Centre for Environmental Rights Launch

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Thursday August 12 2010

Environmental impact

NGOS READY TO FIGHT INJUSTICE KAREN WATKINS wo non-profit organisations, the Centre for Environmental Rights (CER) and the Environmental Defence Fund (EDF), which will give people access to environmental law opened in Sussex Road, Observatory, last week. The CER which was established in October by eight environmental NGOs with the support of over 40 smaller ones, is run by a group of dedicated lawyers who give part of their time towards helping to protect the environment. Andy Gubb, Senior National Conservationist with Wessa, said the opening of the CER represents a pinnacle of achievement for funders, individuals and civil society groups. “At last we have a vehicle through which ordinary people will have much-needed access to environmental law,” he said. “The need for civil society access to law when dealing with environmental issues gained momentum about 10 years ago,” said Mr Gubb. Fred Orban, vice chair of MEP (Mossel Bay Environmental Partnership) who came to Cape Town for the opening, said: “This (CER) is long overdue and it should have been established 20 years ago. The MEP has been going strong for about 12 years and has been actively involved in many environmental issues and projects in the greater Mossel Bay area. The only reason why we in South Africa

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have anything left environmentally is because we had so much to start with,” he said. Milnerton resident and energy expert David Lipschitz said: “Taking big business and government to the Constitutional Court is expensive and it needs our collective input to make it happen. The nature of this name (CER) is excellent. It protects the environment. It also protects us as we live in the environment and are a part of the environment. We are all parts of a universal energy system and the CER will help protect us South Africans – as long as we support the CER.” Executive director of the CER Melissa Fourie said the CER will take part in environmental decision-making processes. “Like environmental impact assessments (EIAs) and applications for mining licences, and in cases of non-compliance with environmental laws (by both government and industry),” said Ms Fourie. She added that they also provide support in the reporting of noncompliance to the appropriate authorities. Mr Orban said that while environmental legislation is generally excellent, there are major practical problems as far as the onslaught on the environment is concerned. “The old problems are that the enforcement through the courts is not working well; due to lack of Continued on page 3

■ Olivia Warren and Alice Steytler, president and deputy president of Herschel Preparatory School’s Outreach programme, had their work cut out for them when they requested donations of soup for charity. Parents and pupils donated 2 830 packets and tins to distribute to the various homes for the aged, children’s homes and shelters for mothers and children that the school supports.

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Thursday August 12 2010

■ Board members, staff members and supporters of the Centre for Environmental Rights, from left, Susi Brownlie, Jeffrey Rameti, Louis Smith, Claire le Roux, Chamuwari Ketano, (front) Melissa Fourie and Olivia Rumble.

Environmental NGOs pool resources

Does Africa need the International Monetary Fund? is the big question economist Dr Mark Ellyne will address at GIPCA’s Great Texts / Big Questions public lecture on Thursday August 19, at 5pm at UCT’s Hiddingh Campus, Orange Street, Cape Town. For more details call 021 480 7156.

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topics in environmental law and compliance. You can contact the CER on 021 447 1647. ● In section 24 of the South African Constitution it says that everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected,

for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable eco-

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■ Volunteers from Claremont police station took nine street people from Claremont to clean Newlands Rugby Stadium’s grounds and surrounds, on Saturday July 31.This project marked the start of the Claremont Inclusion Project, a new initiative aimed at reengaging street people in Claremont.This cleanup project was followed by a discussion, and a hot lunch of pizza and coffee. PICTURE: EVELYN LYLE If you wish to make a donation of equipment, clothing or financial assistance, call Sharon on 073 639 2414 or email sands.rome@hotmail.com Pictured is Claremont resident Joseph Zulu helping to clean up.

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sufficient funds to take the fights to the highest levels of justice,” said Mr Orban. He gave the example of issues where developers and authorities back inappropriate developments which are then tackled by NGOs and environmental organisations. “They have limited access to major funds and often cannot take the fight to the final round,” said Mr Orban. He said many lower income communities are apathetic to support or to become pro-active in defence of the environment. “The environment is not one of their priorities. They do not understand it and they also do not support it because too often they are told that environmentalists stand in the way of so called progress,” said Mr Orban. “The responsibility therefore falls on the informed to educate and to defend the defenceless and the uninformed. For that, they need knowl-

edge, easy access to information, foresight and funding. That is why the CER is so essential and that it grows at a rapid pace,” said Mr Orban. Ms Fourie said the EDF will primarily fund the CER and anyone can donate funds. She said they will be implementing a bequest programme for people who want to ensure the protection of the environment for future generations. Mr Orban would like to see the EDF enlisting top legal brains on a pro bono basis. “In the same way as the medical fraternity does for servicing outlying areas,” said Mr Orban. Judge Albie Sachs was the guest speaker and talked about his past, the environmental cases he has dealt with, the idealism and the reality of being a Constitutional Court judge and the huge costs, mainly time costs, involved in people going to the Constitutional Court and the formalities involved. Cases need to be prepared in a particular way and he is confident that the CERs lawyers will be

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