Environmental justice organization The Green Connection has raised serious concerns over the draft regulations of the Upstream Petroleum Resources Development Act, warning that they could undermine democratic participation, marginalize affected communities, and worsen environmental degradation.
The regulations, currently under review by the Department of Mineral and Petroleum Resources, were passed by Parliament in April 2024. However, The Green Connection argues that key provisions in the draft could silence public voices and fast-track ecological harm.
Narrow Public Participation a Major Concern
Legal Advisor Shahil Singh highlighted that the regulations impose a restrictive definition of “interested and affected parties,” potentially excluding environmental groups, adjacent communities, and concerned citizens from decision-making processes.
“The definition only includes those with a direct interest or those immediately affected by a project,” Singh explained. “This could shut out environmental organizations, neighboring communities, and even ordinary citizens worried about climate impacts.”
Singh emphasized that this approach contradicts Section 24 of the Constitution, which guarantees the right to a protected environment, as well as the National Environmental Management Act (NEMA).
Appeal Fees Could Silence Vulnerable Voices
Another contentious issue is Regulation 37(6), which requires individuals to pay a fee to appeal administrative decisions on petroleum projects. Singh condemned this as unconstitutional, arguing that it echoes past oppression by limiting public recourse to those who can afford it.
“No one should have to pay to have their voice heard,” he said. “Even a one-cent fee is too much—this violates the right to fair administrative action.”
Calls for Broader Inclusion and Transparency
The Green Connection has submitted formal objections to the department, urging amendments to ensure:
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Wider public participation, allowing all potentially affected groups to engage.
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Removal of financial barriers to appeals and consultations.
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Stronger environmental and climate considerations in petroleum projects.
While the department has acknowledged receipt of their submission, no official response has been issued yet. The deadline for public comments closed on *26 May 2024*.
What’s Next?
As the department reviews feedback, environmental and community groups remain vigilant, fearing that without changes, the regulations could prioritize industry interests over democratic rights and ecological protection.
“South Africa’s history demands inclusive governance—not policies that silence the people,” Singh asserted.
The final regulations could set a critical precedent for how the country balances energy development with environmental justice and public rights.