In the last 18 months, South Africa has seen several key policy and legal developments relating to environment, sustainability, and climate change. In this legal update, we summarise these legal developments, especially those that are expected to have a bearing on South Africa’s climate response, our collective journey to net-zero by 2050, and those relevant to managing corporate-level risk and liability.
Continue readingThis matter is an important indicator of the difficulties that ‘fossil-fuel’ projects may face in future. Eloff Landgoed, the applicant in the case, runs a large commercial farm. It applied to court to review and set aside the Minister’s decision to grant an environmental authorisation to Eloff Mining, which allowed Eloff Mining to run an open-cast coal mine on land bordering its farm. The applicant primarily reviewed the decision as it related to the fundamental irrationality of the decisions to grant the authorisation.
Continue readingIn a recent judgment handed down by the Supreme Court of Appeal (SCA, or the Court) on 30 May 2023, the SCA considered the point at which a mining company can be said to be released from its environmental obligations.
Continue readingChanges made to the regulatory framework governing the environment, sustainability and climate change during 2023 are as follows.
Continue reading‘Greenwashing’ and ‘green claims’ are relatively new concepts, arising from increased societal scrutiny on business impacts on the environment, and calls that businesses contribute to a less carbon-intensive and more sustainable economy. Given that climate and environmental concerns are playing an increasing role in driving market activity, business can expect greater scrutiny of such claims.
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One of the specific objectives of the AFCFTA is to enhance co-operation among State Parties on investment, intellectual property (IP) rights and competition policy. Ensuring that IP rights are protected and safeguarded is critical in achieving AfCFTA’s objectives. AFCFTA member states are therefore required to enter into phase II negotiations in respect of IP rights.
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