South Africa

Major court victory against ‘deadly air’ in South Africa’s most polluted region

One of the most important recent South African judgments on environmental law has delivered by the high court in Gauteng province. The case concerns a region of SA where high levels of air pollution risk the health of all the people living there. This is well-known to the government, but very little has been done about it. Now, environmental organisations have challenged the government’s inertia, and have won a major victory, with the court declaring that constitutional rights were breached by the failure to act.

Read judgment

This is a major environmental judgment, about whether air pollution is a violation of constitutional rights, and whether the court is entitled to issue orders to deal with the problem. Answering ‘yes’ to both these key questions, Judge Colleen Collis has written a long (130 pages) and tightly-framed decision.

Dismissal of staffer who refused Covid-19 vaccine ruled ‘fair’

Is mandatory workplace vaccination constitutional? Is it even a fair workplace practice? These are questions being asked in many jurisdictions as employers try to ensure safe work environments. The issue is also beginning to filter into the court system, as those who do not want to be vaccinated challenge employers who have made vaccination mandatory.

Read ruling

In this case, between dismissed employee Theresa Mulderij and the Goldrush Group for which she had previously worked, the question that had to be decided was whether the company’s dismissal decision was ‘substantively fair, based on incapacity’ since the employee had refused to be vaccinated.

‘Foreigners everywhere, nationals nowhere’: Southern Africa’s changing response to UN campaign on statelessness

Statelessness, once a ‘forgotten human rights crisis’, has been put at the forefront of a global agenda with the UN’s #Ibelong campaign. Among the most tragic victims of statelessness are children found abandoned in a state and who, in most Southern African states, would as a result never have any nationality. Condemned to a life in a limbo that extends even to their adult years, and that may even be inherited by their children, these stateless persons illustrate how essential the right to nationality is to every person.

In the aftermath of World War II, hundreds of thousands of individuals found themselves stateless in a shattered Europe.

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