ELA Newsletter 2021-21

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11 June 2021


National Treasury “Working Draft: Draft Green Finance Taxonomy” June 2021 – for comment


Draft Upstream Petroleum Resources Development Bill, 2021- GN 494 in GG 44694 of 11 June 2021 – for comment and explanatory summary


Cybercrimes Act 19 of 2020 – GG 44651 of 1 June 2021 – commencement to be proclaimed

Customary Initiation Act 2 of 2021 – GG 44668 of 4 June 2021 – commencement to be proclaimed

Local Government: Municipal Structures Amendment Act 3 of 2021 – GG 44647 of 1 June 2021 – commencement to be proclaimed



Disaster Management Act 57 of 2002 – Directions – GN 496 in GG 44699 of 11 June 2021 – Gatherings relating to sport, arts and culture activities published and GN 461 in GG 43226 of 9 April 2020 amended


Local Government: Municipal Finance Management Act 56 of 2003 – GN 483 in GG 44654 of 3 June 2021 – Exemption of municipalities and municipal entities from the Act and Regulations for the duration of the national state of disaster published in GN 429 in GG 43181 of 30 March 2020 withdrawn with effect from 30 June 2021

Interpretation Act 33 of 1957 – Gen Notice 335 in GG 44674 of 4 June 2021 – Notice of publication of Dictionary of Terms and Concepts for Post-School Education and Training, 2021

Occupational Health and Safety Act 85 of 1993 – GN R328 [sic] in GG 44663 of 4 June 2021 – Notice of Direction regarding first aid training published in terms of s. 27 (2) of the Act, read with Reg 3 (4) of the General Safety Regulations

Cultural Institutions Act 119 of 1998 – GN 486 in GG 44661 of 4 June 2021 – Declaration of Mandela Bay Theatre Complex as a public entity in terms of s. 3(1) published with effect from 26 May 2021

Financial Markets Act 19 of 2012 – BN 56 in GG 44674 of 4 June 2021 – Notice of proposed amendments to the EESE Rules – for comment

Disaster Management Act 57 of 2002 – GN R493 in GG 44692 of 11 June 2021 – Declaration of a national state of disaster published in GN 313 in GG 43096 of 15 March 2020 extended to 15 July 2021

Protection of Personal Information Act 4 of 2013 – GN 492 in GG 44690 of 11 June 2021 – Information Regulator: Notice of publication for comment of draft Code of Conduct from the Banking Association South Africa (BASA) that deals with how personal information will be processed by member banks


Eastern Cape

Disaster Management Act 57 of 2002 – LAN 118 in PG 4569 of 31 May 2021 – Kouga Local Municipality (EC108) –  Extension of Local State of Disaster due to the prevailing drought conditions for a further month

Local Government: Municipal Finance Management Act 56 of 2003 – PN 66 in PG 4573 of 4 June 2021 – Senqu Local Municipality – Approved 2021/2022 Annual Budget, Integrated Development Plan

KwaZulu Natal

National Building Regulations and Standards Act 103 of 1977 – MN 25 in PG 2293 of 10 June 2021 – City of uMhlathuze Local Municipality – Building Control By-law, 2019 


Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 79 in PG 3168 of 28 May 2021 – Maruleng Local Municipality – draft Policies and By‑laws – for comment

Constitution of the Republic of South Africa, 1996 & Local Government: Municipal Systems Act 32 of 2000 – PN 59 in PG 3171 of 4 June 2021 – Musina Local Municipality: Building Regulations By-laws and Electricity Supply By-laws


Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 52 in PG 3265 of 28 May 2021 – Emalahleni Local Municipality – By-laws for the prevention of public nuisances

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – Maruleng Local Municipality – Draft Policies and By-Laws – for comment

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – PN 52 in PG 3267 of 4 June 2021 – City of Mbombela Local Municipality – Fire Brigade By-Law, 2016

Western Cape

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 21334 in PG 8441 of 4 June 2021 – Stellenbosch Local Municipality – Integrated Waste Management By-law, 2020


National Environmental Management: Protected Areas Act 57 of 2003 – Gen Notice 547 in PG 178 of 2 June 2021 – City of Tshwane Metropolitan Municipality – Intention to amend the boundaries of two nature reserves: Crocodile River Reserve Doornrandjie Nature Reserve Cluster and Crocodile River Reserve Central Nature Reserve Cluster -for comment

Rationalisation of Local Government Affairs Act 10 of 1998 – LAN 557 in PG 183 of 4 June 2021 – City of Johannesburg Metropolitan Municipality – Amendment of the Joburg Market By-laws – for comment

Rationalisation of Local Government Affairs Act 10 of 1998 – LAN 558 in PG 184 of 4 June 2021 – City of Johannesburg Metropolitan Municipality – Dolomite Risk Management By-laws – for comment

Promotion of Access to Information Act 2 of 2000 – PN 487 in PG 191 of 9 June 2021 – Gauteng Province Economic Development: Promotion of Access to Information Act Manual

Constitution of the Republic of South Africa, 1996; Rationalisation of Local Government Affairs Act 10 of 1998; and Local Government: Municipal Systems Act 32 of 2000 – LAN 564 in PG 191 of 9 June 2021 – City of Tshwane Metropolitan Municipality: Internal Municipal Service District By-law

Rationalisation of Local Government Affairs Act 10 of 1998 and Local Government: Municipal Systems Act 32 of 2000 – LAN 585 in PG 191 of 9 June 2021 – City of Ekurhuleni Metropolitan Municipality: Integrated Waste Management By-laws, 2020 published




Groundprobe (Pty) Ltd and Another v Reutech Mining (Pty) Ltd and Others 2021 (3) SA 473 (SCA)

“Intellectual property—Patent—Revocation—Lack of novelty—Inventive step—Whether taken—Mounting radar device used in mining industry on vehicle—Military having mounted radar on vehicles since World War II—No inventive step—Court reiterating that non-inventions should not be allowed to stifle trade—Patents Act 57 of 1978, s 25 and s 65(4).”

De Wet and Another v Khamissa and Others (358/2020) [2021] ZASCA 70 (4 June 2021)
“Summary: Administrative law – Master refusing to appoint liquidators and later appointing them – Master functus officio and second decision a nullity.”

Bigen Africa Services (Pty) Ltd and Others v City of Cape Town and Others (18681/2020) [2021] ZAWCHC 107 (1 June 2021)
“Tenders – water and sanitation – Cape Town Municipality – Administrative law – legality”

SDCEA & GroundWork v. Minister of Forestry, Fisheries, and the Environment (South Africa High Court)
“On April 8, 2021, two environmental groups filed a petition for review of South Africa’s Department of Forestry, Fisheries and the Environment’s authorization of the Richards Bay 3000MW gas-fired power plant. Plaintiffs are the South Durban Community Environmental Alliance (SDCEA) and GroundWork. They allege that the Environmental Impact Assessment of the project included an inadequate assessment of its climate impacts, in that it failed to account for the full life-cycle emissions of natural gas. Plaintiffs allege that the greenhouse gas footprint of natural gas is worse than coal and oil on a climate-relevant 20-year timescale, and that alternatives like renewable energy were not given adequate consideration. They seek a court decision setting aside government approvals of the power plant.” [June 2021 Sabin Center for Climate Change Law Update]

Watson NO v Ngonyama and Another (453/2020) [2021] ZASCA 74 (9 June 2021)
“Summary:      Application for restoration of shares – claim that shares donated on the basis of misrepresentation that persons with BBBEE credentials would benefit – case withdrawn against registered shareholder – entities alleged to be beneficial shareholders not cited – order by court against individual alleged to have made representation incapable of execution – issues including ownership of shares involving corporate structures complex – motion proceedings inappropriate.”


Chevron Corp. v. County of San Mateo, No. 20-884 (U.S. May 24, 2021); Suncor Energy (U.S.A.) Inc. v. Board of County Commissioners of Boulder County, No. 20-783 (U.S. May 24, 2021); Shell Oil Products Co., L.L.C. v. Rhode Island, No. 20-900 (U.S. May 24, 2021)
“In three cases brought by local and state governments against fossil fuel companies, the Supreme Court granted petitions for writ of certiorari seeking review of decisions affirming remand orders. The Court vacated the judgments in the three cases and remanded them for further consideration in light of its decision in BP p.l.c. v. Mayor & City Council of Baltimore. Justice Alito did not take part in the consideration of these cases.” [June 2021 Sabin Center for Climate Change Law Update]

Sierra Club v. U.S. Army Corps of Engineers, No. 20-2195 (1st Cir. May 13, 2021)
“The First Circuit Court of Appeals affirmed the denial of a preliminary injunction to block construction of a segment of an electric transmission power corridor in Maine that would be part of a project to carry electricity from Quebec to Massachusetts, including electricity generated by hydropower. The First Circuit found that the plaintiffs did not show a likelihood of success on the merits of any of their claims under the National Environmental Policy Act (NEPA), including their claim that the U.S. Army Corps of Engineers acted arbitrarily and capriciously when it concluded that the overall project was not a “major federal action” pursuant to NEPA. Because the First Circuit rejected the plaintiffs’ arguments regarding the scope of the NEPA review, the court also concluded that the plaintiffs’ contention that the greenhouse gas reductions from the overall project were overstated did not show “controversy” that would require the Corps to prepare an environmental impact statement.” [June 2021 Sabin Center for Climate Change Law Update]

Sierra Club v. National Marine Fisheries Service, No. 20-cv-3060 (D. Md. May 24, 2021)
“In a lawsuit challenging the National Marine Fisheries Service’s 2020 biological opinion concerning oil and gas activities on the outer continental shelf in the Gulf of Mexico, the federal district court for the District of Maryland denied a motion to transfer venue to the Eastern District of Louisiana or the Southern District of Texas. One of the four failings alleged by the plaintiffs was failure to consider the compounding effects of climate-related population shifts on threats to endangered species posed by leasing activity. Although the court found that either proposed transferee district would be a proper venue, it concluded that the defendants failed to demonstrate that either district would provide ‘a more convenient or equitable stage for litigating this matter.'” [June 2021 Sabin Center for Climate Change Law Update]

Conservation Congress v. U.S. Forest Service, 2:13-cv-00934 (E.D. Cal. May 17, 2021)
“The federal district court for the Eastern District of California rejected challenges to the NEPA review for a forest thinning project. The court found that the U.S. Forest Service took a hard look at the project’s probable environmental consequences. Among the arguments rejected by the court were claims that the Forest Service’s consideration of the project’s greenhouse gas effects in the final environmental impact statement (EIS) was deficient. The court ruled that the plaintiffs were precluded from raising this argument because they did not raise greenhouse gas issues during the administrative process. The court also found that the plaintiffs failed to show that the Forest Service’s updated guidance for assessing greenhouse gas emissions constituted new information that affected the final EIS’s assessment of greenhouse gas emissions and therefore did not show that a supplemental EIS was required. The court also rejected claims under the National Forest Management Act, the Healthy Forest Restoration Act, and the Endangered Species Act.” [June 2021 Sabin Center for Climate Change Law Update]

Reynolds v. State, No. 1D20-2036 (Fla. Ct. App. May 18, 2021)
“The Florida Court of Appeal affirmed the dismissal of a lawsuit brought by eight young people alleging that the State of Florida and state officials and agencies violated their fundamental rights to a stable climate system under Florida common law and the Florida constitution. The appellate court agreed with the court below that the lawsuit raised nonjusticiable political questions.” [June 2021 Sabin Center for Climate Change Law Update]

Milieudefensie et al. v. Royal Dutch Shell plc (The Hague District Court)
“In April 2019, the environmental group Milieudefensie/Friends of the Earth Netherlands and co-plaintiffs served Shell a court summons alleging Shell’s contributions to climate change violate its duty of care under Dutch law and human rights obligations.
On May 26, 2021, the Hague District Court ordered Shell to reduce its emissions by 45% by 2030, relative to 2019, across all activities including both its own emissions and end-use emissions. The Court wrote that it ‘orders [Royal Dutch Shell (RDS)], both directly and via the companies and legal entities it commonly includes in its consolidated annual accounts and with which it jointly forms the Shell group, to limit or cause to be limited the aggregate annual volume of all CO2 emissions into the atmosphere (Scope 1, 2 and 3) due to the business operations and sold energy-carrying products of the Shell group to such an extent that this volume will have reduced by at least net 45% at end 2030, relative to 2019 levels.’ The Court made its decision provisionally enforceable, meaning Shell will be required to meet its reduction obligations even as the case is appealed.
The Court wrote ‘RDS’ reduction obligation ensues from the unwritten standard of care laid down in Book 6 Section 162 Dutch Civil Code, which means that acting in conflict with what is generally accepted according to unwritten law is unlawful.’ Plaintiffs had argued that, stemming from this standard of care, Shell had an obligation to prevent dangerous climate change through its policies, and the Court applied the standard of care to the company’s policies, emissions, consequences of its emissions, and its human rights and international and regional legal obligations. The Court concluded that the standard of care included the need for companies to take responsibility for Scope 3 emissions, especially ‘where these emissions form the majority of a company’s CO2 emissions, as is the case for companies that produce and sell fossil fuels.’
The Court rejected arguments by Shell that the EU Emissions Trading System (ETS) preempted further emissions cuts ordered by the court, and arguments that the reduction obligation would have no effect. The Court rejected the ETS argument on the grounds that the ETS only applies to some of the emissions in Europe Shell is responsible for, and the ETS does not cover emissions outside the EU. The standard of care, on the other hand, requires Shell to reduce all global emissions that will harm Dutch citizens. Further, the Court rejected the claim that a reduction obligation would have no effect because such emissions would be substituted by other companies. The Court wrote that it remains to be seen whether other companies will substitute Shell production in the face of Paris Agreement obligations and noted the causal relationship between production limitation and emissions reduction. The Court wrote, ‘The court acknowledges that RDS cannot solve this global problem on its own. However, this does not absolve RDS of its individual partial responsibility to do its part regarding the emissions of the Shell group, which it can control and influence.’”  [June 2021 Sabin Center for Climate Change Law Update]

Thomas & De Freitas v. Guyana (Guyana Supreme Court)
“Two Guyanese citizens filed suit on May 21, 2021 alleging that Guyana violated their constitutional rights by approving oil exploration licenses to an ExxonMobil-led group. Plaintiffs are Quadad de Freitas, an Indigenous youth, and Dr. Troy Thomas, a scientist and university lecturer. According to media reports, plaintiffs allege that the constitutional rights to a healthy environment, sustainable development, and the rights of future generations require the government to stop issuing licenses to activities that will exacerbate climate change. They point to evidence that the licenses could lead to billions of tonnes of CO2 emissions, which would imperil the coastal nation.” [June 2021 Sabin Center for Climate Change Law Update]



Du Plessis A (ed) Environmental Law and Local Government in South Africa (Juta 2021 e-edition / hard copy)

Department of Planning, Monitoring and Evaluation GTAC and National Research Foundation “Covid-19 Country Report” (June 2021)


Carolei D “Shell UK Ltd v Stichting Greenpeace Council: The Court of Session on the Right to Protest in the North Sea: 2020 Juridical Review (2):81-86

“Biosecurity Hazards and the Duty of Care”2020 136 Law Quarterly Review (LQR) 517-522

Wharton’s ESG Analytics Lab “Engine No. 1” (White Paper June 2021) –  past, present, and future of ESG investing, including putting forward a new methodology to assess ESG impact on all stakeholders.

Teske S and Niklas S “Fossil Fuel Exit Strategy: An orderly wind down of coal, oil and gas to meet the Paris Agreement” (Report Institute for Sustainable Futures, University of Technology, Sydney 11 June 2021)

IEA “World Energy Investment 2021” (Flagship Report June 2021)

Call for chapters: Collective book: Environmental ethics for lawyers
Through publishing a collective book entitled “Environmental ethics for jurists”, it is planned to combine the views of two disciplines, namely law and philosophy, in order to attract the attention of actors developing, influencing and applying legal standards, on environmental protection issues. We think of parliamentarians and elected officials on the local level, executive officials and agents working for ministries and other administrations, international, national or local, judges, lawyers and judicial staff as a whole, people responsible in the world of economy as well as representatives of civil society, without forgetting the world of education and research. This project aims to give a voice to the most competent philosophers and jurists who have carried out reflections in the field of environmental ethics. The book thus intends to meet two essential objectives: 1) to introduce the topic, like a handbook and 2) to scientifically deepen certain current topics, through collective research. As for the methodology, each author, philosopher or jurist, presents in her/his chapter a philosophical position or an environmental ethical issue and at the same time draws conclusions on the practical and/or legal level, in order to offer solutions aimed at actors in the field (political and administrative officials, judges, economic managers, civil society), academics (teachers, researchers, students) and the general public.
Submission: By July 15, 2021 at the latest, the committee receives from each interested researcher: – a summary of the draft text on two pages (standard word format, 1.5 line spacing) indicating the title of the chapter, – the part of the future book where it should be inserted (see the end of this document) and a short professional biography of the author (max. 15 lines).
Calendar : June 2021: opening of the call for papers and dissemination procedure in the networks July 15, 2021: closure of the call for papers procedure September 15, 2021: end of the selection of papers by the scientific committee. The scientific committee reserves the right to contact contributors directly, in particular for topics not covered following the call April 15, 2022: submission of manuscripts by contributors October 15, 2022: finalization of the revision of the manuscript of the book by the scientific directors. Size of each contribution: 20,000 characters with spaces (which corresponds to approximately 10 pages in Word format). Sending of your proposal for July 15 to the following email addresses: ; and

Blogs, Discussions, Websites, Videos, ETC

South Africa

Climate Change and Energy

Lexology Herbert Smith Freehills LLP:  Leon P, Müller E and Silvaggi G “South Africa’s transition to electromobility : a zero sum game” 1 June 2021

Lexology CMS: Majola B “Outlook of energy transition in SA shows promise” 8 June 2021

Mail & Guardian: Bega S “Joburg’s new climate plan described as ‘overly ambitious’” 7 June 2021

Local government

NWU CLES: Recording of ICLEI Chair Dr Kobie Brandt’s CLES Prestige Lecture of 18 May 2021 – if you have difficulties to download or need access, contact Bernalee Anthony


Extractives Baraza: Carnie T “South Africa Swims Against the Global Tide, Puts ‘Controlled’ Fracking Back on the Agenda” 7 June 2021

Mail & Guardian: Bega S “State halts its R10bn long-term plan to fully treat acid mine water” 12 June 2021

Daily Maverick: Stoddard E “Glimmer of light: Mining sector welcomes President Ramaphosa’s major move on energy” 10 June 2021

Bizcommunity: “Mining firms with higher ESG ratings outperform the market” 9 June 2021

Bizcommunity: Badenhorst W “How to get SA’s foreign direct investment in mining right” 8 June 2021

Water, Waste, Oceans and Chemicals

Daily Maverick: Muller M “Full dams don’t mean water security — Gauteng can’t afford to be complacent” 10 June 2021


Bizcommunity: Judge D “SDG 8 is even more important in the light of the Covid-19 pandemic” 10 June 2021

Bizcommunity: “GBCSA, YIPA sign MOU with strong focus on knowledge sharing” 9 June 2021


Biodiversity, Soil, Protected Areas and Culture

allAfrica: Smith S “Namibia: South Africa Confirms De Klerk’s Warrant of Arrest” 3 June 2021 [Legalbrief 7 June 2021]

allAfrica: Koech F “Kenya: Bee Farmers Oppose Proposed Law, Term It ‘Sabotage’” 9 June 2021

ElephantVoices: “The Elephant Ethogram is a uniquely detailed catalogue, or library, of the behavior and communication of African savanna elephants (Loxodonta africana). It is based on decades of ElephantVoices behavioral studies, photographs, and audio and video recordings, the referenced research of other elephant biologists, as well as professional and amateur footage made available to ElephantVoices. You can read more about how elephants communicate within this section of elephantvoices.org.”

Thomas Reuters Foundation: “Ghana plants 5 million trees in a single day to combat deforestation” 11 June 2021

Thomas Reuters Foundation: Marsi F “’We have history’: Saving Kenya’s last sacred forests” 10 June 2021

Mail & Guardian: Gilili C “Europe, Asia rob West Africa of fish” 12 June 2021

allAfrica: Jacob M “Tanzania: Elephant, Buffalo Populations On the Rise in Serengeti National Park” 12 June 2021

allAfrica: Walter J “Kenya: ‘Stop Killing the Elephants!’ Worry As Rampant Poaching Threatens Wildlife” 11 June 2021

Climate Change and Energy

Lexology: “At a glance: natural gas pipeline transportation and storage in Egypt” 16 February 2021

Lexology DLA Piper: Luther-Jones S “ESG and Renewable Energy in Africa” 9 June 2021 

TimesLive: “Covid-19 crisis makes electricity too costly for millions in Africa, Asia” 7 June 2021

IOL: “Mozambique launches construction of $1 billion power plant, transmission line” 31 March 2021

Bizcommunity: “African leaders urged to unite in addressing climate change” 9 June 2021

Bizcommunity: Acheampong T and Menyeh BO “Ghana’s electricity supply mix has improved, but reliability and cost is still a challenge” 11 June 2021

Bizcommunity: Winkel H “Why southern Africa’s interior is an ideal place to generate solar energy” 10 June 2021

allAfrica: Rweyendela AG and Mwegoha WJ “Africa: Climate Change Is a Threat to Africa’s Transport Systems – What Must Be Done” 10 June 2021

Environmental enforcement

FPA: Tokpah WN “Coalition of Green Ambassadors and Human Rights Activists Petition EPA To Establish Environmental Court In Liberia” 4 June 2021 [IBA Legalbrief Africa 7 June 2021]

Centre for Investigative Journalism: Bosaletswe C “EIA Committee quashes Ghanzi farmer’s claim that mining bad for environment” 31 May 2021

Local government

allAfrica: Mabika C “Zimbabwe: Senators Welcome New Toilet System” 12 June 2021


Lexology: “A thumbnail guide to oil exploration and production in Ghana” 29 May 2021

Extractives Baraza: Anyango A “US $30Bn LNG Project in Tanzania to Begin in 2023” 7 June 2021

Extractives Baraza: Mwita M “Base Projects Higher Mineral Output This Year” 7 June 2021

Mail & Guardian: Kings S “Petro states: What happens when 30% of your national budget disappears in a decade?” 12 June 2021

Bizcommunity: Nogueira M “Vale to pay $2.5bn to settle liabilities in Mozambique mine corridor” 9 June 2021

Water, Oceans, Waste and Chemicals

Bizcommunity: Higginbottom T, Adhikari R and Foster T “Big irrigation projects in Africa have failed to deliver. What’s needed next” 10 June 2021

allAfrica: “West Africa: Troubled West African Waters and New Conversation On Coastal Security” 13 June 2021

Euractiv: “More than 350,000 people in Ethiopia’s Tigray in famine: UN analysis” 11 June 2021


IISD SDG Knowledge Hub: “World Social Report Brings Rural Development to Forefront of SDG Fulfilment” 7 June 2021

IOL: Kommal TO “Unleashing Africa’s potential requires a bold mindset shift” 13 June 2021


Biodiversity, Protected Areas, and Culture

Lexology: “Washington Department of Ecology Releases Draft Green Remediation Guidance” [USA] 3 June 2021

Science: Stokstad E “Scientists evolve a fungus to battle deadly honey bee parasite” 4 June 2021

Science: Pennisi E “Cloudy waters are driving Florida’s massive manatee die-off” 10 June 2021

IISD ENB: Convention on Biological Diversity – CBD | 3rd Meeting of the Subsidiary Body on Implementation (SBI-3) | 16 May – 13 June 2021 | Online

IISD ENB: Intergovernmental Platform on Biodiversity and Ecosystem Services – IPBES|  Stakeholder Days and 8th Session of the IPBES Plenary | 3–24 June 2021 | Online

IISD SDG Knowledge Hub: “IPBES to Assess Transformational Changes to Tackle Biodiversity Loss” 9 June 2021

IISD SDG Knowledge Hub: “IPBES Assessment to Explore Biodiversity-Water-Food-Health Nexus” 9 June 2021

Lexology: “Lesser Prairie-Chicken Faces Re-Listing Under the Endangered Species Act” 9 June 2021

Youtube: “August Burns Red – Leveler” [Canada] 21 May 2021

ABC News: Conroy G “Sharks were nearly completely wiped out 19 million years ago” 4 June 2021

Business Day: Study shows Wuhan food market sold wildlife illegally” 9 June 2021

Thomas Reuters Foundation: Biron CL “In the U.S. South, a forestry project helps Black families keep their land” 9 June 2021

Thomas Reuters Foundation: Nagaraj A “In India’s paradise islands, anger flares over government’s tourism plans” 8 June 2021

Thomas Reuters Foundation: Taylor M “Restore land the size of China to meet climate and nature goals, UN says” 3 June 2021

Thomas Reuters Foundation: Goering L “To stem nature loss, start by ending harmful subsidies, economists say” 8 June 2021

Nature: Marris E “It takes a wood to raise a tree: a memoir” 7 June 2021

The Conversation: Law A “Climate change: world’s lakes are in hot water – threatening rare wildlife” 7 June 2021

Lexology: “Satisfying credit obligations under the NSW Biodiversity Offset Scheme” 4 June 2021

Scientific American: Nuwer S “De-Ratting Rat Island Brought Silent Ecosystem Back to Life – The impact was clear up and down the coastal food chain” June 2021

Euractiv: Carrington D “Climate and nature crises: solve both or solve neither, say experts” 11 June 2021

Climate Change and Energy

Lexology: “Legal Alert: FY 2022 Green Book goes big for green energy” [USA] 1 June 2021

IISD ENB: UN Framework Convention on Climate Change – UNFCCC | 2021 Sessions of the UNFCCC Subsidiary Bodies | 31 May – 17 June 2021 | Online

Carbon Brief: “The Carbon Brief profile: Mexico” 4 June 2021

Lexology: “FERC Climate Change Concerns to Delay Five Pending Natural Gas Pipeline Projects” 2 June 2021

Lexology: “A thumbnail guide to oil exploration and production in Brazil” 29 May 2021

Lexology: “Litigation Update: significant developments in climate-related litigation overseas” 3 June 2021

Sabin Centre on Climate Change Law Podcast: Michael Gerrard “Defending the Planet” 3 June 2021

Sabin Climate Law Blog: ‘Investor-State Dispute Settlement’ as a New Avenue for Climate Change Litigation, by Matteo Fermeglia, Catherine Higham, Korey Silverman-Roati, and Joana Setzer, June 2, 2021

Lexology: “ESG and green loans” 8 June 2021

Lexology: “Federal Constitutional Court compels legislators to accelerate climate neutrality” 10 June 2021

Lexology: “Washington State’s Climate Change Fight: Clean Fuels Standards and Cap-and-Trade Program” 8 June 2021

Nature: Peng W et al “Climate policy models need to get real about people — here’s how” 8 June 2021

Thomas Reuters Foundation: Goering L “From migration to geoengineering, climate risks threaten more conflict” 9 June 2021

Lexology: “Climate, Credit & Canada – Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking” 8 June 2021

Lexology: “Australia: Amendments to the NGER scheme proposed for hydrogen, enhanced oil recovery, and oil and gas fugitive emissions” 11 June 2021

Lexology: “Approval of the Law on Climate Change and Energy Transition: analysis of the main aspects from an energy perspective” [Spain] 8 June 2021

Lexology: “Climate friendly contract clauses” [UK] 1 June 2021

Environmental Enforcement

Lexology: “The US Supreme Court rules on triggers for CERCLA Statute of Limitations The Territory of Guam v. United States Decision by the U.S. Supreme Court (May 24, 2021)” 3 June 2021

Lexology: “D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review” [USA] 3 June 2021

Lexology: “Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions” [Netherlands] 3 June 2021

IISD ENB: 1st Global Meeting of National Focal Points under the 5th Montevideo Programme | 2–5 June 2021 | Online  – Summary Report can be found here

Lexology: “CJEU rules on compatibility of barriers to public participation and access to justice rights with the Aarhus Convention” 2 June 2021

Lexology: “Milieudefensie et al. v Royal Dutch Shell plc – The Paris Climate Agreement in Full Force” 2 June 2021

Lexology: “Class Action Litigation Newsletter | Spring 2021” [USA] 9 June 2021

Lexology: “The draft EIA notification, 2020: what went wrong?” [India] 10 June 2021

Lexology: “Parent company liability: Supreme Court clarifies approach to jurisdictional challenges” [UK] 1 June 2021

Lexology: “Victoria’s new environmental protection reforms and the national state of play: part one” [Australia] 9 June 2021

Lexology: “Environmental Law Programme to Spend Next Decade Fighting Air Pollution” 9 June 2021

Local government

Lexology: “The role of companies in sustainable worker mobility” [Spain] 3 June 2021

Lexology: “New bill for a green(er) mobility” [Belgium] 3 June 2021

Lexology: “Potential Disruption to Developers as Questions on Building Heights Guidelines and SEA Directive Referred to Europe” 2 June 2021

Lexology: “Future Cities Series: Smart city joint ventures – A way to improve ESG compliance?” 2 June 2021

Lexology: “Sustainable and smart mobility. The Council’s conclusions” 11 June 2021


Lexology: “Sharma court finds duty of care to protect young Australians from future injury from climate change” [Australia] 4 June 2021

Lexology: “Can approval of a coal mine amount to a breach of a duty of care owed to Australian Children?” [Australia]  4 June 2021

Thomas Reuters Foundation: “Indonesian tin miners target the ocean as reserves dwindle on land” 7 June 2021

Lexology: “For peat’s sake (and ours)” [UK] 4 June 2021

Extractives Baraza: Togiba L and Doherty B “Mining in the Pacific: A Blessing and a Curse” 7 June 2021

Carbon Brief: Tate JD “Guest post: Hundreds of planned coal mines ‘incompatible with 1.5C target’” 11 June 2021

Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights:  Statement in support of the US decision to suspend oil and gas leases in the Artic Wildlife Refuge
The suspension order aims to promote environmental and biodiversity protection, species conservation, human rights, and environmental justice. As the REDESCA statement notes, the order protects 19 million acres in Alaska, including ancestral land of the Gwich’in people, and a multitude of T&E and rare species. For additional information about REDESCA’s statement in support, please contact Daniel Norona with the Organization of American States.

Water, Oceans, Waste and Chemicals

Lexology: “Analysis of Recent and Forthcoming State Legislation on Toxic Chemicals in Cosmetics and Personal Care Products and Preemptive Effects of Existing Federal Legislation” 3 June 2021

Lexology: “Coalition of Canadian Plastic Industry Members Launch Legal Challenge to Designation of Plastic Manufactured Items as Toxic under CEPA” 4 June 2021

Lexology: “Weg met zwerfafval: statiegeld op blikjes” [Away with litter: deposits for tins] [Netherlands] 3 June 2021

Science: Perkins S “The rise and fall of the world’s largest lake” 4 June 2021

Lexology: “Judge Does Not Require Dam to Alter Water Flows for ESA Species Protection” 3 June 2021

Lexology: “District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment” 3 June 2021

IISD: Tsioumanis A “The Rising Pressures on Ocean Governance” 8 June 2021

Science: Rabesandratana T “Research on ocean plastic surging, U.N. report finds” 10 June 2021

Nature: Fisher S “The woman who spoke for the sea” 9 June 2021

Lexology: “Anybody up for a game of ping-pong? — EPA/Army Corps to Repeal Navigable Waters Protection Rule” [USA] 9 June 2021

Lexology: “Coastal Adaption Planning” [Australia] 10 June 2021

Lexology: “Senators put PFAS clean up cart before the risk characterization horse” [USA] 9 June 2021

Lexology: “New wave of litigation expected to hit Australia’s eroding shoreline” 9 June 2021

IISD SDG Knowledge Hub: “Stakes High for BBNJ Conference on Ocean Governance” 9 June 2021

Thomas Reuters Foundation: Murray C “Threatened Caribbean coral reefs get a new ally: insurance” 11 June 2021

Lexology: “Peru: The procedure for obtaining water use licenses under regularization has been approved” 7 June 2021

IISD SDG Knowledge Hub: “World Needs Alternatives to Protect Rainforests of the Sea: Policy Brief” 7 June 2021

IISD SDG Knowledge Hub: “SAICM, NRDC Examine Addressing Chemicals in Textile Industry” 7 June 2021

Lexology: “The water trigger expands: Federal Court rules on the scope of EPBC Act protection of water resources” [Australia] 7 June 2021

Mail & Guardian: Bega S “Intrusion of warmer Atlantic waters is causing ‘Atlantification’ of Arctic Ocean” 11 June 2021


Lexology: “When might a sustainability claim be misleading? The UK Competition and Markets Authority publishes draft guidance” 4 June 2021

Nature: Howe NP an Thompson B “On the origin of numbers – The cross-discipline effort to work out how ancient humans learned to count” 3 June 2021

IISD ENB: Global Environment Facility – GEF | 60th Meeting of the GEF Council | 11–18 June 2021 | Online

Lexology: “Ten Tips for Sustainability Professionals in the Fashion & Textiles Industry” 9 June 2021

Lexology: “Sustainable corporate governance, stakeholderism and human rights due diligence” [EU] 10 June 2021

IISD SDG Knowledge Hub: “Public Opinion Survey Ranks Global Priorities for SDGs” 9 June 2021

IISD SDG Knowledge Hub: “My Experience at the ECOSOC Youth Forum” 9 June 2021

Lexology: “CMA publishes draft guidance on misleading green claims” [EU] 1 June 2021

Lexology: “NJDEP Overhauls Remediation Standards for Contaminated Sites in New Jersey” [USA] 7 June 2021

Conferences, Workshops, Study Opportunities


Fourth seminar in 10-part Climate Change Series, hosted by the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (a centre of the University of Johannesburg). This seminar is titled ‘Looking Back, Looking Forward – Can Law Change the Climate Trajectory?’ – Prof Christina Voight and Dr Melanie Murcott
Date: 17 June 2021
Time: 17h30 – 19h00 (South Africa time: GMT plus 2)
Venue: Zoom Meeting – link here

RSVP to . There is a maximum of 100 participants in the Zoom seminar but the seminar will also be live-streamed on the Facebook page of SAIFAC (https://www.facebook.com/SAIFAConline/)

Animal rights in South African law (Zoom webinar)
Topic: What are “animal rights” and what rights do animals in South Africa have?
Presented by Tony Gerrans – Executive Director at the Humane Society International – Africa.
28 June, 9:00-11:00 SAST
Register here

IMBEWU’s Environmental Law Update Workshop

Online course: To book, email or call us on 011 214 0660
For more information about the course consult the website.

CBSS Training Courses in Water Governance scheduled for 2021

  • 17 – 19 August 2021, in Pretoria
    • Refresher (for those who attended previous courses): 19 August 2021
    • Early Bird discount applicable until 6 July 2021
    • Registration closes 20 July 2021
    • Only TWO (2) seats still available
  • 7 – 9 September 2021, near Stellenbosch
    • Refresher (for those who attended previous courses): 9 September 2021
    • Early bird payment before 20 July 2021
    • Registration closes 3 August 2021
    • Nine (9) seats still available
  • Mpumalanga, KZN and Eastern Cape: date and venue to be confirmed, depending on interest

You can register here

NWU: Unit for Continuing Education Short Courses
CEM-03.1.1 Environmental Management Systems: 5 – 9 July 2021
Contact Rosy Moloto: 018 299 2725 / Nonzuzu Seleka: 018 299 1470 for more information

South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC):  10-part series on Climate Change Leadership: Bringing Science, People and Policy Together

  • 17 June 2021: Topic 4: Looking back, looking forward – can law change the climate change trajectory?
  • 29 July 2021: Topic 5: Who produces CO2 and why? What are the options and technologies for reducing greenhouse gas emissions?
  • 19 August 2021: Topic 6: Increasing pressure, increasing implications for businesses?
  • 2 September 2021: Topic 8: Jobs or the environment? How can climate change responses address the interests of labour?
  • 30 September 2021: Topic 9: Preparing for COP 26 – What does South Africa want from the COP negotiations?
  • 14 October 2021: Topic 10: Where to from here? The role of the next generation and their views on a safe and human world for all

More information available on the SAIFAC Facebook page https://www.facebook.com/SAIFAConline

Enterprises @ University of Pretoria Online Short Course in Environmental Law
Date: 21 June to 2 July 2021
Led by Dr Melanie Murcott
More information

IAIAsa National Conference: Re-thinking IEM in pursuit of the sustainable development goals:  1st call for presentations
Date: 17-19 August 2021
Call for abstracts here – Abstract deadline: 4 June 2021

Webinar – Royal Society and ASSAf: GM Crops and the Global Divide by Professor Jennifer Thomson
Date: Jun 16, 2021
Time: 5pm
Join Zoom Meeting: https://us02web.zoom.us/j/89501898108?pwd=VmpEbmhxMEp3cUlWUDZOdVBrb3lvUT09
Meeting ID: 895 0189 8108 / Passcode: 106392

UCT Law Short Course: What are “animal rights” and what rights do animals in South Africa have? – Presented by Tony Gerrans – Executive Director at the Humane Society International – Africa
Date: 28 June 2021
Time: 9:00-11:00 SAST
More information 

IAIAsa North West Online Branch Event: EAPASA Registration by Dr Patrick Sithole, Registrar, and the EAPASA team
Date: Friday 18 June 2021 from 10h00 – 12h00
The invitation is available here
Register for the IAIAsa NW Branch event here. Registration for this Event will take place through the Glue Up platform. Registration closes 17:00 Wednesday 16 June 2021

Africa Energy Insights: How to mitigate the electricity price hike
Date: 6 July 2021
Time: 10:00-11:00
More information and registration

WAITRO Regional Focal Point – Africa based at the NWU: Round Table on Intellectual Property: Vaccines and Patents – A spotlight on equitable access to medicines during a global health crisis and thereafter
Date: 30 June 2021, Time: 13:00-14:30 (CET)
Registration and more information

CLES Critical Conversation: Social Security Law as an Adaption Measure to Climate Change in South African Cities
Date: 8 July 2021 @ 14:00 pm
To register: https://forms.gle/jBfJj3JDu77nyUJb6


The Road to COP 26/CMA 3 Preparatory Lecture Series:
Date: 18 June 2021, 10:00 (London) / 18:00 (Beijing): Advancing Technology Development and Transfer under the Paris Agreement by Stephen Minas, Associate Professor, Peking University School of Transnational Law and Vice-Chair of the UNFCCC Technology Executive Committee
Date: 2 July 2021, 12:00 (London) / 17:00 (Dhaka): The perspective of the Least Developed Countries on Loss and Damage from climate change by Dr Saleemul Huq, Director of the International Centre for Climate Change and Development (ICCCAD) and Professor at the Independent University Bangladesh (IUB)
Date: 30 July 2021 10:00 (London) / 18:00 (SGT) Global Goal for Adaptation for Raising Ambition under the Paris Agreement by Selam Kidane AbebeLegal Advisor for the African Group of Negotiators under the UNFCCC
Date: 26 August 2021, 10:00 (London) / 18:00 (SGT) Streamlining the Ocean into COP 26 and beyond by Nilufer Oral, Director, CIL-NUS and Member of the International Law Commission
Date: 24 September 2021, 10:00 (London) / 18:00 (SGT) Equity and Fairness in International Climate Change Law by Lavanya Rajamani, Professor of International Environmental Law, Faculty of Law, University of Oxford
Date: 8 October 2021, 10:00 (London) / 18:00 (SGT) The Compensation Question: Loss and Damages by Linda Siegele, Legal Advisor to AOSIS Member States
More information

IUCN AEL 2021 Groningen Colloquium Registration
Date: 28 June 2021 – 2 July 2021
Register here

Virtual Conference: Climate Change in the West: Land, People, Markets, and Law
Date: June 17, 2021—June 18, 2021
Time: Eastern Time (adjust to own time zone possible on website)
A full conference brochure is also available here
Registration and more information [apparently free for students – not sure of all students or only USA students]




Biodiversity, protected areas, animal rights, culture

Broughton T “Durban environmentalist wins nod to fight logistics company to preserve sacred cemetery” TimesLive 9 June 2021

Environmental enforcement

Githahu M “DA facing defeat in legislature vote on Western Cape environmental commissioner post” IOL 2 June 2021 [Legalbrief Environmental 8 June 2021]

Criminal: Hunter who killed leopard falls foul of the law
“A hunter who killed a leopard has fallen foul of the law and traditional custom. According to a report in The Times, Sabelo Mthembu says he killed the leopard with his spear two weeks ago, outside the Hluhluwe-iMfolozi Park in KZN. People living in Nsolweni, on the eastern boundary of the park, say the leopard had been terrorising the community and their livestock. But Mthembu is now in trouble with the law for killing a protected species, and with the Zulu king for not presenting the skin and claws to the monarch, according to tradition. He has been served with a royal summons to apologise to King Misuzulu, and could receive a legal summons to defend himself in court. Mthembu, meanwhile, has sold the evidence for R20 000. He could be charged under the Tops (threatened or protected species) regulations that forbid the killing of many species, including leopard. He may also have contravened the Convention on International Trade in Endangered Species, which controls the trade of wild animals and their body parts. Mthembu said he will not apologise. Full report in The Times (subscription needed) Legalbrief Environmental 8 June 2021

Climate change and energy

“President: Tackling climate change a national priority” SANews 11 June 2021

Amashabalala M “Claim that Glencore used Ramaphosa to strong-arm Eskom ‘ridiculous’” TimesLive 10 June 2021

Koko K “Ramaphosa unveils policy amendments to help struggling Eskom” Mail & Guardian 10 June 2021

Paton C “Emissions targets to change energy plan” Business Day 10 June 2021

“Karpowership SA: Green Scorpions enviro investigation could capsize R225bn deal” Daily Maverick/amaBhungane 9 June 2021

Nombembe E “Pre-paid electricity ‘fraud ring’ appears in Gauteng court” TimesLive 12 June 2021

Squazzin A “Power tender threatened with interdict” TimesLive 11 June 2021

Solomon T-L “Refrain from illegal electricity connections and meter tampering, says Eskom” IOL 13 June 2021

Dludla S “Ramaphosa approves amendment to Electricity Regulation Act” IOL 10 June 2021

“GreenX Engineering helps Cloetesville Primary to achieve EPC certificate” Bizcommunity 11 June 2021

Liedtke S “Eskom experiencing increase in electricity theft, illegal connections” Engineering News 11 June 2021

Liedtke S “LPG expected to fill Africa’s energy demand gaps in a renewable future” Engineering News 11 June 2021

Energy: Significant embedded generation reform announced
“President Cyril Ramaphosa’s announcement of a hundredfold increase in the licensing threshold for embedded generation projects could add as much as 15GW to the electricity system over the next ‘five-to-seven years’, according to Intellidex capital markets research head Peter Attard Montalto (Engineering News). To be gazetted ‘within the next 60 days or sooner’, by significantly improving ‘energy security’ the new 100MW threshold is expected to attract ‘about R100bn in first-order and higher second-order domestic and foreign investment’, notes Montalto. However, clarity is needed on the requirements to be met by embedded generators with the capacity to ‘wheel electricity through the transmission grid’. In that regard, Ramaphosa alluded to project registration approval; a ‘grid connection permit’; ‘wheeling charges’; and ‘connection agreements with Eskom and relevant municipalities’.” Read full report in Legalbrief Policy Watch 11 June 2021

Liedkte S “South Africa on its way to decentralised power system – SAWEA” Engineering News 11 June 2021

Liedkte S “Nersa welcomes 100 MW embedded-generation licensing-exemption decision” Engineering News 11 June 2021

“Western Cape government calls for information on renewable projects to beat load shedding” Polity 11 June 2021

Litigation: Econ boss admitted to acting improperly – De Ruyter
“The MD of Econ Oil, Nothemba Mlonzi, has admitted in court papers to acting ‘improperly, if not corruptly’, in interfering with the award of a multibillion-rand fuel oil tender, according to an affidavit by Eskom CEO André de Ruyter. De Ruyter’s papers, filed in Eskom’s ongoing review of an October 2019 tender award of which Econ was assigned the lion’s share of a R14bn, five-year fuel oil supply deal, set out in detail why Eskom believes the award should be set aside, reports News24. Eskom filed the application in January 2021, and the case is expected to be argued from Wednesday in the Gauteng High Court (Johannesburg). Bowmans, which was appointed to probe widespread graft at the power utility, provided Eskom with a preliminary report that found an improper relationship between Mlonzi’s Econ Oil and Thandi Marah, a former Eskom official, in January 2019. Documents in the Eskom Files – a leaked trove of documents running into thousands of pages – showed Bowmans identified red flags in connection with contracts worth R178bn, but this did not include fuel oil supply contracts or Econ Oil, which Bowmans was asked to investigate outside of major Kusile power station contracts. In her responding papers, Mlonzi, who claimed publicly her court papers ‘exposed’ reports by Bowmans law firm as ‘unreliable, misleading and based on fallacious assumptions’, in fact, confirmed several findings by Bowmans. ‘On Mlonzi’s own version … she acted improperly, if not corruptly. On her own admission, her conduct contravened at least two of the cardinal rules of public procurement,’ De Ruyter’s affidavit read. He then set out examples of this contained in Mlonzi’s affidavits, which are listed in the News24 report online. De Ruyter set out five key reasons why Eskom now believed the 2019 fuel oil tender should be set aside.” Full News24 report Legalbrief 7 June 2021

General: Eskom still in corruption grip – De Ruyter
“Eskom is still captured by corruption, its chief executive, André de Ruyter, says. He says in an interview with Beeld people should not think state capture is something of the past because the Guptas are out of the country. ‘That is definitely not the case. The corruption is still endemic, and I can unfortunately say with authority about Eskom, still there.’ De Ruyter says corruption is per definition underhanded and not easily identifiable. ‘If one starts to cut off the pipelines that leads money from the organisation, one obviously gets resistance. This is true when you hold people accountable for performance as well.’ He said there is a culture of entitlement at Eskom and some people feel entitled to their job because they have been in the position for many years. De Ruyter recently appointed a new head of audit and forensic services and her first challenge is to appoint six new auditors as the positions have been vacant. ‘And you can imagine why (the positions) were never filled…’” Full Beeld report (subscription needed) Legalbrief 10 June 2021

Corporate: Absa cautious on Karpowership funding
“SA’s fourth largest bank by assets, Absa, says it will tread cautiously in evaluating any proposals to fund Turkish company Karpowership, which was recently awarded the lion’s share of the emergency power procurement contract – because of the allegations of irregularities surrounding the tender. ‘We are not about to give away our reputation that we have built on one transaction,’ said Absa interim CEO Jason Quinn when asked by environmental lobby group Just Share whether it had committed to financing Karpowership. ‘I can confirm we have committed to nothing yet. Any commitment remains subject to independent legal, technical, environmental, insurance due diligences, as well as credit processes. I can also confirm that enhanced reputational due diligences would be conducted,’ Quinn is quoted as saying in a Business Day report. Majority Turkish-owned company Karpowership was awarded the lion’s share of government’s R225bn ‘emergency’ power procurement round in March to provide liquefied natural gas-fired power from floating barges at three points around the country’s coast. Aside from environmental concerns – the ships emit greenhouse gases and are known to endanger marine life – there have been allegations of corruption around the bidding process. DNG Power, a disgruntled bidder, has taken the Department of Mineral Resources & Energy to court claiming that it was put under pressure by officials to engage in corruption to win the deal. The case goes to court in July. Quinn confirmed no decision would be taken until the case has been resolved.” Full Business Day report (subscription needed) Legalbrief 7 June 2021

Makwakwa T “Eskom makes Econ Oil U-turn” The Star 10 June 2021

Energy: Ruling brings death knell for Khanyisa coal project
“A court ruling to invalidate environmental approvals for the Khanyisa Coal Power Station has dealt a deadly blow to the proposed project, says a Business Day report. In a ruling handed down by the Gauteng High Court (Pretoria) last week, it was declared that environmental approval for the planned 600MW Khanyisa coal-fired power station has expired. According to the Centre for Environmental Rights (CER), which represented the applicants, the order is effectively ‘the final nail in the coffin’ for the proposed coal plant, which has met countless legal and other hurdles since its inception. The ruling comes after Thabametsi, another proposed coal-fired plant was cancelled by its developers – Japan’s Marubeni Corporation and the Korea Electric Power Corporation – in December 2020 as it faced fierce opposition from environmental justice groups and struggled to bring funders on board. Its environmental authorisation was also set aside by the High Court. Pressure from environmental groups led SA’s largest banks, Standard Bank, FirstRand, Nedbank and Absa, to agree to withdraw from funding both Khanyisa and Thabametsi. The two projects were the preferred bidders in SA’s first bid window for the Coal Baseload Independent Power Producer Procurement Programme under a 2012 ministerial determination that called for 2 500MW of baseload coal. Despite the hurdles these projects encountered, Mineral Resources & Energy Minister Gwede Mantashe has promised to release a tender for 1 500MW of new coal in 2021 as is provided for in the Integrated Resource Plan 2019, SA’s electricity infrastructure road map. Mantashe said it would be up to the market to decide if there is an appetite for such projects. Last week’s ruling comes as a result of a legal challenge launched by environmental justice group groundWork, represented by the CER, in 2017 that sought to set aside the environmental approval for the plant on the basis that the developers, Saudi company ACWA Power, failed adequately to assess the project’s climate change impacts, and that the Environment Minister, the late Edna Molewa, failed to consider climate change impacts before approving the project. Khanyisa has faced numerous other challenges, notes the report.” Full Business Day report (subscription needed) Legalbrief Environmental 8 June 2021

Local government

Claasen L “Deputy finance minister welcomes ruling opening way for intervention in municipalities” Moneyweb 8 June 2021

Nkosi B “Property giants drag NGO to court over land use” The Star 8 June 2021


“Anglo’s coal retreat may boost South African fossil-fuel output” Mining Weekly 11 June 2021“

Water, oceans, waste and chemicals

Ensor L “Heat is on for water officials” Business Day 11 June 2021

Harper P “Court to hear challenge to dissolution of Umgeni Water board” Mail & Guardian 10 June 2021

“Consumers urged to intensify water conservation efforts” SANews 10 June 2021

Water: Holsloot Weir given to Water User Association
“Agriculture MEC Ivan Meyer has handed over the newly opened Holsloot Weir near Rawsonville to the Holsloot Water User Association (HWUA). According to a Cape Argus report, the R78m project was a collaboration of department officials, Stellenbosch University, Ingerop Consulting Engineers, JVC Construction and the Cape Agency for Sustainable Integrated Development in Rural Areas (Casidra). The weir is a river protection intervention aimed at ensuring functioning ecosystems. According to the department’s Cape Winelands district manager, Rudolph Röscher, it provides an agricultural and environmental solution to the ecological damage caused by several severe floods over the years. ‘Individual farmers and landowners will actively implement alien infestation-clearing projects to restore the Holsloot River along the riparian zone of the project,’ said Meyer. HWUA chair Ettiene Weiderman said that, unlike in the past, they now have a measured river.” Full Cape Argus report (subscription needed) Legalbrief Environmental 8 June 2021

General: Sisulu spotlights opposition to Amatola Water clean-up
“Human Settlements, Water & Sanitation Minister Lindiwe Sisulu has accused Eastern Cape law enforcement agencies and some politicians of working against her efforts to rid the Amatola Water Board of corruption. A Daily Dispatch report says addressing Parliament last week, Sisulu accused the agencies of sabotaging her work, saying she was not getting the necessary co-operation with law enforcement agencies in dealing with water boards, especially in the Eastern Cape. ‘A case in point, several criminal cases that were reported both to the SAPS, NPA/Asset Forfeiture Unit as well as the Hawks have born no fruit, despite glaring evidence submitted to all of them against the erstwhile CEO of Amatola Water Board,’ she said. ‘We have acted on corruption in the water sector, with an unprecedented decisiveness. However, in the Eastern Cape (Amatola) there is clear connivance to avoid the consequences of the law. The former CEO (Vuyo Zitumane) has had charges laid against her arising from extensive forensic investigations that were concluded, but these have not reached the courts,’ Sisulu said. Zitumane was reportedly charged by the department in 2020 with a number of transgressions, including violating the Public Finance Management Act and Amatola supply chain management regulations by illegally appointing Crossmoor Transportation and Osher Fuels for a water harvesting tender in March. Sisulu believes some Eastern Cape politicians worked with some law enforcement agency members against her efforts to clean up Amatola Water of corrupt elements. She even wrote to former ANC secretary-general Ace Magashule seeking political guidance on how she should handle Amatola issue”. Full Daily Dispatch report (subscription needed) Legalbrief 9 June 2021


“SA’s Rooibos joins the likes of Champagne, Irish whiskey to get EU geographic protection” IOL 7 June 2021

“TUHF launches Sustainable Bond Framework, first social bonds” Bizcommunity 11 June 2021


Biodiversity, protected areas, animal rights and culture

Taylor L “Uganda drive to certify customary land runs into culture clash” Thomas Reuters Foundation 1 June 2021

Galster S “G7 nations talk a good game on fighting the illegal wildlife trade, but still aren’t getting serious” The Independent 10 June 2021

Briggs H “’Quick fixes’ to the climate crisis risk harming nature” BBC 11 June 2021

Gill V “Amazon-dwellers lived sustainably for 5,000 years” BBC 8 June 2021

Climate change and energy

Lee D and Lee J “G7 to agree tough measures on burning coal to tackle climate change” BBC 13 June 2021

Siebold S and Emmott R “Analysis: With Trump gone, NATO wages war on climate threat” Reuters 13 June 2021

Schneider H “Powell says Fed does not seek to set climate policy for U.S.” Reuters 4 June 2021

“’Natural climate solutions’ are available to help Canada meet emissions targets, new study says” CBC 4 June 2021

“EC cautions on green power, hydrogen imports to EU” Montel 3 June 2021

“Croatia adopts low-carbon strategy: emissions to be reduced 80% by 2050” Balkan Green Energy News 3 June 2021

“Canadian company TC Energy drops Keystone pipeline project” news.com.au 10 June 2021

“Preview: Switzerland’s climate strategy faces knife-edge public vote” Carbon Pulse 11 June 2021

“EU ministers leave door open for hydrogen blending in cross-border energy projects” Carbon Pulse 11 June 2021

Krukowska E and Shankleman J “G-7 Leaders Poised to Turn Spotlight on Climate Finance” Bloomberg Green 10 June 2021

Lo J “Norway eyes expansion of oil and gas industry under policy proposalClimate Home News 11 June 2021

Amelang S “Green congress delegates push for more radical manifesto as party drops in polls” [Germany] Climate Wire 11 June 2021

Rabe T “NSW rail network to go green by 2025, smaller ferries to go electric” Sydney Morning Herald 11 June 2021

Hepfer T “Flying taxis could poach passengers from planes, Avolon says” Reuters 11 June 2021

Gramling C “Scientists have found the origins of a mysterious, deadly flood in India” Science News 10 June 2021

Jessop S “CEOs and investors push world leaders for stronger climate action” Reuters 10 June 2021

Abnett K “EU countries agree to prolong gas project funding, with caveats” Reuters 11 June 2021

“Poland faces first citizen lawsuits over climate change” Reuters 11 June 2021

Meza E “German climate activists prepare wave of court cases in wake of Shell ruling” Climate Energy Wire 10 June 2021

Wettengel J “People in G7 and emerging countries see climate as major security risk – survey” Climate Energy Wire 9 June 2021

Simon F “Official: Western Balkan countries are ‘milking coal power plants until the bitter end’” EurActiv 10 June 2021

“Council endorses new EU strategy on adaptation to climate change” European Council 10 June 2021

Perez E, Cohen Z and Marquardt A “First on CNN: US recovers millions in cryptocurrency paid to Colonial Pipeline ransomware hackers” CNN 8 June 2021

Bousso D “Shell to step up energy switch after landmark court ruling” Business Day 10 Day 2021

“EU plans new social fund from expanded carbon market, says EC climate chief” Carbon Pulse 9 June 2021

“New York ISO seeing increased power demand, higher generation from carbon-emitting sources” Carbon Pulse 9 June 2021

“Poland’s Belchatow, EU’s largest emitter, to start closing lignite units from 2030 -draft plan” Carbon Pulse 8 June 2021

“Germany targets EU aviation allocation in carbon price stance -leaked document” Carbon Pulse 8 June 2021

House R “Keystone XL pipeline project terminated by developer following legal battle” The Jurist 10 June 2021

Gammon K “Line 3: protests over pipeline through tribal lands spark clashes and mass arrests” The Guardian 10 June 2021

Harvey F and Helm T “All hot air: UK commits to climate action but not to new funding” The Guardian 12 June 2021

Ebrahim S “Nuclear arms, climate change, Covid-19 top of Biden, Putin meeting agenda” IOL 13 June 2021

Williams K “North Carolina governor signs order expanding offshore wind power” The Jurist 12 June 2021

Partridge J “World oil demand ‘will rebound to pre-Covid levels by end of 2022’” The Guardian 11 June 2021

Iannucci E “Qld govt to expand renewables fund to include hydrogen” [Australia] Mining Weekly 11 June 2021

Rowlatt J “Why it’s the end of the road for petrol stations” BBC 11 June 2021

“Swiss voters look set to reject law to help cut carbon emissions” Reuters 13 June 2021

“German environmental groups file objection against Tesla gigafactory permit” Reuters 11 June 2021

Environmental enforcement

“Brazil’s Supreme Court authorizes criminal probe into environment minister” Thomas Reuters Foundation 2 June 2021

“Crisis Averted: How The USCG Environmental Crimes Voluntary Disclosure Policy Can Shield Against Prosecution” Lexology 7 June 2021

The last judgement More than 200 plaintiffs are suing the Italian State for its insufficient action to fight climate change. The lawsuit, initiated as part of the Giudizio Universale (The Last Judgement) campaign. The objective of the legal initiative is to ask the Civil Court of Rome to declare that the Italian State is responsible for failing to tackle the climate emergency and that the efforts made are insufficient to meet the long-term temperature goal set by the Paris Agreement, and to recognise a violation of human rights. The plaintiffs have also ordered Italy to reduce GHGs by 92% by 2030 compared to 1990 levels”. Carbon Pulse 8 June 2021

Local government

Bacchi U “Cities urged to build upwards but ditch skyscraper obsession” Thomas Reuters Foundation 2 June 2021

Petkar V “EU Commission sues Italy over unsafe drinking water” The Jurist 11 June 2021


“European Commission joining Czech lawsuit against Poland over coal mine” Carbon Pulse 9 June 2021

“Canada’s oil sands producers form alliance to achieve net-zero emissions by 2050” Reuters 9 June 2021

Watts J “Wealthy Nations Breaking Climate Pledge With Gas Dash in Global South” Extractives Baraza 7 June 2021

Jaay C “Greenpeace launch legal action against UK government over secrecy on deep sea mining’ The Independent 13 June 2021

“Early Tesla investor backs firm that tracks metals supply chain” Mining Weekly 11 June 2021

Water, waste, oceans and chemicals

Visontay E “NSW and WA in ‘race to the top’ to ban single-use plastics from next year” The Guardian 13 June 2021

“Swiss voting in pesticide ban referendum” BBC 13 June 2021

Briggs H “Plastic pollution: take-out food is littering the oceans” BBC 11 June 2021

Clerens P “It’s time for a serious discussion on EU waste exports” Euractiv 11 June 2021


McDonagh S “European Green Deal accused of ‘green colonialism’ in new report” Euronews.green 4 June 2021

Vacancies, Bursaries, Funding, Opportunities, etc.


University of the Free State: SASSETA Intern Candidate Attorney
Closing date: 18 June 2021
More information

University of Stellenbosch: Administrative Officer Medical Ethics and Law (Job Grade 11.2)
Closing date: 15 June 2021
More information

Boston City Campus: Academic & Quality Manager: Law Faculty
More information

University of Limpopo: Public and Environmental Law
Closing date: 18 June 2021
More information

University of Limpopo Faculty of Law: Research Professor
Closing date: 18 June 2021
More information

University of Limpopo: Jurisprudence, Legal Pluralism, Criminal Law and Procedure
Closing date: 18 June 2021
More information

University of Limpopo: Private law
Closing date: 18 June 2021
More information

North-West University Faculty of Law Vanderbijl campus: Senior Lecturer / Associate Professor
Closing date: 16 June 2021
More information

North-West University Faculty of Law Vanderbijl campus: Senior Lecturer / Lecturer /Junior lecturer – Law of Persons/Law of Contract
Closing date: 15 June 2021
More information

North-West University Faculty of Law Mahikeng Campus: Senior lecturer/lecturer Languages
Closing date: 17 June 2021
More information

Associate M&A – Sandton – Large Firm – Mining Clients
More information

False Bay TVET College Westlake, Western Cape: Lecturer (PL1): Safety in Society (NCV)
Closing date: 20 June 2021
More information

Commercial Counsel – WFH – Commercial and Data Privacy
More information

Judicial Service Commission: Judicial Vacancies
More information

Group Legal Counsel
More information

Roodepoort, Johannesburg: Candidate Attorney
More information

University of KwaZulu-Natal: Administrative Officer: Higher Degrees & Research
Closing date: 18 June 2021
More information

University of KwaZulu-Natal: Re-advertisement, L02/2021: Professor/Associate Professsor/Senior Lecturer
Closing date: 4 July 2021
More information

University of Pretoria: (nGAP) Lecturer/Senior Lecturer
Closing date: 22 June 2021
More information

IIE MSA and IIE Varsity College Programme Manager (School of Law) Midrand, Gauteng
Closing date: 18 June 2021
More information


United Kingdom: Newton International Fellowships: Post-doctoral
Deadline for the fellowship applications: 16 June 2021
More information

Poland: The Ulam NAWA Programme 2021 – post doctoral and research
Closing date: 16 June 2021
More information

China: Youth of Excellence Scheme of China Master Programme (YES CHINA)
Closing date: 11 June 2021
More information

Cyprus: University Scholarship Programme
More information

United States: Hubert H. Humphrey Fellowship Programme
Closing date: 15 July 2021
More information

United Kingdom: The Rhodes Scholarships for Southern Africa 2022
Closing date: 15 August 2021
More information

France: France – South Africa Scholarship Programme
Closing date: 21 September 2021
More information

Germany: 2021 Alexander von Humboldt Foundation German Chancellor Fellowship Programme
Closing date: 15 October 2021
More information

Engagement Manager/Senior Engagement Manager, Climate Strategy for Financials, Vivid Economics – London/Amsterdam
More information

Economist/Senior Economist, Climate Strategy for Financials, Vivid Economics – London/Amsterdam
More information

Oxford Sustainable Law Programme: Senior Research Fellow
A joint initiative of Oxford’s Faculty of Law and Smith School of Enterprise and the Environment.  We are looking for an entrepreneurial scholar who can help us build and manage the programme, in addition to providing world-leading research, inspirational teaching, and impactful engagement with senior stakeholders around the world. The application deadline is Friday 11 June at noon (UK).
If you have any questions, please do not hesitate to contact Thom Wetzer, Associate Professor of Law and Finance and Director of the Oxford Sustainable Law Programme ().

Policy Analyst on Climate and Environment, Foundation for European Progressive Studies – Brussels




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