Effectiveness of the public participation process, appeal and legal review

Abstract ID: 2362
Status: Pending
Session: #156 — Access to Remedy? Grievance Mechanisms and Projected-Affected Communities

Summary Statement

The presentation will look at the effectiveness of the public participation process, the outcomes of the remedies available to communities post the appeal and legal review process.

Abstract

The EIA process for the Clairwood Racecourse development involved standard steps like screening, scoping, and impact assessment, but was complicated by challenges including inadequate mitigation for biodiversity loss, a flawed public participation process, and significant concerns about increased pollution and traffic from the logistics park. Community groups argued that the environmental assessments downplayed the ecological damage, the proposed "green lung" was too small, and the negative health and social costs to nearby communities were not adequately addressed. The public participation has been identified as being flawed, with communities arguing that there was a lack of consultation: Community groups claimed that developers proceeded with investments and planning without adequate genuine consultation, which they felt was a strategy to "divide and rule" the community. While others say misleading practices: some felt that developer investments in local projects were used to sway the process and should have been separated from the EIA process itself. Therefore, this presentation looks at the effectiveness of the public participation process, and the outcomes of the remedies available to communities post the appeal and legal review process.

Presenting Author Bio

Zinhle Dlamini is a Deputy Head responsible for Biodiversity Management at eThekwini Municipality.

Presenting Author

Zinhle Dlamini
eThekwini Municipality
South Africa
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