Centre for Environmental Rights – Advancing Environmental Rights in South Africa

World Environment Day 2025 is especially important as communities worldwide face urgent environmental challenges that demand immediate action. For communities to action their right to a healthy environment it requires access to information to empower every citizen with the opportunity to hold both private and public bodies to account in instances where rights are violated.

By Tarisai Mugunyani, Head of Mining Programme, Centre for Environmental Rights

The South African constitution in section 24, guarantees everyone a right to a healthy environment that is not harmful to their health or well-being. And further to have the environment protected, for the benefit of present and future generations, through reasonable legislative measures that prevent pollution and ecological degradation and promote conservation, while securing ecologically sustainable development and use of natural resources. To ensure this right, ordinary citizens require access to information.

Access to information a fundamental right

Access to information is a fundamental right that promotes transparency and accountability. This right enshrined in section 32 of the constitution is empowered through the Promotion of Access to Information Act, 2000 (PAIA). PAIA establishes clear guidelines to ensure that information holders disclose information unless a valid exemption applies. Section 11 of the PAIA enforces a pro-disclosure principle, meaning that access to records should be granted by default, and refusals should be the exception rather than the rule.

As a starting point, PAIA states that individuals requesting access to information are entitled to them. If the legal requirements are satisfied, access can only be denied based on the specific grounds outlined in Chapter 4 of PAIA. Consequently, if the requested information does not fall within an exemption, neither the information holder nor the court has the discretion to refuse access.

As an example, the various state departments such as Department of Mineral Resources, the department of Forestry, Fisheries and Environment and the Department of Water and Sanitation through their PAIA manuals explain to people how they can get access to the records held by them and also list documents that should readily be available for individuals requesting them without the legislative limitations.

When access to information is denied, both public and private entities have a duty to provide clear reasons for their decision. This should be done in writing, with reasons for the denial. This requirement serves as a safeguard against arbitrary refusals, ensuring that bodies justify their decisions and do not withhold information without legitimate grounds. By compelling public and private bodies to provide detailed explanations, accountability is promoted and safeguards requesters to challenge unjust denials through internal appeals, complaints to the Information Regulator or court appeals.

We have observed that despite these legal protections guaranteed in PAIA, compliance with those provisions remains problematic in practice. Many public and private bodies fail to provide specific reasons for refusal, often citing vague terms and invoking confidentially. Others resort to delay tactics, stalling responses beyond the legally mandated 30-day period. Additionally, some institutions misuse exemptions, such as “commercial confidentiality” or “national security”, as a blanket justification for a refusal, for some state bodies they fail to provide responses at all.

Call for transparency

In light of the growing concerns raised by mine impacted communities in South Africa, and given the urgency of action required to mitigate environmental harm caused by mining, it is particularly concerning that critical information, such as environmental impact assessments, environmental management plans and financial provision assessments and allocations are often withheld.

The right to access to information and environmental rights are intrinsically intertwined; only when we have transparent access to research, data and information, can we ensure we protect a sustainable environment for generations to come. Lack of access to this information directly affects the public’s ability to engage in compliance, monitoring and enforcement of mining licences or mine closure and rehabilitation as well as the social contracts mining companies undertake through social and labour plans.

On World Environment Day we call on public and private bodies to balance privacy and the need for transparency. There is ongoing need to ensure that there is stronger oversight to hold public and private bodies accountable for noncompliance with PAIA. Without this in place, human and environmental rights are violated, negatively impacting communities’ wellbeing. Greater transparency is required particularly to limit and mitigate environmental harm.