Legislation
Bills
National Youth Development Agency Amendment Bill, 2020 – GN 51 in GG 44103 of 29 January 2021 – for comment
Acts
Political Party Funding Act 6 of 2018 – GN 64 in GG 44125 of 29 January 2021 – Proclamation of Political Party Funding Act and regulation publication
Directions
Disaster Management Act 57 of 2002 – Directions
- GN 59 in GG 44120 of 29 January 2021 – Measures to address, prevent and combat the spread of Coronavirus COVID-19 in public transport services
- GN 62 in GG 44122 of 29 January 2021 – Measures to Prevent and Combat the Spread of Covid -19 in Cross -Border Road Transport Services For Adjusted Alert Level 3
- GN 61 in GG 44123 of 29 January 2021 – Measures to address, prevent and combat the spread of Coronavirus COVID-19 in railway operations
- GN 64 in GG 44124 of 29 January 2021 – Measures to prevent and combat the spread of Coronavirus COVID-19 in the air services
- GN 54 in GG 44111 of 28 January 2021 – Measures to address, prevent and combat the spread of Coronavirus COVID-19 in all correctional centres and remand detention facilities
- GN 60 in GG 14120 of 29 January 2020 – Measures to address, prevent and combat the spread of Coronavirus COVID-19 at sea ports
Notices
National Environmental Management: Waste Act 59 of 2008 – GN 56 in GG 44116 of 28 January 2021 – Environment – National Waste Management Strategy 2020
Genetically Modified Organisms Act 15 of 1997 – GN 55 in GG 44115 of 28 January 2021 – Regulations: Amendment – replaces GN 41 in GG 44102 of 27 January 2021
National Energy Regulator Act 40 of 2004 – GN 38 in GG 44098 of 27 January 2021 – Reviewed Notified Maximum Demand and/or Maximum Export Capacity Rules: Public Hearing
Provinces
Eastern Cape
Disaster Management Act 57 of 2002 – LN 12 in PG 4506 of 29 January 2021- Kouga Local Municipality (EC108): Extension of Local State of Disaster Declaration
Cases
National
Featherbrooke Estate Home Owners Association NPC v Mogale City Local Municipality and Others Case No 11292/2020 Gauteng High Court Decided 25 January 2021 [sent separately via email]
“[1] This application consists of two components namely, Part A and Part B. In Part A, the applicant in terms of its notice of motion applies for an interim structured supervisory interdict against the respondents who are various state departments. The application is premised on the alleged chronic dereliction of duty on part of the respondents regarding the overall storm water management which allegedly causes flooding of the river known as Muldersdrift se Loop which flooding allegedly causes the river beds and embankments to collapse causing ancillary damage such as flooding to the applicant’s estate as well as expose state infrastructure i.e power lines and sewer lines. The exposed infrastructure is said to have placed the estate and its community at extreme risk of pollution and electrocution. In Part B the applicant seeks confirmation of the interim interdict.” Interdict granted. [provided by Sam Martin]
Duwayne Esau and Others v Minister of Co-Operative Governance and Traditional Affairs and Others (611/2020) [2021] ZASCA 9 (28 January 2021)
“Summary: Disaster Management Act 57 of 2002 (DMA) – decisions and regulations made during state of national disaster under the DMA – policy decisions of the National Coronavirus Command Council, a cabinet committee comprising of the entire cabinet, not justiciable because they had no legal effect – regulations made in terms of the DMA (the level 4 regulations) made in a procedurally fair manner, alternatively in a rational decision-making process – Minister of Co-operative Governance and Traditional Affairs applied her mind to representations received from members of the public – with two exceptions, the level 4 regulations found to be reasonable and justifiable limitations of fundamental rights – reg 16(2)(f), which permitted only limited forms of exercise during the level 4 lockdown, and items 1 and 2 of Part E of Table 1, read with reg 28(3), which prohibited the over-the-counter sale of hot food, declared to be invalid to the extent of their conflict with the Constitution – challenge to directions made by the Minister of Trade, Industry and Competition moot.”
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Jacob Gedleyihlekisa Zuma [2021] ZACC 2
“Summary: Section 3 of the Commissions Act 8 of 1947 — the power of a commission to compel a witness to appear before it — urgent application — direct access — privileges of a witness before a commission”
International
Standing Rock Sioux Tribe, et al., Appellees v. United States Army Corps of Engineers, Appellant Dakota Access LLC Case No 20-5197 Decided 26 January 2021
“TATEL, Circuit Judge: Lake Oahe, created when the United States Army Corps of Engineers flooded thousands of acres of Sioux lands in the Dakotas by constructing the Oahe Dam on the Missouri River, provides several successor tribes of the Great Sioux Nation with water for drinking, industry, and sacred cultural practices. Passing beneath Lake Oahe’s waters, the Dakota Access Pipeline transports crude oil from North Dakota to Illinois. Under the Mineral Leasing Act, 30 U.S.C. § 185, the pipeline could not traverse the federally owned land at the Oahe crossing site without an easement from the Corps. The question presented here is whether the Corps violated the National Environmental Policy Act, 42 U.S.C. § 4321, by issuing that easement without preparing an environmental impact statement despite substantial criticisms from the Tribes and, if so, what should be done about that failure. We agree with the district court that the Corps acted unlawfully, and we affirm the court’s order vacating the easement while the Corps prepares an environmental impact statement. But we reverse the court’s order to the extent it directed that the pipeline be shut down and emptied of oil.”
Publications
National
Pretoria Student Law Review (PSLR) and on behalf of the PSLR.
The PSLR has extended its invitation to submit research papers for publication in the Special Edition and will now receive papers until the 22nd of February, 23h59. The aims and scope of the Special Edition remain the same with ‘Social Justice & COVID-19’ being the publication’s central theme. The subject ideas include but are not limited to
- Human rights law
- Environmental law
- Public international law
- Social justice and transformationalism
- Administrative and constitutional law
- Cyberspace and the protection of rights in the digital age
Should any of your student members have any queries or be interested in submitting their paper, they are welcome to email us on ; Cc .
“Climate Action Tracker South Africa” (CAT Climate Governance Series December 2020)
2021 117 No 1/2 South African Journal of Science
- Pardo LE et al “Snapshot Safari: A large-scale collaborative to monitor Africa’s remarkable biodiversity” https:// doi.org/10.17159/sajs.2021/8134
- Morkel B et al “Engagement for airborne geophysical survey within a transdisciplinary baseline programme in the Eastern Cape Karoo” https://doi.org/10.17159/ sajs.2021/8515
- Hoffman MT et al “Karoo research update: Progress, gaps and threats” https://doi.org/10.17159/ sajs.2021/8695
- Czachur MV et al ,”Opening the floor for discussion: A perspective on how scholars perceive attitudes to science in policymaking in South Africa” https://doi.org/10.17159/ sajs.2021/7948
- Luetkemeier R, Mbidzo M and Liehr S “Water security and rangeland sustainability: Transdisciplinary research insights from Namibian– German collaborations” https:// doi.org/10.17159/sajs.2021/7773
- Skowno AL, Jewitt D and Slingsby JA “Rates and patterns of habitat loss across South Africa’s vegetation biomes” https://doi. org/10.17159/sajs.2021/8182
- Erasmus LL, Van Coller H and Siebert F “Teatime in Kruger: Tailoring the application of the Tea Bag Index approach to an African savanna” https://doi.org/10.17159/ sajs.2021/6846
- Fisher R “Possible causes of a substantial decline in sightings in South Africa of an ecologically important apex predator, the white shark” https://doi. org/10.17159/sajs.2021/8101
Moneron S, Brock B and Newton D “Insights from the incarcerated: an assessment of the illicit supply chain in wildlife in South Africa” (2020 Traffic Report Cambridge, UK)
Murgatroyd M, Bouten W and Amar A “A predictive model for improving placement of wind turbines to minimise collision risk potential for a large soaring raptor” 2021 Journal of Applied Ecology https://doi.org/10.1111/1365-2664.13799
The Presidency of South Africa “National Policy Development Framework 2020” Approved by Cabinet on 2 December 2020 [Legalbrief 26 January 2021]
International
World Economic Forum “The Global Risks Report 2021” (Report 19 January 2021)
IEA “Driving Down Methane Leaks from the Oil and Gas Industry: A Regulatory Roadmap and Toolkit” (Technology Report January 2021)
Camacho AE “Bulldozing Infrastructure Planning and the Environment Through Trump’s Executive Order 13807 (February 18, 2020)” UC Irvine School of Law Research Paper No. 2020-05 / 2020 91(2) University of Colorado Law Review Available at SSRN: https://ssrn.com/abstract=3540415
Warren GS Powering the US-Mexico Energy Industry in The Future of U.S. – Mexico Relations: Renewable Energy and Electric Power Connections (2020)
Warren GS Big Sports Have Big Environmental and Social Consequences, 2020 81 Mo. L. Rev. 495
Flatt V “Disclosing Danger: Attorney Ethics Rules Meet Climate Change” 2020 Bloomberg L. Insight (16 September 2020)
Flatt V & Mintz J “Pandemic Spawns Dangerous Relaxation of Environmental Regulations” 2020 Revelator
Irving AT et al “Lessons from the host defences of bats, a unique viral reservoir” 2021 589 Nature 363-370
Baker S Revolutionary Power (Island Press 2020) [The Yale Center for Business and the Environment hosted her book talk a few weeks ago and you can Watch the recording here]
Duane TP “Teaching Law in the Time of COVID-19” (5 July 2020). Available at SSRN
Duane TP “Teaching in the Time of the COVID-19 Vaccine” (January 29, 2021) Available at SSRN
Blogs, Discussions, Websites, Videos, ETC
South Africa
Biodiversity
Daily Maverick: Carnie T “Shocking statistics reveal that Kruger rhino population has dropped by nearly 70% in 10 years” 28 January 2021
Climate change and energy
Daily Maverick: Ngam R “A new, greener, socially owned Eskom is possible – but the unions need to back off” 27 January 2021
Moneyweb: “Court rulings throw spanner into Eskom’s municipal debt collection works” 26 January 2021
Polity: Creamer T “Eskom approaches court to have R23bn equity injection added back this year” 26 January 2021
IOL: “How to choose the right renewable energy solution for your small business” 29 January 2021
Local government
Daily Maverick: Du Toit L “Take four shipping containers, plant the seed of hope, water with education” 29 January 2021
Daily Maverick: Erasmus D “City of eThekwini’s answers to questions about weeks-long water cuts run dry” 28 January 2021
Bizcommunity: Brown K “Rules of the Game: How compliance culture is killing spatial transformation” 27 January 2021
Mining
Bizcommunity: “New mobile rescue winder tested for deep underground operations” 26 January 2021
Bizcommunity: “Trial will shed light on Wild Coast violence” 25 January 2021
Mining Weekly: Creamer M “De Beers adopts strategy to meet carbon-neutral ambition” 29 January 2021
Water, waste, and chemicals
DWS: Guideline for hydropedological Assessments and Minimum Requirements (January 2021) [IAIAsa News 2020/2021 | 29 Jan 2021]
Miscellaneous
ASSAf: Science Forum South Africa 2020, ASSAf EO, Prof Himla Soodyall, hosted a panel discussion themed “The policy & practice of drug, alcohol & tobacco use during COVID-19”. You can watch the recording here
Biznews: Du Plessis S “ESG investing trend accelerates” 27 January 2021
allAfrica: “South Africa: Health Issues Directions On Management of Coronavirus Covid-19 Human Remains” 27 January 2021
Africa
Biodiversity
Natural Justice: “ILC Africa and its members in DR Congo denounce the barbaric killings of Indigenous People in Ituri” 26 January 2021
Daily Maverick: Pinnock D “Namibia selling 170 wild elephants despite outcry” 28 January 2021
allAfrica: Musinguzi B “Uganda: A First as Researchers Spot Two Dwarf Giraffes Among Towering Populations” 29 January 2021
allAfrica: “Mozambique: Gorongosa Park Joins ‘United for Biodiversity’” 28 January 2021
Climate Change and Energy
Macrotrends: South Africa Greenhouse Gas (GHG) Emissions 1970-2021 | MacroTrends
Bizcommunity: “Growing solar in Africa” 26 January 2021
IOL: “Soil found across West Africa plays vital role in mitigating climate change” 29 January 2021
Bizcommunity: “Kipeto wind power project adds 100MW to Kenya’s national grid” 25 January 2021
allAfrica: “African Development Bank’s Adaptation Benefits Mechanism Helps to Climate-Proof Ivorian Smallholder Farms’ Cocoa Yields” 28 January 2021
The Conversation: Karakara Alhassan A-W “Use of dirty fuels is pervasive in Ghana. What can be done to transition to clean energy” 26 January 2021
Environmental enforcement
allAfrica: “Nigeria: Oil Spill – Environmental Rights Group Hails Judgement Against Shell” 29 January 2021
Local government
Bizcommunity: Boateng FG “Ghana’s unstable building problem is about more than lax regulation” 25 January 2021
Bizcommunity: Thomas S “Why a sustainable sewerage system in Kenya is vital in urban development’ 21 January 2021
allAfrica: Munene G “Kenya: Kirinyaga Residents Protest Delay in Completing Water Project” 28 January 2021
Mining
Extractives Baraza: “Egypt: Altus to Kick off Gold Exploration” 26 January 2021
Extractives Baraza: “Cameroon: Country’s New Age Receives Formal Approval to Apply for New Etinde Exploitation Agreement” 26 January 2021
allAfrica: Nyarota D “Zimbabwe: ‘Wildlife Management Reforms Long Overdue’” 19 January 2021 [Legalbrief Environmental 26 January 2021]
BusinessLive: Marawanyika G and Ndlovu R “New Zimbabwe forex rule could push miners to the brink – The Reserve Bank of Zimbabwe has announced that exporters must hand over 40% of their foreign currency earnings, up from 30%” 28 January 2021
allAfrica: Iroanusi Q “Nigeria: PIB – Host Communities Demand 10% Equity Shareholding” 26 January 2021
Water, sanitation, oceans, and chemicals
Namibian: Shigwedha A “Climate change and Namibia’s aquifers” 21 January 2021 [Legalbrief Evironmental 26 January 2021]
Daily Maverick: Fabricius P “Grand Ethiopian Renaissance Dam generates grand hostility with Egypt” 30 January 2021
allAfrica: Qadir M and Smakhtin V “Africa: Five Unusual Technologies for Harvesting Water in Dry Areas” 27 January 2021
allAfrica: Abiodun E “Nigeria: EU Moves to Take Control of Maritime Security in Gulf of Guinea” 29 January 2021
allAfrica: Mulisa M “Tanzania: Kagera Ras Appeals for Protection of Wetlands” 29 January 2021
Miscellaneous
UNDP: Ndungu L “How we can overcome the COVID-19 pandemic together” 4 January 2021
IISD SDG Knowledge Hub: Agada N, Grossman L and Williams S “Owning Your Own Land Makes a Difference: The Role of Female Land Rights in Increasing Agricultural Production” 25 January 2021
International
Biodiversity, protected areas, and culture
Science: Stokstad E “Most high-seas shark species now threatened with extinction” 27 January 2021
European Commission: “Commission consults on new EU Forest Strategy” 29 January 2021
Nature: Crow JM “The bird librarian” 25 January 2021
Lexology: “New Migratory Bird Treaty Act Rule – Unlikely to Take Flight?” [USA] 27 January 2021
Lexology: “Court rejects challenge to grizzly bear recovery plan” 25 January 2021
IISD SDG Knowledge Hub: Gordon-Harper G “UNEP’s Adaptation Gap Report Focuses on Nature-based Solutions” 25 January 2021
Thomas Reuters Foundation: Chandran R “Thailand’s green goals threaten indigenous forest dwellers” 21 January 2021
UNESCO: Green Citizens A local voice for actors of change
The Guardian: Weston P “Alpine plants face extinction as melting glaciers force them higher, warns study” 29 January 2021
Yale Law Program: Big Ag & Antitrust Conference of 16 January 2021 – Videos of the conference keynote and panels have been posted to YouTube, and you can access them here. The conference guide will remain online here.
Climate change and energy
ELI Vibrant Environmental Law Blog: McElfish JM “Biden on Administrative Law” 25 January 2021 Biden on Administrative Law | Environmental Law Institute (eli.org)
Extractives Baraza: “China’s Coal Power Installed Capacity has Historically Dropped Below 50%” 26 January 2021
Extractives Baraza: “Saudi Arabia Looks To Stop Using Crude for Domestic Power Generation” 26 January 2021
The White House: “Executive Order on Tackling the Climate Crisis at Home and Abroad” 27 January 2021
UNDP: “The Peoples’ Climate Vote” 26 January 2021
UNDP: Alers M “Five reasons to be optimistic about clean energy in 2021” 24 December 2020
Science: Voosen P “Trump downplayed the costs of carbon pollution. That’s about to change” 22 January 2021
Lexology: “Renewable energy and carbon capture in Germany” 27 January 2021
Lexology: “Supreme Court overturns block on Heathrow’s expansion” [UK] 25 January 2021
Lexology: “How to support renewables, meet net zero and minimise costs: Call for Evidence” [UK] 27 January 2021
Lexology: “Recent Movement on the Law on Climate Change” [Thailand] 28 January 2021
Lexology: “D.C. Circuit Vacates and Remands Trump Administration’s ACE Greenhouse Gas Emissions Rule” [USA] 25 January 2021
Lexology: “D.C. Circuit Vacates Trump’s ACE Rule and Deals Biden’s EPA New Hand for Regulating Power Plant Greenhouse Gas Emissions” [USA] 26 January 2021
Lexology: “Climate Change Should Drive Energy and Environmental Policy” 26 January 2021
Lexology: “State aid | €30 billion Dutch projects reducing greenhouse gas emissions approved by European Commission” 18 December 2020
IISD SDG Knowledge Hub: “US Announces Plans for NDC and Whole-of-Government Climate Action” 27 January 2021
IISD SDG Knowledge Hub: “17 Global Champions Announced for UN High-level Dialogue on Energy” 27 January 2021
IISD SDG Knowledge Hub: “NDC Partnership Reflects on Milestone Year for Climate Ambition” 27 January 2021
The Independent: Cockburn H “Climate crisis: Russian gas tankers make first winter voyages of Northern Sea Route as ice retreats” 27 January 2021]
Thomas Reuters Foundation: Maynard M “’Democratize the mountains’: Chileans demand green space for all” 26 January 2021
UNESCO: “UNESCO and France enhance Climate Change Education worldwide” 14 January 2021
Lexology: “The amendment of the German Renewable Energy Act (EEG 2021)” 25 January 2021
Pinsent Masons: Collins K “Planning law relaxation supports renewables drive in Ireland” 20 January 2021 [Legalbrief Environmental 26 January 2021]
Environmental enforcement
State of New Jersey: “Environmental Justice Law, Policy and Regulation: New Jersey’s Environmental Justice Law” January 2021
Lexology: “It’s Back: the Congressional Review Act and Implications for Recent Environmental Rules” [USA] 25 January 2021
Lexology: “DC Circuit Vacates Affordable Clean Energy Rule, Revives Clean Power Plan” 26 January 2021
Lexology: “EIAs: grubbing ups and path clearances for overhead electrical power lines to be treated differently” [Austria] 22 January 2021
Lexology: “Environmental Justice: Origins, Background, and Site Selection Considerations – Part IV: EPA Guidance – The Toolkit” [USA] 22 January 2021
Lexology: “Environmental Justice: Origins, Background, and Site Selection Considerations – Part V: Considerations in Site Selection” [USA] 22 January 2021
The Guardian: Cox L “Rex Patrick says he may not support Coalition plan on environment law” [Australia] 30 January 2021
Local government
Thomas Reuters Foundation: Elks S “Pandemic changes may point way to sustainable cities of the future” 25 January 2021
Thomas Reuters Foundation: Thomas CL “’Resilient recovery’: Cities link pandemic, climate adaptation responses” 26 January 2021
Lexology: “Housebuilder Top Tip: Biodiversity Net Gain and the Environmental Bill” 25 January 2021
The Guardian: Burgen S “Bat boxes, ‘greened’ streets and bug hotels: Barcelona embraces its wild side” 31 January 2021
Mining
Lexology: “EPA Approves Texas NPDES Oil and Gas Program Authorization” 27 January 2021
Thomas Reuters Foundation: Landau L and Teixeira F “Family men or forest destroyers? Meet the miners living off the Amazon’s gold” 21 January 2021
Water, oceans, waste, and chemicals
Lexology: “Changes on the Horizon for Toxic Substance Control Regulation” 27 January 2021
Lexology: “Decarbonisation and shipping: The UK’s position on greenhouse gas emissions from shipping” 27 January 2021
Lexology: “EPA Issues Interim Guidance on PFAS Destruction and Disposal” 26 January 2021
Lexology: “State-by-State Regulation of PFAS Substances in Drinking Water” 22 January 2021
Lexology: “High Court quashes permission due to failure to comply with Water Framework Directive” [Ireland] 26 January 2021
Lexology: “Withdrawal of wreck removal order following consideration of proportionality” 27 January 2021
IISD SDG Knowledge Hub: De Albuquerque C “Bridging the Financial Gap: Investing in SDG 6” 25 January 2021
IISD SDG Knowledge Hub: “UNEP Report Identifies Top Actions to Minimize Adverse Impacts of Pesticides, Fertilizers” 25 January 2021
IISD SDG Knowledge Hub: “Stockholm Committee Reviews Three POPs for Screening, Listing” 25 January 2021
Lexology: “In Search of Cooler Waters: Implementing EPA’s Temperature Limits on the Columbia and Lower Snake Rivers” [USA] 22 January 2021
Lexology: “FERC’s Clean Water Action Section 401 Waiver Analysis Continues to Evolve” 22 January 2021
The Guardian: Harvey F “UN warns most will live downstream of ageing large dams by 2050” 22 February 2021 [Legalbrief Environmental 26 January 2021]
The Guardian: McKie R “Extraordinary voyage: on the trail of the trillion-tonne runaway iceberg” 31 January 2021
The American Presidency Project: “Executive Order – Protecting Americans from Overcriminalization Through Regulatory Reform” [Trump Executive Order] 18 January 2021
Lewis & Clerk Law School: “LC Law alums, George Kimbrell and others, fighting for food safety and the environment” 27 January 2021
IAIA Virtual Symposium: “Our Interconnected World: Impact Assessment, Health, and the Environment?” – recordings now available for purchase – four sessions (climate change, health, resilience and other key issues) – on demand access for whole symposium or parts thereof here
Ted Talks: Steiner A “Humanity planet-shaping powers – and what they mean for the future” January 2021
UNDP: Lister S and Wilde A “Re-thinking governance in the Anthropocene” 23 December 2020
Lexology: “The impact of the EU-UK Trade and Cooperation agreement on Aviation” 27 January 2021
Lexology: “Pension trustees’ agenda: key legal issues January 2021” 8 January 2021 Pension trustees’ agenda: key legal issues January 2021 – Lexology accessed 31 January 2021
IISD SDG Knowledge Hub: Fernanda Espinosa M “Fulfilling the Promise of the UN75 Declaration” 27 January 2021
Thomas Reuters Foundation: Moloney A “Vaccine rollout a ‘war against time’ for Amazon indigenous groups” 26 January 2021
Youtube: “Legislative Hearing – Environmental Justice for All Act” 1 October 2020
Conferences, Workshops, Study Opportunities
National
SBE2021: Sustainable Built Environments Focus on the Future – The Future is Now!
Date: 16 – 24 February 2021. More information, or contact the conference organiser Glaudin Kruger.
CBSS Training Courses in Water Governance scheduled for 2021
Considering that our current Level of COVID-19 Regulations are still in force until 15 February, and that the new strain of the coronavirus is especially virulent, we unfortunately have to postpone our Courses scheduled for 9 – 11 February (in Pretoria) and for 9 – 11 March (near Stellenbosch) to the second half of the year. We are doing our best to comply with the government’s decision to limit gatherings for extended periods of time, and we remain committed to safeguarding the health and safety of all our delegates.
Our new course dates are as follows:
- 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
If you have already paid for the course, your booking is secured for these new dates. If you had booked for the course, but have not paid yet, you will receive an updated invoice reflecting the new dates. If you have just showed interest or made an enquiry about the course, but have not completed your registration form yet, please do so without delay, as there are only a few slots left! You can register here
For those of you who have asked if we could present the course virtually, we have conducted a trial and have presented an amended version of the Course virtually to Masters’ students at the UFS in October. As we have been presenting the same course to UFS students for the past 6 years in person, and as they write exams, we could measure the difference in their performance between the in-person course and the virtual course. The exam results of the students taught in October in a virtual manner, indicated that they had great difficultly in grasping some of the more complex concepts and issues in water governance, primarily because they could not have the same level of debate and discussion during the practical exercises, that would have assisted in cementing their knowledge and understanding. We therefore think it is better to rather postpone the course than present it virtually, so that we can benefit from learning from one another in person, and that you will receive the best value for your time and money.
SANBI: 2nd National Indaba on Ecological Infrastructure
Date: 3-4 March 2021 online
Time: Day 1: 09:00-16:00; Day 2: 10:00-15:00
For more information contact Dansile Cindi
Wetlands: Securing Freshwater for All – Online Panel Discussion
Date: Monday, 1 February 2021
Time: 15.00 – 16.30 CET
Herewith an invite to an online panel discussion for celebrating World Wetlands Day 2021.
The C40 City Finance Facility presents: Learnings from Durban: A Business Case for Riverine Management
Dates: 4 and 26 February 2021
Time: 10:00-12:00 SAST
The eThekwini Municipality and the C40 City Finance Facility (CFF) is developing a business case for a Transformative River Management Programme (TRMP). The TRMP aims to adapt the 7 400 km of streams and rivers in the city to flooding and other climate-related hazards that are anticipated from climate change. The business case, underpinned by cost-benefit analyses, details the avoided damage and benefits that ensue from investing in riverine management. The business case elaborates on the multiple socio-economic benefits from adopting a city-wide TRMP.
Register here
IMBEWU’s Environmental Law Update Workshop
Online course: To book, email sam@imbewu.co.za or call us on 011 214 0660
International
Florida State University: Mapping the New Urban Commons: Law and Resource Stewardship in the City
Date: Wednesday 24 February 2021
Time: 3:30-4:30 PM Eastern Time (US and Canada) via Zoom
Registration
13th Annual Schultz Lecture in Energy: Climate Change and Innovative Paths to a Sustainable Future
Date: Thursday 4 March 2021
Time: 5:30 p.m. (Mountain Time)
Zoom Webinar
Registration
Yale Law School: The Law, Ethics and Animal Program: Yale Law Program: Book talk—Wildlife as Property Owners: A New Conception of Animal Rights with Karen Bradshaw
Wednesday, 3 February 2020
Time: 12:15 pm — 1:15 pm
Register via the webinar link
Vermont Law School Environmental Law Center: Environmental, Public Health, and Other Societal Harms of Extreme Farmed Animal Confinement
Free and open to the public, this event will be livestreamed at vermontlaw.edu/live from 1 to 2 p.m. EST on Friday, February 5. Visit vermontlaw.edu/events for more details.
News
National
Biodiversity
Bega S “Biodiversity coalition keen for SA to join 30 x 30 ‘land grab’” Mail & Guardian 30 January 2021
Conservation: Tsitsikamma property benefits from rates exclusion law
“A Tsitsikamma property no longer has to pay rates thanks to the implementation of a little known rates exclusion law which is designed to promote conservation. According to a Daily Dispatch report, Candice Stevens of Wilderness Foundation Africa, which helped drive the municipal rates exclusion application process, said the private property near Nature’s Valley was a contract national park which formed part of the Garden Route National Park. ‘The rates legislation was not being applied correctly in this case and we managed to convince the local authority to adjust,’ she said. ‘So we’re celebrating having assisted this client to access this important national fiscal benefit. Appreciation is expressed to the Bitou local municipality for implementing the legislation correctly.’ Stevens said protected areas declared on private or communal land were vital to safeguard SA’s biodiversity and the healthy functioning of ‘ecological infrastructure’ like clean water and healthy soils. But securing these areas is not easy. She said one mechanism to assist protected areas on private or communal land in this regard was Section 17 (1) (e) of the Municipal Property Rates Act. ‘In terms of this legislation, municipalities are obligated to exclude these areas from paying municipal property rates, with the exception of portions used for commercial, agricultural or residential purposes,’ explained Stevens. ‘Property rates provide an opportunity to incentivise sustainable land use and to encourage ratepayers to formally declare protected areas and conserve biodiversity, which underpins human health and wellbeing, as well as sustainable economic growth,’ she said.” Full Daily Dispatch report (subscription needed) [Legalbrief Environmental 26 January 2021]
Climate change and energy
Magubane K “Eskom anticipates 12 renewable projects with over 1000 MW capacity by year-end” fin24 19 January 2021 [Legalbrief Environmental 26 January 2021]
“South African climate finance report tracks R62.2bn in annual climate finance” Bizcommunity 29 January 2021
“De Wildt Solar commences commercial operations” Bizcommunity 27 January 2021
Steyn L “Motsepe’s African Rainbow Energy and Power buys solar stake” BusinessLive 29 January 2021
Creamer T “Eskom caps 2021 extra-revenue claim at R23bn, but tells court anything less will be ‘disastrous’” Mining Weekly 29 January 2021
Slater D “CSIR, Nedbank join RES4Africa to further renewable energy development” Engineering News 28 January 2021
Local government
Mbovane T “Shack dwellers disrupt water and electricity project in Uitenhage” GroundUp 20 January 2021
Sizane M “Violence erupts over electricity in Port Elizabeth” GroundUp 27 January 2021
Lali V “No water to douse raging fire: 70 left homeless” GroundUp 25 January 2021
Kane S “Renewables, energy storage and the future of smart cities” Bizcommunity 27 January 2021
Burger S “Stellenbosch municipality to consider alternate energy sources” Engineering News 28 January 2021
Mining
Mafata M “Community and mining company clash over vanadium-rich land” GroundUp 28 January 2021
“SA mining industry prepares for R300 million Covid-19 vaccine rollout effort” IOL 29 January 2021
Litigation: Chinese miner and BEE partner go head to head
“A mighty court battle has started between Chinese-owned Nkwe Platinum and its empowerment partner, Genorah Resources, over a large deposit in northeast SA, says a Business Day report. The deposit, near Burgersfort on the border of Limpopo and Mpumalanga, has been at the centre of a surprisingly large number of legal contests dating back more than a decade. Nkwe and Genorah have had disputes with communities, Anglo American Platinum and African Rainbow Minerals over the deposits. This time the fight is between Genorah and Nkwe. The essence of the dispute is about ownership of the mining right for the De Kom, Hoepakrantz, part of Eerstegeluk and Garatouw farms and the platinum group metals, chrome, cobalt, copper and nickel that can be extracted. The basis of the dispute lies in the amalgamation by Zijin of its wholly owned subsidiary Gold Mountains and the original Nkwe under Bermudan company law to create what is termed new Nkwe. Genorah argues that the creation of new Nkwe needed ministerial permission for the transfer of the mining right. The new Nkwe is arguing it did not.
In terms of section 11 of the Mineral and Petroleum Resources Development Act, a transfer or sale of mining rights needs ministerial approval. The argument is whether Nkwe needed to do so in the amalgamation process and it will be for the court to decide the answer. Genorah is adamant Nkwe needed to do so in the creation of the new company, which was given a new registration number in Bermuda. The new number was, however, quickly changed to the old registration number, notes Business Day. Genorah argues that because Nkwe did not get a section 11 approval to transfer the mining rights into the amalgamated company, it was the only company entitled to the entire mining right given it already owns part of it. Nkwe contends it did not need a section 11 approval because new Nkwe is the same company as before and that Zijin remained the underlying owner of the company from the days when it was an Australian Stock Exchange-listed company, holding a 60% stake in it, to date with its 100% ownership. The report notes both sides have filed voluminous court documents, including annexures that contain expert opinions by senior lawyers in SA and the UK about mineral right transfers and Bermudan company law.” Full Business Day report (subscription needed) [Legalbrief Forensic 28 January 2021]
Water, waste, oceans, and chemicals
Chiguvara T “Families affected by dam construction are unhappy with state’s compensation” GroundUp 19 January 2021
International
Biodiversity, protected areas, animal rights, and culture
“Kenyan Mansur Mohamed Surur charged in US over ‘$7m smuggling ring’” BBC 27 January 2021
Kabango B “Corruption Aiding Death of Forests in Malawi” amaBhungane 30 January 2021
“Bird flu behind mass pelican deaths in Senegal” News24 28 January 2021
Benza B “Botswana investigates 11 new elephant deaths” TimesLive 28 January 2021
“Controversy over new regulations to protect English peatland” The Guardian 29 January 2021
Hare S “Peak District’s last surviving mountain hares ‘at risk’” BBC 31 January 2021
Climate change and energy
“Australia Market Roundup: ACCU issuance drops, while climate bill garners business support” Carbon Pulse 29 January 2021
“EU lawmakers insist on negative emissions, CO2 budget in Climate Law text” Carbon Pulse 29 January 2021
Davidson G “International climate summit in Glasgow could be postponed again due to Covid” The Scotsman 29 January 2021
Hill T “Race to Zero: UN campaign seeks to catalyse industry breakthroughs in pursuit of net zero emissions” BusinessGreen 28 January 2021
Taylor K “MEPs back natural gas as a ‘bridge’ to 100% renewable hydrogen” EurActiv 27 January 2021
Volcovici V “Heavy industry, transport sectors to align on net-zero climate plans” Reuters 27 January 2021
“Utah legislature continues to weigh funding for a challenge to California’s climate policies” Carbon Pulse 26 January 2021
Taylor K “European Central Bank sets up climate team, considers green bonds” EurActiv 29 January 2021
Maas C “Federal appeals court orders environmental impact review of Dakota Access Pipeline” The Jurist 27 January 2021
Ambrose J “UK electricity from renewables outpaces gas and coal power” The Guardian 28 January 2021
De Jong E “New Zealand needs urgent action to cut emissions, says climate change commission” The Guardian 31 January 2021
“Blyth offshore wind farm to use floating turbines” BBC 29 January 2021
Apunn K and Wehrmann B “German onshore wind growth achieves turnaround in 2020 but still off target” Clean Energy Wire 28 January 2021
Environmental enforcement
Taylor K “European investment bank loses landmark case on ‘green’ scrutiny” EurActiv 28 January 2021
“Shell Nigeria ordered to pay compensation for oil spills” BBC 29 January 2021 – read also The Jurist
Tyler Gillett “Federal judge delays implementation of last-minute Trump Administration EPA rule” The Jurist 30 January 2021
Hookey A “Australia must reform environmental laws to address ‘overall state of decline’: report” The Jurist 29 January 2021
Local government
“Millennium Challenge fails on the final challenge” Makanday 27 January 2021
Laville S “Green homes grant: UK standards body calls on government to pay up” The Guardian 28 January 2021
Mining
Seccombe A “Glencore ends copper mining in Zambia with sale of stake in Mopani” Business Day 19 January 2021
Kuyedzwa C “Zim miners fret over new law that seems to give govt power to take control of mines” News24 29 January 2021
“Planned coalmine would create ‘more emissions than any other in UK’” The Guardian 30 January 2021
Hodal K “Mining giant Glencore faces human rights complaint over toxic spill in Chad” The Guardian 28 January 2021
“Kyrgyzstan bans foreign companies from future mining projects” Mining Weekly 29 January 2021
“Newmont retains lead in ESG ranking of miners with Vale last” Mining Weekly 29 January 2021
“Brazil mining agency to hire more inspectors, allowing annual checks on all tailings dams” Mining Weekly 29 January 2021
Criminal: Madagascar seeks to extradite suspected gold thieves
“Crack investigation teams in both Madagascar and SA are trying to unravel the mystery behind at least one attempt to smuggle gold from the island to SA. A Mail & Guardian Online report notes that the three men from Madagascar, who were arrested last year, will be appearing at the Kempton Park Magistrate’s Court this week for a bail application. The investigation into the bold attempt to allegedly smuggle a suitcase full of gold bars through the OR Tambo airport has revealed a messy network, tying in Dubai, Mali, Singapore and a dodgy French passport. The arrests followed after three Malagasy citizens, of whom one also had a French passport, brazenly walked through customs at Fireblade Aviation, the Oppenheimer family’s luxury business terminal at OR Tambo Airport, with the gold bars in wheelie-suitcases on 31 December last year. The three passengers on the chartered flight produced customs documents showing the gold’s origins as Mali. The Malagasy Government has requested the extradition of both the three men arrested and the gold. The three men have been charged with dealing in precious metals and contravening the Customs and Excise Act. They appeared in the Kempton Park Magistrate’s court on 12 January, where the case was postponed for further investigation until 1 February.
Shortly after the arrests in SA, the Malagasy Government indicated eight people were subsequently arrested in Madagascar, with another two arrested later. The people arrested included members of Madagascar’s civil aviation authority, customs, air and border police, and the gendarmerie, a specialised unit in the police dealing with border offences. The Mail & Guardian Online report notes that according to the minutes of the Malagasy Council of Ministers’ meeting released shortly after the three men’s arrest, the government wants to ‘prosecute and punish those who try to intervene or prevent extradition procedures’ and said that ‘everything will be done to repatriate the gold to the Central Bank’. Those arrested are being held under a committal order in Tsiafahy prison, a facility reserved for serious criminals.” Full Mail & Guardian Online report [Legalbrief Forensic 28 January 2021]
Water, waste, oceans, and chemicals
“Amendment of the regulations and notices regarding extended producer responsibility in the Waste Sector, 2020” Polity 19 January 2021
Harding A “UN court rules UK has no sovereignty over Chagos islands” BBC 28 January 2021
Bhatt M “The Philippines opposes new China coastguard laws in South China Sea” The Jurist 30 January 2021
Jones S “Green shoots: Spanish firm tackles plastic waste from shotgun cartridges” The Guardian 25 January 2021
“Serbia starts to clean up garbage-filled lake” Reuters 29 January 2021
Miscellaneous
Frazin R “Court rules against fast-track of Trump EPA’s ‘secret science’ rule” The Hill 28 January 2021
“European Commission launches Green Consumption Pledge, first companies commit to concrete actions towards greater sustainability” European Commission 25 January 2021
Armour K “Just £12,000 of £40m fund for displaced Chagos islanders has been spent” The Guardian 31 January 2021
“EU watchdog says rules needed to avoid ‘greenwashing’ of ESG ratings” Reuters 29 January 2021
Vacancies, Bursaries, Funding, Opportunities, etc.
National
University of the Witwatersrand: Head of Law School
Closing date: 12 February 2021
More information
United Nations Internship – Human Rights (Southern-Africa region) [Temporary]
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The Office of the Chief Justice Constitutional Court of South Africa Law Clerks 2022: Call for Applications
Closing date: 31 March 2021
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RCL Foods Head Office in Westville (Durban): Associate Legal Advisor
More information
MTN Group: Senior Manager: Commercial Legal (Fintech)
More information
United Nations Development Programme (UNDP): SDG Finance Reg Policy Advisor
More information
Sweden: Master’s Swedish Institute Scholarships for South Africa (SISSA)
Master’s scholarship in Sweden in Computer Science and IT, Design, Engineering, Environmental Technology, Sustainable Development, Gender Studies, Nanotechnology and Public Health.
Apply for Swedish University by 15 January 2021. Apply for the scholarship between 08 February to 18 February 2021.More information
Turkey: Bachelor’s, Master’s and PHD Türkiye Scholarship
Bachelor’s, Master’s and PhD scholarships in Turkey.
Deadline for scholarship applications: 20 February 2021
Read more
International
European Union: Sustainable Ship and Shipping 4.0 Erasmus Mundus Joint Masters Degree Programme
Closing date: 1 March 2021
More information
Global Climate Programme Manager, WWF Australia – Melbourne
More information
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