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This document contains the heads of argument submitted by the First and Second Respondents (Groundwork Trust and Vukani Environmental Justice Alliance Movement in Action) to the Supreme Court of Appeal of South Africa. The respondents argue that the Minister of Environmental Affairs has a legal duty under section 20 of the National Environmental Management: Air Quality Act and section 7(2) of the Constitution to promulgate regulations to implement and enforce the Highveld Plan. They seek to uphold a High Court judgment that declared the air quality in the Highveld Priority Area a breach of constitutional rights and ordered the Minister to produce enforcement regulations within 12 months.

This document consists of a series of letters and a report summary from the Centre for Environmental Rights (CER) addressed to the South African Department of Environmental Affairs (DEA). The CER, representing various environmental groups, argues that the Highveld Priority Area (HPA) has failed to improve air quality since its 2007 declaration. The CER demands the urgent implementation of regulations to enforce the 2012 Air Quality Management Plan (AQMP), the elimination of 'rolling postponements' for emission standards granted to major polluters like Eskom and Sasol, and a formal response to the 'Broken Promises' report regarding the ongoing violation of constitutional rights to a healthy environment.

This October 2017 report by the Centre for Environmental Rights, groundWork, and the Highveld Environmental Justice Network evaluates the failure of the Highveld Priority Area (HPA) to improve air quality in South Africa. Despite the 2007 declaration of the HPA and the 2012 Air Quality Management Plan (AQMP), the report concludes that air quality remains poor and non-compliant with health-based standards, largely due to industrial emissions, inadequate monitoring, and a lack of government capacity and enforcement.