Annual Conference 2025 – Environment and Justifiable Limits on Development

Hosted by the Ismail Mahomed Centre for Human and People’s Rights, School of Law, University of Venda

Dates

  • 8 October – Student Conference
  • 9-10 October – Annual Conference
  • 11 October – ELA AGM; Excursion to the Nwanedi Resort

Theme

The environmental right in section 24 of the Constitution provides that ‘everyone has the right to an environment not harmful to health or well-being’. Further, it states that the environment is to be protected for the benefit of present and future generations ‘through reasonable legislative and other measures that…secure ecologically sustainable development and use of natural resources while promoting justifiable social and economic development’. The right may be limited in terms of section 36 of the Constitution. But only in terms of a law of general application that imposes a limitation that is ‘reasonable and justifiable’.
Yet environmental rights violations are rampant. Harmful economic developments cause millions of deaths worldwide each year, including from water and air pollution. Evidently, they violate not only the right to an environment not harmful to health or well-being, but but interrelated rights to life, dignity and equality, as well as the rights of the child, given children’s particular vulnerabilities. South African case law demonstrates that the government authorises developments such as new procurement of new coal-fired power without interrogating whether they are justifiable.

When is development justifiable?

Against the above background, our 2025 conferences will interrogate the relationship between the environment and limits on development, which must be justifiable. It provides a platform for engagement among activists, civil society, lawyers, judges, environmental assessment practitioners, government officials, and others in the environmental governance space. The overarching goal is to enhance knowledge on the legal requirement to justify economic and social development given the constitutional imperative to secure ecologically sustainable development. This is a topic that courts and academic literature have not yet sufficiently explored. It is ripe for discussion among diverse state and non-state actors that want to understand the what, when, and how of ‘justifiable development’. In collaboration with the Ismail Mahomed Centre for Human and People’s Rights, School Law, University of Venda, we will unpack this topic.
  

We will publish a call for abstracts and registration form soon

Please save the date and join us for insightful inputs from:

  • leading, globally recognised environmental law academics.
  • activists seeking to defend the environment in Limpopo, such as Living Limpopo and the Vhembe Biosphere Reserve.
  • practising lawyers in the environmental law space.
  • the broader scientific community focused on the relationship between development and the environment.

The ELA is committed to bringing together diverse voices in pursuit of the protection, promotion and fulfilment of the environmental right. Our conferences offer a rare opportunity to connect with a complex and growing community in the environmental governance space.

Conference highlights

For the first time the ELA is hosting its conferences in the Limpopo Province, in collaboration with the Ismail Mahomed Centre for Human and People’s Rights, School of Law, University of Venda. Our exciting collaboration draws attention to an often peripheralised, highly significant part of South Africa. Here are some facts about Limpopo:

  • It is 125 754 km², a land area larger than many countries, including Portugal and Malawi.
  • Its population is around 5 million people.
  • It is home to some of South Africa’s most important biodiversity, including in the Mopani; Vhembe; Capricorn; Waterberg; Sekhukhune districts.
  • The “Big Tree” or Sagole Baobab is located near Thohoyandou in Vendaland, Limpopo. It is a massive baobab tree considered the largest in South Africa, with a trunk diameter of 10.8 meters and a circumference of 32.89 meters.
  • The Musina-Makhado Special Economic Zone is planned in Limpopo, and is currently subject to a legal challenge given its proposed clearance of between 3868ha-8000ha of pristine land in Limpopo in preparation for the development of a 3 300 MW coal-fired power station and other heavy industrial activities.

Excursion to Nwanedi Resort: 11 October

Our conferences showcase the complexity of Limpopo: its beauty and the benefits and risks of economic development. On 11 October, we will visit the Nwanedi Resort. This stunning resort is situated inside Nwanedi Nature Reserve, a protected area in the northern part of Limpopo. It is located about 20 km east of Tshipise and 35 km north of Thohoyandou.

The Nwanedi Nature Reserve includes a part of the wooded foothills of the Soutpansberg Range. It is located in the centre of the majestic Venda Mountains in the northern parts of Limpopo. Further, varied landscapes, rich diversity of animals, and the awesome Nwanedi and Luphephe dams characterise this resort. It features a spectacular waterfall, known as Tshihovhohovho Falls. The Nwanedi Nature Reserve is in the Soutpansberg or “Tha-vhani ya muno” (mountain of salt) which is in the traditional area of the Venda people. And, it is rich in plant diversity with Yellowwood trees, twelve Acacia species, including Fever Trees, Giant Cabbage Trees, Proteas and ancient Tree Ferns.

Conference organising committee

The members of the conference organising committee are:

  • Dr Melanie Murcott, Chairperson of the ELA, Associate Professor, UCT
  • Prof. Ademola Oluborode Jegede, Limpopo Representative of the ELA, Director, Ismail Mahomed Centre for Human and Peoples’ Rights, School of Law, University of Venda
  • Dr Nonhlanhla Ngcobo, Treasurer of the ELA, Lecturer, NWU
  • Nicola Irving, Vice-Chairperson of the ELA, Attorney, Norton Rose Fulbright
  • Mikaella Bodeux, Secretary of the ELA, Attorney, Warburton Attorneys
  • Margot Slabbert, Social Media Manager of the ELA
  • Saritha Marias, Secretariat of the ELA, Personal Assistant, Office of the Dean, NWU
  • Cornelia Van Graan, Lecturer, Department of Public Law (Criminal Procedure), School of Law, University of Venda
  • Ndzumbululo Mulaudzi, Intern, Ismail Mahomed Centre for Human and Peoples’ Rights, Faculty of Management, Commerce and Law, University of Venda
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Date

Oct 08 - 11 2025

Time

8:00 am - 6:00 pm

Location

University of Venda
Ismail Mahomed Centre for Human and People’s Rights, School of Law, University of Venda

Organizer

Ismail Mahomed Centre for Human and People’s Rights, School of Law, University of Venda
Phone
+27 15 962 8330
Email
[email protected]
Website
https://imchpr.univen.ac.za/

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