Ernest Mabuza

THE Gauteng environment department has warned property developers who put profit before the environment that their approach is shortsighted.

The comment came after the Constitutional Court this week upheld an appeal by Environment MEC Khabisi Mosunkutu against a Supreme Court of Appeal judgment. The appeal court had held that an authority had powers to stop a person from performing any activity that might damage the environment, but only after following procedures envisaged in the Environment Conservation Act.

Section 31A of the act empowers an authority to direct any person who performs an activity that damages the environment to stop or take remedial steps within a specified period. Section 32 provides a 30-day notice and comment period.

The appeal court ruled that an exercise of power under section 31A of the act must comply with the 30-day notice and comment procedure in section 32.

The case involved HTF Developers which owned a property in Pretoria that it wanted to sub- divide into residential stands for sale. The MEC relied on section 31A and ordered the developers to cease activity because the site was on an untransformed ridge, considered to be a sensitive environment.

The Constitutional Court had to decide whether an exercise of power under section 31A was subject to the notice and comment procedure of section 32.

Judge Thembile Skweyiya said section 31A dealt with situations where actions caused or threatened harm to the environment.

“These situations require a prompt response, which depending on the urgency of the situation, may not be able to accommodate consultation prior to the issuing of a direction to cease the harmful activity,” Skweyiya said.

Business Day