South Africa: Environmental Liability in the Context of Historical Pollution

A recent International Law Office article highlighted the "ongoing debate on whether the [South Africa's] National Environmental Management Act extends to liability for historical environmental pollution or degradation that pre-dates the act. The High Court recently held that the provisions are not retrospective and, accordingly, the obligation to take corrective measures does not apply where pollution and degradation were caused or began before the date of commencement of the act." Source: International Law Office