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[1]              This is an application invoking this Court’s exclusive jurisdiction in terms of section 167(4)(e) of the Constitution. [1]  It concerns an alleged failure by Parliament to comply with its constitutional obligations to facilitate public involvement, in breach of sections 59(1)(a) and 72(1)(a) of the Constitution.[2]  The constitutional challenge is directed at specific provisions of the National Environmental Management Laws Amendment Act[3] (NEMLA Act) that amend the definition of “waste” in the National Environmental Management: Waste Act[4] (Waste Act) and insert other related provisions into the Waste Act.  The NEMLA Bill was assented to on 24 June 2022 but has not yet been brought into operation.

[2]              The central issue in this case is whether material amendments to a Bill without further public involvement passes constitutional muster.  There are two aspects that must be addressed: first, whether the amendments are material, and second, whether these amendments triggered the need for further public involvement.

Parties

[3]              The first applicant is the South African Iron and Steel Institute (SAISI).  SAISI represents the collective interests of the South African primary steel industry.  Its members include three carbon steel producers and South Africa’s only stainless-steel producer.  One of its members is ArcelorMittal South Africa Limited (AMSA), the third applicant in this matter.

[4]              The second applicant is the Fertilizer Association of Southern Africa (FERTASA).  FERTASA represents the fertilizer industry in Southern Africa with its members producing, trading, blending and distributing fertilizer products across the region.  Through FERTASA, the applicants wish to be heard and to call for public participation in respect of the impugned amendments.