All rise for KZN’s first pro bono enviro legal clinic
All Rise is one of only a few law clinics in the country assisting communities and organisations to assert their constitutional right to an environment not harmful to their health or well-being.
A NEW non-profit law clinic focusing on climate and environmental justice has been established by an all-women crew.
Kirsten Youens and Janice Tooley are the legal beagles who founded All Rise, making them the only pro bono attorneys in KZN working exclusively in the environmental field.
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All Rise is one of only a few law clinics in the country assisting communities and organisations to assert their constitutional right to an environment not harmful to their health or well-being.
‘South Africa has one of the best constitutions in the world. Our Bill of Rights encompasses fundamental rights to life and equality, to food, water and housing, and to an environment that is not harmful to one’s health or well-being.
‘The challenge lies in enforcing these rights. Rights on paper are not enough. Without lawyers acting pro bono and generous funders who can cover the high costs of litigation and client engagement, it is impossible to put these rights, so eloquently set out in the Constitution, into effect,’ said Youens and Tooley.
They are passionate and experienced attorneys, representing those who cannot afford legal services. Aside from environmental and climate issues, the group takes on other matters of public interest, including litigating when necessary, and providing representation in environmental impact assessment (EIA) processes and administrative appeals.
The team provides community support and training, as well as advocacy for wildlife and the environment, which have no independent legal status.
All Rise seeks to rectify a number of challenges, including lack of access to the legal system to enforce environmental rights, people not knowing or understanding their rights, environmental issues not being given the same weight as other issues, and the urgency of addressing climate change.
Most of Youens and Tooley’s energies have, in recent years, focused on coal mines in northern KZN and their impact on the surrounding communities.
Of these cases, the most intensive have been the two High Court challenges brought against Tendele Coal Mining and its Somkhele opencast mine in Mtubatuba.
These applications were done on behalf of the Mfolozi Community Environmental Justice Organisation (MCEJO), comprising more than 3 000 members, as well as the Global Environmental Trust (GET), ActionAid South Africa, Mining Affected Communities United in Action (MACUA) and the Southern African Human Rights Defenders Network.
The first case has been taken to the Constitutional Court on appeal where it is awaiting a hearing. The second case – a review case challenging Tendele’s 2016 mining right – will be heard in the Pretoria High Court in October. ‘Being witness to the injustices in northern KZN was the turning point for us, and where our law careers became our passion.
‘We realised the positive impact we could have on thousands of people who don’t have access to the information or legal support they need to advocate for their own rights,’ said Youens.
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