The right of access to environmental information in the public and private sphere

Abstract

Access to information, public participation and access to justice are increasingly on the agenda in the international environmental sphere. In Company Secretary of ArcelorMittal South Africa v Vaal Environmental Justice Alliance (2015 1 SA 515 (SCA) para 71) it was confirmed that the legislature recognised the importance of public interaction and consultation in the field of environmental conservation. One way to involve society in an environmental matter is by ensuring access to relevant environmental information. The constitutional right of access to information enables society to express its concerns and improve the ability to hold public and private bodies accountable for their actions. The Promotion of Access to Information Act 2 of 2000 (PAIA) regulates and promotes this constitutional right and the principle of transparency that is also applicable to the environmental context. Although a series of pieces of legislation was recently published that intends to further regulate access to information, it seems that not all legislative developments aim to realise the constitutional right of access to information. Legislative improvements remain futile if they only remain on paper. Therefore, the right of access to environmental information must be effectively implemented. Although there has been some improvement on the realisation of the right of access to environmental information, there are growing concerns regarding the extent to which this right is being infringed upon by public and private bodies. It seems as if the provisions and application of PAIA and other relevant legislation are misunderstood by public bodies as well as private bodies. It is therefore necessary to determine how the right of access to environmental information in the public and private sphere is currently realised