CHAIRMAN of the Environmental Commission Sunil Sookraj wants more active participation by citizens, civil society, NGOs and environmental groups to protect the environment.
“Protection of the environment is everybody’s business,” he said in his message to commemorate the opening of the 2023/2024 law term.
Sookraj also called for greater use of the commission.
Also of importance was the need to adopt climate-change mitigation and adaptation strategies to reduce the impact and reverse climate change.
The commission is a specialised environmental court with a specific mandate. Its jurisdiction is set out in the Environmental Management Act. It is a superior court of record.
The commission’s authority includes adjudicating appeals against the Environment Management Authority (EMA), among other complaints relating to environmental breaches. It also adjudicates in direct private-party actions.
Sookraj said since the EMA had an important role in the process of environmental governance, it was essential for it actively to pursue its oversight of the environment and activities iaffecting it.
“Enforcement of the laws, rules and regulations, under its purview, as well as prosecuting violations are also key aspects of the EMAs’ mandate.”
Sookraj said legal standing to challenge transgressions under the act was very broad and anyone can access the commission by filing an action.
While acknowledging that the cost of bringing a complaint might be prohibitive for an individual, Sookraj said there were provisions for accessing a Legal Aid attorney to assist with the prosecution or defence of a matter.
The commission also offers mediation as an alternative to resolve disputes.
In his address, Sookraj said the commission has started to transform itself into the digital age. The pandemic led to its doing business online.
“There is still significant work to be done in this regard and we hope to make steady progress during this term.”
He said there are 26 permanent positions at the commission, but only 15 are filled, and although modern courts require specialised skill sets in their staffing complement, since its inception, the positions at the commission have remained the same.
The commission, he said, was working on re-engineering and re-designing its organisational complement and structure.
“It is hoped that this exercise will build the organisational capacity and provide the commission with the support that is needed. This project is expected to be completed in the coming term.”
Sookraj also said the commission’s jurisdiction has also remained unchanged since its establishment in 2000.
“With the increased challenges to the environment and the existential threat to human life, it would be prudent for stakeholders to engage in a review and realignment of the enabling legislation. In so doing, consideration should be given to expanding the jurisdiction of the Environmental Commission to cover a wider range of matters affecting the environment.
The post Commission: Environment is everyone's business
