FOSAF welcomes the excellent news that the Constitutional Court has refused the Minister of Environmental Affairs’ application for leave to appeal the judgement obtained by FOSAF in the case about the Minister’s duty to provide sufficient information to allow for informed consultation.
This again confirms this time with finality that the environmental right is a human right and that proper consultation which is seminal to democratic process requires people to be properly informed about the underlying basis for proposed action by the Minister.
Unfortunately, this failure in the past means that much of South Africa’s biodiversity and other regulations are fatally flawed and subject to challenge. We hope the Minister and the DFFE will now revisit as has been asked of them for a number of years the defective legislation and work with all stakeholders to correct the situation.
FOSAF is extremely grateful to our legal team who acted pro bono and thanks all those who have supported our efforts to help DFFE get this right.
To read the DFFE's application to the Constitutional Court, FOSAF's opposing affidavit and the final order from the Constitutional Court please go to http://www.fosaf.org.za/courts.php.
Ilan Lax, FOSAF National Chairman.
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