Minister of Environmental Affairs v the Trustees for the time being of Groundwork Trust and Others [2025] ZASCA 43

Nature of the Case

In a victory for enforcement of South Africa’s Section 24(a) constitutional right to an environment that is not harmful to health or well-being–the first case to find a violation of Section 24–the Minister of Environmental Affairs’s appeal (“Minister”) of the High Court’s 2022 order to promulgate enforcement regulations was dismissed. The Supreme Court of Appeal considered the very narrow issue of whether “may” in Section 20 of the Air Quality Act grants discretion or imposes a duty upon the Minister to promulgate regulations to enforce the Highveld Air Quality Management Plan. Weighing precedents, international human rights standards, and other South African constitutional provisions, the Court found that the specific circumstances of this case created a “necessity” for enforcement mechanisms to be published. In doing so, the Court ruled that “may” is to be read as “must” for this case, creating a duty for the Minister to pass regulations to enforce the Highveld Plan. Notably, the Court also established an alternative ground for creating a duty for the Minister to pass enforcement regulations through Section 237 of the South African Constitution.

Enforcement of the Decision and Outcomes

The Minister published draft regulations the day before the Supreme Court of Appeal hearing. Even though there was no live controversy between the parties, the Court determined that it was within its discretion to hear the appeal amid the interests of justice and the public importance of the appeal. Notably, the Court observed that any perceived shortcomings in the published regulations would need to be raised in a new application.

Significance of the Case

The “Deadly Air” case is the first to find a violation of South Africa’s Section 24(a) constitutional right to an environment that is not harmful to health or well-being. Notably, the Supreme Court of Appeal confirmed that Section 24(a) is an unqualified right that is not subject to the state’s available resources. In doing so, the court found that the state bears a duty to future generations and established that the court can order the Minister to promulgate regulations. For the purposes of Section 20 of the Air Quality Act, the Court established that the Minister’s discretion to promulgate regulations becomes a duty when the necessity for such regulations arises, where a “state of affairs” may be a Constitutional violation when coupled with government inaction. Finally, though the rights of children were central to arguments, the opinion is effectively silent on children’s rights and well-being.

Secondary Materials

groundWork Trust & Others v Minister of Environmental Affairs & Others (#DeadlyAir) – UCC Case Law Summary, UCC, 2025; available at https://www.ucc.ie/en/youthclimatejustice/caselawdatabase/groundwork-trust–others-v-minister-of-environmental-affairs–others-deadlya.html.

groundWork Trust & Vukani Environmental Justice Alliance Movement in Action v Minister of Environmental Affairs & Others (Highveld Priority Area #DeadlyAir judgment in the High Court) – Centre for Environmental Rights Case Law Summary, Centre for Environmental Rights, 2025; available at https://cer.org.za/virtual-library/judgments/high-courts/groundwork-trust-vukani-environmental-justice-alliance-movement-in-action-v-minister-of-environmental-affairs-others-highveld-priority-area-deadlyair-judgment.

Liesl Muller, “SCA moved environmental rights forward, but left children’s rights behind,” Daily Maverick, 27 May 2025; available at https://www.dailymaverick.co.za/article/2025-05-27-sca-moved-environmental-rights-forward-but-left-childrens-rights-behind/#:~:text=improve%20air%20quality.-,While%20the%20judgment%20is%20hailed%20as%20a%20victory%20for%20environmental,km%C2%B2%20of%20Gauteng%20and%20Mpumalanga.

“‘Deadly Air’ appeal outcome is a victory for accountability,” Just Share, 16 April 2025; available at https://justshare.org.za/media/news/climate-change/deadly-air-appeal-outcome-is-a-victory-for-accountability-2/.

“Deadly Air Case: Minister’s #DeadlyAir Appeal Dismissed by Supreme Court of Appeal,” GroundWork, 15 April 2025; available at https://groundwork.org.za/deadly-air-case-ministers-deadlyair-appeal-dismissed-by-supreme-court-of-appeal/.

Carlyn Frittelli Davies, “Justice in the face of ‘Deadly Air’: What the Highveld Pollution case means for YOU,” Lexology, 2025; available at https://www.lexology.com/library/detail.aspx?g=84170743-b7b4-4150-bb75-605e3c5f3c22.