By Louise Jobe
A magistrate has dismissed a civil case filed by the Village Development Committee (VDC) of Kartong against a sand mining company accused of operating illegally in the coastal village.
Principal Magistrate Anna O. Mendy of the Brikama Magistrates’ Court struck out the case on procedural grounds. In her ruling, she stated that the matter had not been properly filed before the court and must be resubmitted in accordance with the law.
“VDC or every person has the capacity to bring a public interest action to protect the environment but [they] have to go to Ministry [of] Justice and to Attorney General,” Magistrate Mendy said. “The Attorney General [has] to provide them with fiat (legal authority).”
A fiat is an authoritative decree or official order issued by someone in power.
The decision points to the requirements laid out under the law governing public interest environmental actions. According to Section 3 of the relevant environmental act, individuals and groups have a duty to maintain and enhance the environment. This includes notifying the appropriate agency of any activities that may cause harm.
The law further allows the agency to issue instructions to discontinue harmful activities or subject them to environmental monitoring. It also permits the Attorney General to initiate public interest litigation when those responsible refuse to comply or when their activities pose a threat to the environment.
However, Section 4(2) of the same act makes it clear that “every person has the capacity to bring a public interest action to protect the environment provided that the fiat of the Attorney General authorising the action is first obtained.”
Magistrate Mendy’s ruling effectively reiterates this requirement — that legal action in the public interest must be channelled through the Attorney General’s office with the appropriate authorization.
