Access to courts by vulnerable persons in relation to hydraulic fracturing in South Africa

Hydraulic fracturing is in a planning stage in South Africa. Notices have been issued regarding pending administrative decision concerning applications for exploration rights to explore for natural (shale) gas largely in the Karoo region. Concerns, which are similar to those expressed in other jurisdictions regarding the process are also being raised locally. These concerns are exacerbated considering that a significant part of the population of the Karoo have limited understanding of the issues associated with hydraulic fracturing. Many of them are also poor, which may hinder their effective access to justice. The aim of this article is to examine the constitutional provision pertaining to the right of access to courts in South Africa vis-à-vis a theoretical underpinning of the right with a view to determining whether or not the provision can effectively be applied to guarantee the access of poor and vulnerable persons to the courts in the event of any potential violation of their rights by hydraulic fracturing. Recommendations are made in the conclusion, to reinforce the ability of poor and vulnerable persons to enforce the right of access to courts in the event that hydraulic fracturing becomes a reality in South Africa.