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This briefing details a judgment by the Supreme Court of Appeal (SCA) delivered on 11 April 2025, which affirmed that poor air quality in South Africa's Highveld Priority Area breaches constitutional rights. The court ruled that the Minister of Environmental Affairs has a legal duty to prescribe regulations under section 20 of the National Environmental Management: Air Quality Act 39 of 2004 (NEM:AQA) to implement and enforce the Highveld Priority Area Air Quality Management Plan, finding that the Minister had unreasonably delayed in doing so.

This factsheet details legal challenges brought by community groups and environmental organizations against Shell and the South African government regarding seismic surveys for oil and gas exploration off the Wild Coast. The document outlines two primary court cases, the arguments regarding environmental and constitutional violations, and the potential legal precedents the litigation seeks to establish.

This fact sheet analyzes the case of Bareki & Another v Gencor Ltd & Others 2006 (1) SA 432 (T), focusing on the retrospective application of the National Environmental Management Act 107 of 1998 (NEMA) and the continuity of environmental rehabilitation obligations under repealed mining legislation.