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South African Iron and Steel Institute and Others v Speaker of the National Assembly and Others (NEMLAA matter)
The Constitutional Court of South Africa ruled that Parliament failed its constitutional obligation to facilitate public involvement regarding material amendments to the National Environmental Management Laws Amendment Act 2 of 2022. Specifically, the court found that the expanded definitions of "waste", "commercial value", and "trade in", as well as a transitional provision, were introduced without sufficient public consultation. The court declared these provisions invalid and unconstitutional, noting that the expanded definition of "waste" could have severe impacts on the steel and fertilizer industries by including by-products and co-products as waste, potentially leading to criminal penalties including fines up to R10 million or 10 years imprisonment.
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Document type: Legal commentary