Hosted in collaboration with the Ismail Mahomed Centre for Human and People’s Rights, School of Law, University of Venda
Dates
- 8 October – Student Conference: Advancing novel research on the environment and justifiable limits on development
- 9-10 October – Annual Conference: In English: The environment and justifiable limits on development; in Tshivenda: Mupo na Mikano i Tendeleaho kha Mveledziso
- 11 October – ELA AGM; Excursion to Kruger National Park
Theme
Humanity is increasingly confronted with accelerated biodiversity and habitat loss, pollution, and climate instability. Together, these crises form what has been called the “triple planetary crisis”. They pose a profound threat to life on Earth. At the heart of this crisis lies a dominant model of development: the intensive extraction and use of environmental resources for economic gain. It is contributing to the deterioration of the health and well-being of humans and the environment on which we depend. As the consequences of this model become increasingly evident, pressing legal questions emerge: “When is development justifiable?” and “What are the limits that the law should place on development in the face of ecological collapse?” Put differently: “What are the justifiable limits on development amidst the triple planetary crisis and the justice implications thereof?”
In South Africa, answers to questions about environmental protection and development are informed by our supreme law, the Constitution of the Republic of South Africa, 1996, which provides in section 24(b) that everyone has the right to have the environment protected, including through reasonable legislative and other measures that “secure ecologically sustainable development and promote justifiable social and economic development”. The Constitution also tells us in section 36 that this right can be limited when such limitation is “justifiable”. Yet, little attention has been paid to how the term “justifiable” is interpreted and applied in developmental and environmental challenges.
When is development “justifiable”?
Abstract submissions closed on 15 August 2025.
Click here for our 2025 Student and Annual Conference programme.
We learned insightful inputs from:
- leading, globally recognised environmental law academics.
- activists groups such as Earthlife Africa and Living Limpopo seeking to defend the environment, particularly the Vhembe Biosphere Reserve in Limpopo.
- practising lawyers in the environmental law space.
- indigenous knowledge holders.
- the broader scientific community focused on the relationship between development and the environment.
The ELA is committed to bringing together diverse voices in pursuit of the protection, promotion and fulfilment of the environmental right. Our conferences offer a rare opportunity to connect with a complex and growing community in the environmental governance space.
We thank the Ismail Mahomed Centre for Human and People’s Rights, School of Law, University of Venda for its generous contribution to the success of our conference.
Conference highlights
Student success
At our Student Conference, we awarded several prizes for the best presenters and best blog submission:
- Ledile Skwakwa, North-West University won Best Blog, LLD/PhD Category. Ledile mentioned:
My interest in environmental law stems from a deep conviction that the law must serve as a tool for justice not only between people, but also between people and the planet. Growing up in rural South Africa and living briefly in a township, I witnessed firsthand how environmental degradation and inequality often coexist, with communities living closest to pollution bearing the most significant burdens. This has driven my academic pursuit of environmental justice, particularly through municipal governance.
Winning the Best PhD Blog Award at the 2025 Environmental Law Association Student Conference is both humbling and affirming. It signifies recognition that environmental law scholarships must remain grounded in the realities of life, where law, policy, and justice intersect. This award strengthens my commitment to using legal research to influence policy and inspire South African municipalities to act decisively in building cleaner, fairer, and more resilient communities.
- Gosego Mooko, University of the Western Cape won Best Blog, LLM Category. Gosego mentioned:
Winning the Best Blog Post (LLM Category) is deeply meaningful because it affirms my passion for environmental law as a field of both justice and transformation. My research is driven by a desire to understand how law can mediate the complex relationship between economic growth, environmental protection, and social equity in South Africa’s evolving energy and mining landscape. In particular, I focus on how the extraction of critical minerals can be reconciled with the constitutional duty to protect the environment and promote socio-economic justice.
Environmental law provides the analytical and normative framework to interrogate this balance and to define what constitutes “justifiable” development in terms of section 24 of the Constitution. It compels us to ask whether our pursuit of climate action and development respects ecological limits, protects vulnerable communities, and safeguards the rights of future generations. In this way, environmental law is not merely regulatory; it is transformative, requiring that the benefits of development are equitably shared and its burdens fairly mitigated. This recognition strengthens my commitment to advancing legal scholarship that connects justifiability, environmental protection, human dignity, and intergenerational equity. It also reinforces my belief that South Africa, endowed with rich natural resources, can lead by example in showing that sustainable development is achievable when guided by constitutional principles. Ultimately, the award inspires me to continue contributing to the discourse on environmental justice and to use law as a tool for shaping a fairer, greener, and more inclusive future.
- Benni Avhatakali Mudau, University of the Witwatersrand won Runner Up Blog, LLD/PhD Category. Benni mentioned:
My interest in environmental law arises from its ability to protect the environment, which serves as the foundation for the realisation of human rights and the very existence of humankind. Rights such as life, housing, education, health, and access to clean water are not only interconnected with environmental conditions, but they are contingent on them. Without a safe, sustainable, and just environment, the possibility of enjoying these rights is very limited. I am particularly interested in how environmental law can be used as a strategic tool to protect the environment for both current and future generations. This includes challenging harmful development, enforcing constitutional obligations, and empowering communities, especially youth, to claim their environmental rights in practical, accessible ways. My work is grounded in the belief that environmental justice is not a luxury or an afterthought; it is a constitutional imperative that must be realised through litigation, advocacy, and education. This recognition by the Environmental Law Association (ELA) is more than a personal milestone; it is a powerful affirmation of the importance of critical, justice-oriented scholarship. It reflects ELA’s commitment to supporting emerging environmental law scholars who are not only thinking differently but working differently. I am grateful to the ELA for creating space for transformative and innovative environmental law scholarship. I look forward to contributing further to this collective effort to advance environmental justice for both present and future generations.
- Nesia Chido Manguleni, North-West University and Nadine Nyamangirazi, University of Cape Town, shared the Best Speaker, Postgraduate Category prize.
- Nadine mentioned:
I am passionate about environmental law because it intersects with multiple areas of law, including international trade, human rights, and corporate governance. Exploring these intersections allows me to understand how we can balance economic growth and development with environmental protection, ensuring that progress does not come at the expense of the planet. Receiving this prize is a tremendous honour, affirming my commitment to pursuing holistic solutions that address both environmental challenges and broader societal interests. It inspires me to continue working toward a sustainable future, where the law serves as a powerful tool for justice, accountability, and ecological stewardship.
- Nesia mentioned:
My passion for environmental law stems from a desire to understand how legal systems can advance justice, equity, and resilience in the face of growing environmental and climatic challenges. Having observed how disasters and environmental degradation often impact women and marginalised communities most severely, I was inspired to explore how the law can play a transformative role in addressing these inequalities. My current research examines how legal and policy frameworks in South Africa and Zimbabwe can support gender-sensitive disaster risk management and promote inclusive, sustainable cities. The field of environmental law offers a unique space to connect human rights, gender equality, and ecological sustainability. I am particularly drawn to how it bridges scientific, social, and legal knowledge in pursuit of a more just and balanced relationship between people and their environments. Receiving this award from the Environmental Law Association is both humbling and deeply affirming. It reinforces the importance of research that not only engages with law as a regulatory tool, but also envisions it as a catalyst for social and environmental transformation. I am grateful for the encouragement this recognition provides and for the opportunity to contribute to ongoing dialogues that shape the future of environmental governance and social justice in South Africa and beyond.
- Nkwane Bashio Mogotle, University of South Africa, won the Best Speaker, Undergraduate Category prize. He mentioned:
I was born and raised in the rural village called Madibong, deep in the heartland of Sekhukhune district. Growing up there I do not remember anyone clearly mentioning something like protecting or respecting the environment, particularly plants because we have a vast array of crops and shrubs as well as mountains full of trees. Had someone told me to respect those trees and plants then I would have laughed heavily because there would be no logical sense in that. But as I kept progressing from the early grades of primary schooling up to the higher secondary grades, I began to appreciate the crucial role played by plants on humans for survival and well-being. Natural Sciences as a school subject that we did at foundational phase taught us basic functions of plants such as provision of oxygen, food, medicine as well as well as regulating climate. From this, as an aspiring lawyer who believes in advocating for people’s rights, I began to develop a gradually growing interest in knowing how do we then use the law to protect these natural givers of life against those who do not care. I strongly hold a view that when respect plants, you respect people, and taking an initiative to protect those plants is equally commensurate to protecting the people because they are dependant on plants for survival. That is exactly where Environmental Law comes in; to regulate the human interaction with plants and other natural resources and foster sustainable development that does not harm our environment. Everyone dwells in this environment, fully dependant on it for survival but only few cares about her wellbeing. Just like humans, the environment too needs to be respected, taken care, protected and more importantly, it needs lawyers to state its case in courts when it is innocently violated. Thank you to the Environmental Law Association of South Africa for taking interest in my paper and granting me an opportunity to present it in front of scholars, lawyers, community leaders and most importantly the indigenous knowledge practitioners. I am mostly honoured to have been awarded a prize for best presenter under LLB category. It is has concretised and deepened my ambition to study and research further on the topic and environmental law as a field in general.
Earthlife Africa collaboration
For the first time the ELA hosted its conferences in the Limpopo Province, in collaboration with the Ismail Mahomed Centre for Human and People’s Rights, School of Law, University of Venda. Our exciting collaboration drew attention to an often peripheralised, highly significant part of South Africa. In addition, we are especially grateful for support from and engagement with community leaders and Earthlife Africa, who shared their experiences of development and environmental protection in Limpopo during the conference.
Here are some facts about Limpopo:
- It is 125 754 km², a land area larger than many countries, including Portugal and Malawi.
- Its population is around 5 million people.
- It is home to some of South Africa’s most important biodiversity, including in the Mopani; Vhembe; Capricorn; Waterberg; Sekhukhune districts.
- The “Big Tree” or Sagole Baobab is located near Thohoyandou in Vendaland, Limpopo. It is a massive baobab tree considered the largest in South Africa, with a trunk diameter of 10.8 meters and a circumference of 32.89 meters.
- The Musina-Makhado Special Economic Zone is planned in Limpopo, and is currently subject to a legal challenge given its proposed clearance of between 3868ha-8000ha of pristine land in Limpopo in preparation for the development of a 3 300 MW coal-fired power station and other heavy industrial activities.
Keynote addresses:
Commencement of the Annual Conference at Vhutanda sacred place: 9 October
With thanks to collaboration with Earthlife Africa, community leaders, and environmental activists in Limpopo, before the formal programme of the Annual Conference commences, on the morning of 9 October 2025, we visited the Vhutanda sacred place, one of the most powerful and respected sacred natural sites in the Vhembe region of Limpopo Province. It is an indigenous forest deeply cherished by the Venda people as a spiritual sanctuary where ancestral spirits reside. The site is traditionally protected by the community’s customs and ancestral guardianship, making it a living symbol of Venda’s enduring cultural heritage and ecological stewardship. As part of Venda’s network of sacred natural sites, known locally as Zwifho, Vhutanda embodies the Venda worldview of Mupo, the interconnectedness of all creation, including the earth, sky, ancestors, and living beings. These sacred sites are recognised not only for their spiritual importance but also for their role in conserving biodiversity and maintaining ecological balance. Vhutanda is surrounded by tea plantations but remains a pristine forest due to the community’s respect and care. It serves as a burial ground and a place for important rituals that honour the ancestors and promote spiritual harmony. The sacredness of Vhutanda extends beyond the physical forest. The protection and reverence of Vhutanda reflect the Venda people’s commitment to preserving their ancestral knowledge and natural heritage, which has been passed down through generations. Visitors to the region are invited to appreciate these sacred places as vital cultural landscapes that sustain both community identity and environmental health.
Conference Dinner: 9 October
The ELA hosted guests at Khoroni Hotel, Thohoyando, at which guests were honoured by a poem from a local poet, and enjoyed connecting while enjoying delicious local food.
Excursion to Kruger National Park: 11 October
Our conferences showcased the complexity of Limpopo: its beauty and the benefits and risks of economic development. On 11 October, we visited Kruger National Park.
Conference organising committee
The members of the conference organising committee are:
- Dr Melanie Murcott, Chairperson of the ELA, Associate Professor, UCT
- Prof. Ademola Oluborode Jegede, Limpopo Representative of the ELA, Director, Ismail Mahomed Centre for Human and Peoples’ Rights, School of Law, University of Venda
- Dr Nonhlanhla Ngcobo, Treasurer of the ELA, Lecturer, NWU
- Nicola Irving, Vice-Chairperson of the ELA, Attorney, Norton Rose Fulbright
- Mikaella Bodeux, Secretary of the ELA, Attorney, Warburton Attorneys
- Margot Slabbert, Social Media Manager of the ELA
- Saritha Marias, Secretariat of the ELA, Personal Assistant, Office of the Dean, NWU
- Cornelia Van Graan, Lecturer, Department of Public Law (Criminal Procedure), School of Law, University of Venda
- Ndzumbululo Mulaudzi, Intern, Ismail Mahomed Centre for Human and Peoples’ Rights, Faculty of Management, Commerce and Law, University of Venda
- Mia Uys, Sub-committee of the Executive Committee of the ELA, BA Law and Politics student, Eduvos
Thank you for joining us and thank you to our sponsors: Juta and Company and Lawtons Africa.
