Clean air vs industrial development
What is the right balance between economic development and environmental protection? A GroundUp report says in December 2017, the KZN High Court (Durban) heard a case brought by the South Durban Community Environmental Alliance, which challenged the decision of the KZN MEC for Economic Development, Tourism and Environmental Affairs to grant environmental authorisation for the construction of a logistics and distribution park in the South Durban Industrial Basin.
The alliance believes that the development will cause a danger to the health, air quality and wellbeing of the surrounding communities. Having appealed unsuccessfully to the provincial authorities, the alliance approached the High Court seeking an order to compel the MEC to reconsider its appeal.
The report notes section 24 of the Constitution gives everyone the right ‘to an environment that is not harmful to their health or well-being’ and requires that laws are passed to ‘secure ecologically sustainable development’. SA has many laws that aim to strike a sound balance between development and environmental rights, and the community group's case shows that the interpretation of these laws and their implementation remains an issue of concern for communities seeking to protect their right to a healthy environment. Judgment was reserved.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
