De Kock v Minister of Water Affairs and Forestry and Others

The applicant, Mr Johann de Kock, acting without legal representation, sought direct access to the Constitutional Court in terms of section 167(6)(a) of the Constitution and Rule 18 of the Court’s rules. He alleged that pollution caused by ISCOR’s (now Mittal Steel South Africa) industrial activities in Vanderbijlpark infringed his constitutional environmental rights under section 24 and his property rights under section 25. He cited several state actors, including national ministers, the President, the National Director of Public Prosecutions, the Human Rights Commission and a local council manager, for failing to implement environmental legislation and to prosecute ISCOR for the alleged pollution. The application did not clearly formulate the issues, the relief sought, or compliance with Rule 18 requirements.

The application for direct access was refused. The Registrar was directed to bring the judgment, particularly the Court’s comments on legal assistance, to the attention of the Law Society of the Northern Provinces for consideration of providing assistance to the applicant.

The case reinforces the strict approach of the Constitutional Court to direct access and confirms that it will not ordinarily act as a court of first and last instance without clear compliance with procedural rules and exceptional circumstances. It is also notable for the Court’s sensitivity to access-to-justice concerns in environmental matters and its proactive step in encouraging the organised legal profession to assist an unrepresented litigant raising issues of public importance.