Non-compliance to minimum emission standards under air quality legislation and section 24 of the Constitution of the Republic of South Africa, 1996

Abstract

The state of air quality in South Africa suggests that air quality management measures might not have been effective. While inadequate enforcement of the environmental law is certainly a significant cause of ineffectiveness, it is demonstrated that proper monitoring of air quality data, and non-compliance with or postponement with environmental management measures are also major contributors. Undoubtably, the government has made progressive attempts to regulate air quality, but there is still a room for improvement. This study examines whether non-compliance to minimum emission standards infringes section 24 of the Constitution of the Republic of South Africa, 1996. It is argued in this study that non-compliance with the minimum emission standards has detrimental impacts on health and well-being, particularly for those within or near the industries that are not compliant with the emission standards. This is because minimum emission standards are used as measures to control the concentration of air pollutants that can legally be released into the atmosphere from a single pollutant source. Furthermore, the research analyses how companies such as Eskom and Sasol may misuse the process of postponement and condonation to avoid compliance with the law and the implications these non-compliances have on the community and the environment. A review is conducted on relevant environmental legislation and regulations applicable to environmental protection against air pollution and the measures applied to protect the environment and people. The study concludes with recommendations regarding improving air quality regulation and combating air pollution, based on findings that deficient compliance and enforcement measures remain a real challenge.