Enabling or hindering environmental protection in South Africa: the role of government.

Abstract

Environmental protection has become a permanent feature in most countries’ constitutions since its conceptualization in the United Nations Conference on the Human Environment (1972) held in Stockholm, Switzerland. After the conceptualization, the need for environmental protection has been widely written about in international conventions, court judgments and by scholars, yet unjustifiable environmental interference is still witnessed globally. The Constitution of the Republic of South Africa, 1996 (Constitution), in section 24, introduced the concept of environmental protection, called environmental rights. In section 24 of the Constitution, everyone has the right to have the environment protected for the benefit of present and future generations through reasonable legislation and other measures. Section 24(b) of the Constitution enabled the promulgation of the National Environmental Management Act 107 of 1998 and other national environmental laws. These laws enable the citizens to rely on section 24 of the Constitution to take decision-makers to court for environmental transgressions. Despite section 24(b)(iii) of the Constitution's instructive language on the need to promote justifiable economic development in South Africa, it is common to witness unjustified environmental interference in pursuing economic development. This desktop study explores the South African Government’s role in environmental protection, whether enabling or hindering it. This study reviews the literature on environmental protection, national legislation, court judgments, journal articles and international charters on environmental protection. The analysis in this desktop study reveals that there is enough legislation on environmental regimes in South Africa, and the legislation advocates for environmental protection. However, the interpretation and implementation of the legislation leave much to be desired as the South African Government prefers unjustified economic development over environmental protection. This is witnessed in how the South African Government irrationally prefers economic development over environmental protection. Accordingly, the unjustifiable preference for economic development hinders environmental protection in South Africa.