CAPE TOWN — If you thought our courts were the last redoubt in the defence of our Constitutional democracy, consider the existing load our dysfunctional government is putting on them – and then read this scary, very real addition. Ed Herbst singles out the Department of Environmental Affairs as the worst, but by no means, the only miscreant among ministries, in preparing a swathe of laws, later enacted, which could in a single successful challenge be declared unconstitutional. This emerges in a letter from Cox Attorneys to Ms. Bomo Edna Molewa, the environment minister, challenging multiple laws where the basic requirement of publication for comment in a national newspaper before promulgation was allegedly not complied with. As Cox Attorneys argue, backed by several judgements, this is not a mere technical requirement. In our Constitutional democracy, it’s as important as the right to vote. Laws are passed with the consent of an input from the people. Any arbitrary government action to the contrary is unlawful. Should Cox not find a remedy from Ms. Molewa’s department, a legal challenge could ensue, rendering multiple existing laws useless, with dire consequences. Among them; the Threatened or Protected Species regulations, the CITES regulations, plus the Biodiversity Management Framework, not to mention management plans pertaining to rhino, lions and cycads. As Herbst so fittingly describes it, this could be the environmental “Mother of all Bombs” or MOAB. – Chris Bateman – Biznews, 31/10/2017