oa Constitutional Court Review - Sustainable development in practice : fuel Retailers Association of Southern Africa v Director-General Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province : case comments

Volume 1, Issue 1
  • ISSN : 2073-6215



In the opening salvo of his dissenting judgment in Fuel Retailers Justice Sachs notes the irony behind the fact that the first environmental rights case before the Constitutional Court came from 'an organised section of an industry frequently lambasted both for establishing world-wide reliance on non-renewable energy sources and for spawning pollution'. However, this fact does not come as a total surprise. The fuel sector and filling stations in particular have been involved in several cases concerning environmental matters. In some of these cases the issue of sustainable development, which is guaranteed in the South African environmental right, has taken centre stage. As a result, even before Fuel Retailers, we have seen the emergence of a South African jurisprudence on sustainable development.

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