South Africa: Attorneys Warn of Corruption Risks and Weaker Checks in New Environmental Impact Assessment Plan

Environmental law watchdogs are pushing back against government plans to introduce a more 'flexible' environmental impact assessment (EIA) process, warning that the proposed changes could weaken public participation, undermine proper assessment and increase the incentives for corruption.

Following a recent series of public consultation meetings, the government is planning to publish formal proposals in August for a new flexible environmental impact assessment (EIA) system that would give officials much wider discretionary powers.

In response to an invitation to comment on these proposals, several environmental law attorneys and other interest groups have submitted their critiques to the national Department of Forestry, Fisheries and Environment (DFFE) ahead of the 31 May deadline.

In her submission to the department, environmental law attorney Janice Tooley warned that -- in the absence of further safeguards -- these new discretionary powers could increase the potential for corruption

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Tooley, a director of the Durban-based All Rise Attorneys law clinic that provides free legal services to vulnerable and disadvantaged communities and other civil society groups, argues that the proposed "reforms" are unlikely to improve the current process.

"It will simply enable faster processing of applications through a system whose underlying quality and effectiveness deficiencies remain unresolved," she argues.

Tarisai Mugunyani and Paul Wani Lado, attorneys at the Centre for Environmental Rights (CER), have also raised concerns, suggesting that South Africa is on the brink of "one of the most consequential shifts in...

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