Creecy appeals Highveld air quality judgment and seeks clarity on law interpretation | Citypress

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Forestry, Fisheries and Environment Minister Barbara Creecy filed papers in the Pretoria High Court to apply for leave to appeal portions of the judgment about air quality in the Highveld Priority Area straddling Mpumalanga and Gauteng

In a March 18 judgment, Judge Colleen Collis found that the poor air quality in the Highveld Priority Area was in breach of residents’ constitutional right to an environment that is not harmful to their health and well-being.

Creecy said in her affidavit that her appeal filed on Monday sought proper interpretation of the National Environmental Management: Air Quality Act, 39 of 2004 .It will be seen from the application for leave to appeal that the ambit of the appeal is relatively narrow and essentially boils down to a question of law, namely, the proper interpretation of section 20 of AQA.

Creecy added that she did not intend to use the appeal to delay drafting of air quality regulations and had intentions to continue engaging communities, experts, NGOs, energy producers and other stakeholders in the area because the health of communities enjoyed priority..

 

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