Company Secretary of ArcelorMittal South Africa v Vaal Environmental Justice Alliance

The Vaal Environmental Justice Alliance (VEJA), a non-profit organisation advocating for environmental justice, requested environmental information from ArcelorMittal South Africa Ltd (AM), a private industrial corporation, under the Promotion of Access to Information Act 2 of 2000 (PAIA). The requests related to AM’s Environmental Master Plan for its Vanderbijlpark plant and documentation concerning the closure and rehabilitation of a hazardous waste disposal site in Vereeniging. VEJA asserted that the information was required to protect the constitutional environmental right in section 24 of the Constitution and to ensure compliance with environmental legislation. AM refused the requests, arguing that VEJA had not identified a right as required by section 50(1)(a) of PAIA and contending that the Master Plan was outdated, flawed, and no longer relied upon. VEJA successfully challenged the refusal in the Gauteng Local Division, Johannesburg, and AM appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the High Court order compelling disclosure of the requested information stood.

This case is a leading authority on access to environmental information held by private bodies under PAIA. It affirms the role of civil society and the public in environmental governance, reinforces a culture of openness, and confirms that PAIA must be interpreted consistently with section 24 of the Constitution and the principle of sustainable development.