IMEL takes the lead at the Environmental Law Association of South Africa Annual Conference, 2023
On 13 and 14 October 2023, Dr Melanie Murcott, Associate Professor at the Institute of Marine and Environmental Law (IMEL), attended and participated in the Environmental Law Association of South Africa's Annual Conference. The theme of the Annual Conference was "New Frontiers in Climate Law and Governance".
On 13 October, Judge Avinash Govindjee, gave the keynote presentation. He offered insightful analysis of the Constitutional Court's December 2022 decision in Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd and Others. Judge Govindjee reflected that the Constitutional Court missed an opportunity to embrace Melanie's legal theory of transformative environmental constitutionalism. Indeed, Melanie's theory was mentioned in several presentations, illustrative of its significant impact since being published in October 2022.
On 14 October, Melanie presented alongside other experts in the field of environmental law in a panel on recent case law. Melanie's presentation focused on Thungela Operations (Pty) Ltd v Chief Director, Water Use License Management: Department of Water and Sanitation and Others, a 2023 decision of the water Tribunal. Melanie argued that the Water Tribunal had rightly upheld a refusal by the Department to grant a water use license to Thungela, including because of the serious potential impacts on wetlands and sensitive ecosystems. In addition, Thungela had not factored in future climatic variations and their possible impacts on water, or the mitigation measures required.
Not only did Melanie present at Annual Conference, she was also elected as the new Chairperson of the Environmental Law Association of South Africa. Long-serving Chairperson, Peter Kantor, stepped down in 2023, having reached the end of his term, and handed the baton to Melanie. As newly elected Chairperson, Melanie is committed to filling Peter's very large shoes during her three year term alongside other Executive Committee members of this important non-profit organization. The Environmental Law Association of South Africa has the goals of promoting and assisting in the development and application of environmental law in South Africa as required by the right to an environment not harmful to health or well-being entrenched in the Constitution.
Nina Erhart, a student of IMEL's Natural Resources Law course, attended the Annual Conference to deepen her understanding of the field of environmental law, and build connections with the broader environmental law and governance community. According to Nina:
Attending the Environmental Law Association 2023 conference, which was focused on climate change, placed what I have been learning into a practical context where I found myself strengthening the knowledge I have gained. It was comforting to see that several of the presenters were names that I recognised from literary sources used within the course. By further engaging with these scholars I believe it to have benefitted my ability to consolidate what I have learnt, and added to it in a meaningful way. I personally enjoyed connecting with the other students attending, and even being able to engage with some presenters. The conference opened my eyes to the future needs of environmental law regime which has now greatly informed my career decisions and interests. To anyone, student or not, I would recommend attending this annual conference as it is highly impactful. The issues of environmental degradation and climate change are ever-present, and in attending this conference my eyes have been further opened to the struggles that communities of all species are facing. Humans are the causes of these environmental issues, and thus need to be the change. I believe the ELA is one of our strongest local actors for change.