Dirty air is deadly for communities in Mpumalanga’s Highveld. For decades, companies have continued to pump toxic gases into the air, but legal action is catching up with them.  

What is the problem?

The Mpumalanga Highveld has some of the most polluted air in the world. The area is home to the majority of South Africa’s Eskom coal power stations and Sasol petrochemical factories, which produce massive amounts of sulfur and nitrogen dioxide. These toxic emissions blanket the region in smog, contributing to respiratory illnesses, premature deaths, and environmental damage. 

In 2007, the Department of Environmental Affairs designated the Mpumalanga Highveld as a “priority area” because of the dangerous levels of air pollution. The department created a management plan to improve air quality, particularly for communities facing poverty by placing limits on industrial pollution. 

However, in practice, this plan was largely ignored. The Department of Environmental Affairs failed to create regulations that could enforce their plan. Air pollution levels exceeded legal limits so far that a study by the South African government found that 10,000 lives would be saved if air quality standards were met. 

How are they fixing it? 

Several environmental justice organisations teamed up to take the Department of Environmental Affairs to the courts demanding that air quality rules be enforced – and won.

What’s making it work?

A committed legal battle for environmental justice: In 2019, environmental justice activists through groundWork and the Vukani Environmental Justice Movement in Action took the Department of Environmental Affairs to court. The Pretoria High Court ruled that the Department of Environmental Affairs’ failure to create and enforce regulations for the Highveld Plan went against citizens’ constitutional right to live in a safe environment. 

But the minister of Environmental Affairs at the time, Barbara Creecy, appealed the decision on a legislative technicality, arguing that the Air Quality Act meant that she had discretion, not a duty to issue regulations. The case went to the Supreme Court of Appeal, which in April 2025 delivered a landmark judgement that upheld the original ruling that constitutional rights were violated and the minister had unreasonably delayed taking action. 

Creating a strong new plan to reduce air pollution: The Department of Environmental Affairs has created a bold new Highveld Priority Area Air Quality Management Plan with a specific and achievable goal of reducing deadly emissions by 40% before 2030. Importantly, it is now abundantly clear that the regulations in the plan are legally binding, so environmental justice organisations have a better tool to hold companies and government accountable if the standards are not met. 

Civil society working together: A number of environmental justice organisations pooled resources to fight the legal battle for clean air. groundWork, a national environmental justice organisation, teamed up with a local Mpumalanga community organisation,  Vukani Environmental Justice Movement in Action (Vukani) to take legal action. They were represented by activist lawyers at the Centre for Environmental Rights (CER). Together, they created a formidable force that created both a strong legal case and generated local and national support for stronger clean air regulations. 

The fight for clean air in the Mpumalanga Highveld continues. But years of organising, legal advocacy, and community action have delivered a powerful message: no polluters, politicians or government departments are above the law when it comes to protecting people’s right to a safe and healthy environment. 

Acknowledgements:

Major Court Victory for Communities Fighting Air Pollution in South Africa - Earthjustice

Justice in the face of “Deadly Air”: What the Highveld Pollution case means for YOU