first-resp-part-5-eb4a04733474d895.pdf

The document is an answering affidavit from the Minister of the National Department of Environmental Affairs regarding a legal application by the Centre for Environmental Rights. The Minister defends the government's air quality management in the Highveld Priority Area, arguing that the Highveld Plan is a 'living document' that has been approximately 80% implemented. The Minister disputes the necessity of creating specific regulations under section 20 of the Air Quality Act, citing resource constraints and the need to balance environmental rights with socio-economic growth and energy security.

• The National Department manages air quality information through two online systems: the South Africa Air Quality Information System (SAAQIS), which provides near real-time ambient air quality data from selected locations, and the South African Atmospheric Emission Licence Information Portal (SAAELIP), which is not freely accessible due to concerns over intellectual property, copyright, and unfair competition.
• The Highveld Priority Area represents only a small portion of the broader Highveld region, covering approximately 31,108 km², which is about 7.7% of the total Highveld area of 400,000 km².
• The Minister asserts that the Highveld Plan has been estimated to be at least 80% implemented, although this has not yet resulted in the ambient air quality in identified hotspots fully complying with National Ambient Air Quality Standards.
• The National Department is commissioning its first source apportionment modeling study for the Highveld Priority Area because previous efforts relied on an incomplete emission inventory that did not account for all sources, such as landfills, incinerators, and emissions from outside the area.
• There are 130 fully-automated air quality monitoring stations across South Africa forming the National Ambient Air Quality Monitoring Network, located in high-density areas to measure human exposure.
• The National Air Quality Indicator Project, designed to evaluate country-wide air quality, selected 42 monitoring stations and was budgeted at R 118,630,722.48 over five years.
• The Minister argues that the right to a healthy environment under section 24(a) of the Constitution is not absolute and must be balanced against other fundamental rights, socio-economic growth, and the viability of key industries.
• Eskom's generation capacity is approximately 92.5% coal-fired, with most stations located on the Mpumalanga Highveld; the Minister notes that installing modern abatement technology in old plants can require 'exorbitant' amounts of money.
• The Minister disputes the claim that the National Dust Control Regulations, 2013 have been ineffective, but acknowledges that the 'bucket method' (ASTM D1738) for measuring dust-fall rate was unworkable in South Africa and is being replaced.

APA

Centre for Environmental Rights (n.d.). first-resp-part-5-eb4a04733474d895.pdf. https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-5.pdf?x21779

Chicago

Centre for Environmental Rights. first-resp-part-5-eb4a04733474d895.pdf. n.d. https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-5.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=first-resp-part-5-eb4a04733474d895.pdf |url=https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-5.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndfirstresppart5eb4a04733474d895pdf, author = {{Centre for Environmental Rights}}, title = {{first-resp-part-5-eb4a04733474d895.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-5.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }