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Author: search.filters.author.Augustine, MelissaSubject: search.filters.subject.Environmental law--South Africa

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    Fracking in the Karoo: an environmental justice perspective
    (2018) Augustine, Melissa
    This research essay is written from an environmental justice perspective as a critique on the Government’s decision to explore fracking Karoo. This essay is written in consideration of the voice of the predominately self-sufficient farming and farming reliant communities that live in the Karoo, within the context of the lack of participation which has been one of the greatest legal issues arising from the decision to pursue fracking in the Karoo. The lack of participation is not only an environmental injustice but is also an administrative justice issue under the principle of procedural fairness. The exclusion of the communities affects the rationality of the decision made by the government. A decision cannot satisfy the requirements for rationality in terms of administrative law if the decision makers cannot consider all of the relevant facts, such as the voice of the communities on the burdens that they would face should fracking proceed. The loss of historical value as well as the use of the land is one of the main burdens which will be placed on the community. The affects on the economy of the community which is heavily reliant on their farming would devastating for thousands of families who were historically and are presently prejudiced based on race, gender and their economic status. A related burden which will be carried by the communities is the possible contamination of the groundwater which the communities heavily rely on for their farming. The commitment to the depletion of water which will result from the practice of fracking in a water stressed country is certainly not rational. The burdens which are experienced by the communities far outweigh the benefits of fracking which are in fact established to be uncertain. The lack of consideration of the burdens by the Minister of Environmental Affairs can be attributed as a consequence of the lack of participation. The inclusion of the communities in the decision-making process would change the entire lens which is currently placed on fracking, as decision makers would be forced to consider the burdens rather than the benefits. It will be concluded that when the voice of the communities in the Karoo are considered that it would be the only rational conclusion for the Minister of Environmental Affairs, as the competent Minister, to consider that the environmental burdens to be experienced by the communities would outweigh the benefits of fracking in the Karoo being pursued.