By Rashidat Oladele
Environmental activism has taken a legal turn in South Africa as prominent organizations target the South African environment minister, national air quality officer, and the regional unit of ArcelorMittal South Africa in a lawsuit.
The legal action centers on allegations of inaction against the company’s air pollution practices.
In a statement delivered via email on Tuesday, the Vaal Environmental Justice Alliance and groundWork announced the filing of a lawsuit at the South African High Court.
Their contention revolves around the assertion that the government has failed to initiate any measures to curb emissions stemming from the largest steel plant of ArcelorMittal South Africa Limited, located in Vanderbijlpark to the south of Johannesburg.
The lawsuit draws parallels to a previous legal battle in 2022 that was ultimately won by activists, including groundWork. The focus of that lawsuit was the air pollution originating from coal-fired plants operated by Eskom Holdings SOC Limited and Sasol Limited.
In the 2022 case, Judge Colleen Collis of the South African High Court ruled that Environment Minister Barbara Creecy was constitutionally mandated to establish and enforce regulations aimed at promoting cleaner air.
At present, the environmental activists contend that ArcelorMittal’s South African division has persistently failed to curtail air pollution over several years, even after implementing emission control technologies.
The litigants argue that the government exhibited leniency by relaxing emission limits for the company.
The activists underscored their concerns in court papers, where they expressed, as reported by Bloomberg, that instead of ensuring industries adhere to regulations, the minister has permitted more lenient emission limits.
This stance, they argue, undermines the rights of individuals residing in the affected region who are exposed to hazardous levels of pollution.
The regions located in the southern and eastern parts of Johannesburg bear the brunt of this pollution, with a concentration of coal-burning industries being a significant contributor.
The extensive use of coal as the primary fuel for manufacturing petrochemicals, steel, and ferroalloys, along with its role in generating over 80 percent of South Africa’s electricity, has played a vital role in the economic development of the country as an industrial powerhouse.
Despite the gravity of the issue, the environment agency and ArcelorMittal South Africa have remained tight-lipped, failing to provide a response to inquiries seeking their comments on the matter.
The silence of these entities raises questions about their perspective on the allegations and the lawsuit’s implications for the broader discourse on environmental responsibility and protection.