In 2023 Sasol, applied to the Minister of Forestry, Fisheries, and the Environment for its pollution emissions, specifically of sulphur dioxide (SO2), to be regulated on an alternative emission load basis, rather than on the current concentration-based limits. Sasol proposed that it would reduce their overall emissions by slowing down boilers and other machinery, rather than lower their percentage of SO2 they release. The National Air Quality Officer refused Sasol’s application Sasol accordingly submitted an appeal and on the 5th of April 2024 their appeal was upheld by the Minister of Forestry, Fisheries and the Environment (‘the Minister”). In upholding the appeal, he Minister determined that Sasol met all the requirements in the Listed Activities and Associated Minimum Emission Standards identified in terms of Section 21 of the National Environmental Management: Air Quality Act, 2004.
Just Share, an NGO focusing on combating climate change, opposed this appeal. Just Share commented that the decision by the Minister to uphold Sasol’s appeal gave the impression that government is permitting private companies to set their own pollution limits and that this had the potential of making a mockery of South Africa’s environmental legal regime. . The Minister’s position presumably will be that she has a discretion which she applied rationally taking into account the relevant facts, policy and legislative objectives.
Any party dissatisfied with this decision has 180 days to apply to a competent court to have the decision judicially reviewed.