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third-applicant-amicus-curiae-supporting-confirmatory-affidavit-66e32f2b8c73fecc.pdf

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This document is a supporting affidavit submitted by Umunyana Rugege, Executive Director of SECTION27, to the High Court of South Africa (Gauteng Division). SECTION27 seeks admission as the third amicus curiae in a legal matter involving the Endangered Wildlife Trust, the Department of Water and Sanitation, and Atha-Africa Ventures. The affidavit argues that the second respondent's attempts to discredit the appellants' attorneys (CER) are similar to past government attempts to disparage public interest NGOs, and it highlights SECTION27's history of successful litigation to demonstrate the positive impact of such organisations on South African constitutional jurisprudence.

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  • SECTION27 seeks to be admitted as the Third Amicus Curiae in the case between Endangered Wildlife Trust, the Department of Water and Sanitation, and Atha-Africa Ventures to rebut claims that aim to "dismantle public interest litigation, access to justice, active citizenry and public participation."
  • The affidavit asserts that the second respondent's submissions against the Centre for Environmental Rights (CER) are similar to those made by former Gauteng MEC for Health Qedani Mahlangu, who described NGOs as "dishonest" in response to concerns regarding mental health care users.
  • SECTION27 cites several legal precedents it helped establish, including the "Textbooks case," which determined that textbooks are "essential components of the right to basic education," and the "Michael Komape case," which established that "safe and decent sanitation is an essential component of the right to basic education."
  • The organisation highlights its role in the "Silicosis case," which developed common law to allow general damages to be transmissible to the estate of a deceased mineworker, ensuring dependents, "primarily women and children would benefit from the litigation."
  • The document references the Life Esidimeni matter, where Justice Dikgang Moseneke found that the government "proactively invaded" the constitutional rights of mental health care users despite warnings, resulting in 144 deaths and 1,418 people exposed to trauma and morbidity after moving out of Life Esidimeni facilities after 1 October 2015.
  • The affidavit includes a reference to former Deputy Chief Justice Dikgang Moseneke's view that the judiciary's current jurisprudence on rights would not exist "without the interventions of civil society."

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APA
Centre for Environmental Rights (n.d.). third-applicant-amicus-curiae-supporting-confirmatory-affidavit-66e32f2b8c73fecc.pdf. https://cer.org.za/wp-content/uploads/2021/03/Third-Applicant-Amicus-Curiae-Supporting-Confirmatory-Affidavit.pdf?x21779
Chicago
Centre for Environmental Rights. third-applicant-amicus-curiae-supporting-confirmatory-affidavit-66e32f2b8c73fecc.pdf. n.d. https://cer.org.za/wp-content/uploads/2021/03/Third-Applicant-Amicus-Curiae-Supporting-Confirmatory-Affidavit.pdf?x21779.
Wikipedia
{{cite press release |author=Centre for Environmental Rights |title=third-applicant-amicus-curiae-supporting-confirmatory-affidavit-66e32f2b8c73fecc.pdf |url=https://cer.org.za/wp-content/uploads/2021/03/Third-Applicant-Amicus-Curiae-Supporting-Confirmatory-Affidavit.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@misc{centreforenvironmentalrightsndthirdapplicantamicuscuriaesupportingconfirmatoryaffidavit66e32f2b8c73feccpdf, author = {{Centre for Environmental Rights}}, title = {{third-applicant-amicus-curiae-supporting-confirmatory-affidavit-66e32f2b8c73fecc.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2021/03/Third-Applicant-Amicus-Curiae-Supporting-Confirmatory-Affidavit.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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