rule-16A-notice-COMPLETE.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA |date=June 2019 |url=https://cer.org.za/wp-content/uploads/2019/07/D-Rule-16A-notice-COMPLETE.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2019high, author = {{Centre for Environmental Rights}}, title = {{IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA}}, publisher = {Centre for Environmental Rights}, year = {2019}, month = jun, url = {https://cer.org.za/wp-content/uploads/2019/07/D-Rule-16A-notice-COMPLETE.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }