Cover Page: Environmental Law
Rozalind Lindsay Els
Student Number: 54130166
Subject code: LCP4805
Subject Name: Environmental Law
School of Law
ID: 8504060108084
INTEGRITY DECLARATION FORM
I, Rozalind Lindsay Els, ID number 8504060108084, and student number;
54130166, understand that the University of South Africa regards breaches of
academic integrity and plagiarism as grave and serious.
By signing this form and by submitting this material online I confirm and declare that:
1. I have read and understood the UNISA Academic Integrity and Plagiarism
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practices that breach this Policy.
3. This assignment, or any part of it, has not been previously submitted by me
or any other person for assessment on this or any other course of study.
4. This material, which I now submit, for assessment, is entirely my own work
and has not been taken from the work of others save and to the extent that
such work has been cited and acknowledged within the text of my own work.
5. I have identified and included the source of all facts, ideas, opinion,
viewpoints of others, in the assignment references. Direct quotations,
paraphrasing, discussion of ideas from my Study Guide and Case Law are
acknowledged and the sources cites are identifies in the assignment
references.
Signed at Johannesburg on the 29th of September 2021.
1
QUESTION 1
1.1
Mitigation and Adaption are the main responses in tackling the effects of climate
change1. Mitigation aims to reduce the severity and seriousness of climate change
and Adaptation aims at formulating changes in order to soften the impact of climate
change.
The Intergovernmental Panel on Climate Change defines Mitigation as ‘‘an
anthropogenic intervention to reduce the source or enhance the sinks of greenhouse
gases’’2.
In the United Nations Framework Convention On Climate Change3, states that all
Countries which have committed to the Convention must ensure that they mitigate
the effects of climate change. Under Article 2(4)(a) it is stated that parties ‘‘shall
adopt 74 national policies and take corresponding measures on the mitigation of
climate change, by limiting its anthropogenic emissions of greenhouse gases and
protecting and enhancing its greenhouse gas sinks and reservoirs.’’
In Article 1(4) of the Convention emissions are defined as “the release of
greenhouse gases and/or their precursors into the atmosphere over a specified area
and period of time” and in Article 1(8) the Convention defines sinks as “any process,
activity or mechanism which removes a greenhouse gas, an aerosol or a precursor
of a greenhouse gas from the atmosphere.” Therefore, it is evident that mitigation
plays a major part in the response to climate change.
Mitigation is regards ways in which to reduce and prevent the emission of
greenhouse gases, it ensures that measures are put into place which will reduce
emissions and therefore effect climate change in a positive manner. The aim is
predominantly in sectors which produce large amounts of greenhouse gases such
a large industry sectors such as transport and energy.
1
Study Guide LCP4805 page 74
https:// www.ipcc.ch/organization/organization.shtml accessed 2017-04-02
3 UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, UNITED NATIONS
1992, FCCC/INFORMAL/84 GE.05-62220 (E) 200705
2
2
There are a number of ways in which this can be accomplished such as adopting
new technologies and changing consumer behaviour. François Hollande, the former
president of France made a quote which describes the need for consumer behaviour
to change when he stated “The time is past when humankind thought it could
selfishly draw on exhaustible resources. We know now the World is not a
commodity” thus the need to use technology such as wind and solar to produce
energy and the need to change the manner in which people consume is necessary
and forms part of the Mitigation of the effects of climate change. Another area of
focus is to improve technologies to ensure that they are more energy efficient, such
as the range of Defy kitchen products which have been designed to require less
energy and yet produce the same results, such as my own freezer which uses ¼ of
the energy that a standard freezer uses.
Adaption is a second response to tackling the effects of climate change, it is defined
as “adjustments in ecological, social or economic systems in response to actual or
expected climatic stimuli and their effects or impacts. It refers to changes in
processes, practices and structures to moderate potential damages or benefit from
opportunities associated with climate change”4
Therefore, adaption requires changes to be made in social and economic systems
which will result in lessening the impacts of climate change. Changes can also be
made in the ecology of an area. It is evident, even in the past year that changes
have occurred in areas where for example a dessert was suddenly subjected to
flooding, such as the Saudi Arabia floods in April of 2021. The catching of the
water in this flood would be an example of adaption.
The UNFCCC signifies that adaption produces the following mechanisms. Firstly, it
produces observation, secondly, it ensures that assessments are conducted on
vulnerability (such a vulnerable area which can be assessed) and impact, such as
the impact of warmer temperatures in Kenya this year which gave rise to a huge
insurgence of locusts. Adaption also ensures that planning is conducted, that the
implementation of the plan is ensured and that the implemented plan is monitored
and assessed.
4
UNFCCC http:// unfccc.int/focus/adaptation/items/6999.php accessed 2017-04-01
3
Climate resilient development is an important topic to consider, the premise is that
developing countries, have a burden to develop and enhance their economies
whilst still ensuring that they are developing within the specifications of the
Convention. It is thus important for developing countries to implement climate
friendly measures whilst still developing their countries.
1.2
In considering the nature and implications of the case Earthlife Africa Johannesburg
v Minister of Environmental Affairs and others5 the facts of the case need to be
mentioned.
The High Court had to determine whether, under the National Environmental
Management Act6, the relevant considerations for the environmental review plans
of a 1200 MW Coal Powerplant (named Thabametsi) would include the proposed
projects impact on climate change. The proposed projects would operate until 2060
and thus have a long lasting effect on the climate. The Court considered that the Act
does not expressly contemplate climate change, however it held that climate change
considerations are relevant. Thus the fact that the impact of climate change was not
considered by the Minister of Environmental Affairs, the projects approval was in
fact unlawful. Earthlife argued that the Minister has a duty to consider climate
change implications and must honour the international agreements to which South
Africa is party. This includes the Paris Climate Agreement. The Court held that the
approval was unlawful and that climate change and the impacts on the environment
must be considered and that the Minister has a duty to always consider such
implications. The review of the project by the Minister effectively ignored climate
change and as such the approval was invalid.
It is important to note that this case changed the manner in which South Africa
approaches climate change matters, whereas before the impact on climate change
was not considered, this case opened the door for additional considerations to be
5
Earthlife Africa Johannesburg v Minister of Environmental Affairs and others 2017 in the High Court
of South Africa, Gauteng Division, Pretoria
6
The National Environmental Management Act 107 of 1998
4
carried out in any applications for projects which will affect the environment for years
to come.
In the judgement Murphy J, stated that “Section 24 recognises the interrelationship
between the environment and development. Environmental considerations are
balanced with socio-economic considerations through the ideal of sustainable
development. This is apparent from section 24(b)(iii) which provides that the
environment will be protected by securing ecologically sustainable development and
use of natural resources while promoting justifiable economic and social
development7”
He then went on to state a very important message which can be considered the
true implications and impact of the judgement on society “Sustainable development
is at the same time integrally linked with the principle of intergenerational
justice requiring the state to take reasonable measures protect the environment “for
the benefit of present and future generations” and hence adequate consideration of
climate change. Short-term needs must be evaluated and weighed against longterm consequences” (my emphasis added in bold)
This is the crux of the matter, and one which the judge has rightly considered, the
future generations must be considered in decisions about development. Thus new
technologies must be considered for power production and the impact on long term
effects of projects on climate change cannot be ignored. It was scolding from the
judge to the minister to have to remind the minister that she failed in her duties not
only within the Republic but also in her duties as the Minister of Environmental
Affairs, in the International sphere.
The case essentially made the seriousness of climate change a reality for South
Africa and South African companies. It is a foundation of great importance because
it emphasised the need for proper considerations to be made prior to implementing
projects which are fossil fuel based projects and pushed both the government
7
Fuel Retailers Association of Southern Africa v Director-General: Environmental Management,
Department of Agriculture, Conservation and Environment, Mpumalanga Province, and Others
2007 (6) SA 4 (CC).
5
ministers and companies to acknowledge that we as a country have responsibilities
towards the environment, climate change, international commitments and future
generations.
QUESTION 2
2.1
Chapter 3 of the Constitution8 determines the relationship between the organs of
State. There are three spheres of government which, although independent of one
another, must operate together to ensure the effective functioning of the
Government. The three spheres of Government are; the National sphere, The
Provincial sphere and the Local sphere. The Organs of State are the Legislature,
the Executive and the Judiciary. All parts of the government are separate and
independent but they act together.
Cooperative government requires the three spheres of government to function
as a whole, although the spheres are seen as distinctive and interdependent, they
are interrelated.
All of the spheres of government including the organs of the state are bound by the
principles of cooperative government and intergovernmental relations. This means
that they have to act in unison and aim to achieve the same goals.
In Chapter 10 of the Constitution it is reiterated that the values of the Constitution
must be upheld and that all organs of state, administrations of spheres of
government and public enterprise must act in accordance with the democratic
values which are enshrined in the Constitution.
Kotze9 draws a distinction between ‘‘government’’ and ‘‘governance’’ due to the fact
that a government relates to a structure whereas governance relates to a process.
8
9
The Constitution of South Africa, 1996
Paterson & Kotze´ (eds) 2009: 106
6
The National Environmental Management Act10 (NEMA) gives effect to the
principles of cooperative governance. This is reiterated in the purpose of NEMA
which is to provide for;

“cooperative environmental governance by establishing principles for
decision-making on matters affecting the environment

institutions that will promote cooperative governance

procedures for coordinating environmental functions exercised by organs of
state”11
Those who drafted the NEMA Act foresaw that there could be instances where there
would be ineffective cooperation or where cooperation may not exist, thus there
could be an undermining of the principles and requirements of the Act. Thus they
included the following principles which ensures that there is always a consideration
by all spheres to take into account the princip0les of the Act.
“Principle (l) provides that there must be intergovernmental coordination and
harmonisation of policies, legislation and actions relating to the environment.
Principle (m), in turn, provides that actual and potential conflicts of interest between
organs of state be resolved through conflict resolution procedures”
Chapter 3 of the NEMA provides for the procedures for cooperative environmental
governance. It guarantees that there is cooperative governance by ensuring that
firstly environmental implementation plans are drafted by all National Departments
listed in Schedule 1 together with every province, the environmental implementation
plans are required by the Act and thus these plans ensure cooperative governance
between the National and Provincial spheres. The list of Departments in Schedule
1 are;
10
11
National Environmental Management Act 107 of 1998
Study Guide LCP4805 page 139
7

Environmental Affairs,

Rural Development and Land Reform,

Agriculture,

Forestry and Fisheries,

Human Settlements,

Trade and Industry,

Water Affairs,

Transport,

Tourism,

Defence,

Public Works,

Public Enterprises
To ensure further cooperation between the spheres of government Chapter 3 also
requires that an environmental management plan is drafted by all National
Departments listed in schedule 2, these Departments are expressly required to
submit the environmental management plan because they have a direct impact on
the environment. They are Environmental Affairs, Water Affairs, Mineral Resources,
Energy, Rural Development and Land Reform, Health, and Labour.
The plans as mentioned (above) must be consistent with one another, thus one
department cannot choose to go against another, thus harmony between the plans
exists. The purpose of the plans in brief are to coordinate policies and procedures
and plans, to ensure harmony between them, to give effect to the principle of
cooperative governance, to ensure the protection of the environment, to prevent
unreasonable actions which could be detrimental to the environment and to allow
8
the Minister to ensure that the plans are implemented and the environment is
protected.
Together with these plans the Minister must supply an Environmental Outlook
Report and do so every four years, this report must be in line with the provisions of
Section 16 A of the Act.
Three examples of where cooperative governance, or cooperation between the
spheres of government in relation to NEMA are addressed hereunder. In Chapter 5
of the Act a comprehensive framework is pronounced as the integrated
environmental management.
The First example of the cooperation is found in Section 24(4)(a))(i) of the Act,
which stipulates that “in every application for an environmental authorisation, there
must be coordination and cooperation between organs of state in the consideration
of assessments, where an activity falls under the jurisdiction of more than one organ
of state”
An example of this could be where a coal fired power plant is to be built which will
provide power to both Gauteng and Mpumalanga, both provinces and the National
Department of Energy for example would need to work together to ensure
cooperation and adherence to NEMA.
A second example is found in Section 24(4)(b) of the Act, which stipulates “that
every application for an environmental authorisation must include, where applicable,
an investigation and assessment of the impact of any proposed listed or specified
activity on certain national estates in terms of the National Heritage Resources Act
25 of 1999.”
An example of this would be the recent suggestion that a mine be erected in the
Kruger National Park, honestly I don’t know if it’s just a rumour, however there would
be serious implications because it is a National gem which should never be touched.
9
The final example would be from Section 24K of the Act which “provides for
consultation between competent authorities where authorisation is required in terms
of NEMA and in terms of other legislation in order to coordinate the respective
requirements of such legislation and to avoid duplication.”
An example of this application would be if a Smart city was to be built and the city
required internet connections which would be detrimental to birds, maybe the city
would have large power lines and towers which could affect the bird life in that area.
2.2
Environmental Impact Assessments are required because they ensure that proper
consideration for the environment is made prior to a project going ahead without
considering the environmental implications thereof. EIA’s are required for proposed
activities which are likely to have serious and significant consequences to the
environment.
The Environmental Impact Assessment Regulations 2014 defines EIA’s as
‘‘Environmental impact assessment, means a systematic process of identifying,
assessing and reporting environmental impacts associated with an activity and
includes basic assessment and S&EIR’’.
Therefore, whenever there is a likely possibility that the environment will be
impacted by an action made either by the public or the State or a company which
will negatively impact the environment, an EIA is required.
QUESTION 3
The Constitution, whilst it is very comprehensive, needs to have legislation which
provides additional support to the rights found therein. Put differently this means
that the skeleton of the constitution can be added to by other legislation which then
provides the muscles and the tendons and the skin, for example, the right still
remains intact but now the right moves as a body, it is not simply a skeleton but a
functional part of the Legislature. Therefore, it is necessary for legislation to be
10
added to the Constitution to ensure that the right is given a manner in which to be
adhered to in society.
Section 24 of the Constitution states;
“Everyone has the right –
(a) To an environment that is not harmful to their health or well-being; and
(b) To have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that –
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development.”
It is clear from the Section that Environmental law and NEMA fall within the ambit of
the right but it’s not only that NEMA gives effect these rights by providing the manner
in which these rights can be carried out. NEMA enables the rights.
Framework legislation creates rules that structure legislation, they are laws which
establish procedures and rules which shape other legislation and promote additional
legislation to be enacted in future.
Du Plessis and Nel12 describe Framework legislation “aims to define overarching
and generic principles in terms of which sectoral-specific legislation is embedded,
as well as to enhance co-operative environmental governance amongst fragmented
line ministries. It furthermore provides general basic norms that may be used to
introduce new environmental legislation or to amend or maintain existing legislation”
In their journal they also state “The current trend is to introduce environmental
framework legislation in order to ensure ‘an integrated, ecosystem-orientated legal
regime that permits a holistic view of the ecosystem, of the inter-relationships and
inter-actions within it, and of the linkages in environmental stresses.’”
12
AN EVALUATION OF NEMA' BASED O N A GENERIC FRAMEWORK FOR ENVIRONMENTAL
FRAMEWORK LEGISLATION Johan N ef and Willemien du Plessis
11
They continue that Countries around the World have inherited a fragmented legal
system though colonialism and that it is not then easy for the Legislature to combine
the all laws.
On page 3 of the article13 they state
“Environmental framework legislation is characterised by: (a) generic legal
elements, (b) a flexible approach to address changing circumstances, (c) dedicated
sectoral-specific legislation as well, as (d) the inclusion of broad based
environmental policy and principles. Environmental framework legislation generally
also endeavours to ensure: (a) popular broad-based participation during its
formulation phase, (b) co-operative governance between all spheres and sectors of
government, (c) use of innovative integration of multiple environmental
management tools and instruments in order to (d) benefit the environment.”
In Glazewski, J Environmental Law in South Africa (2005) Chapter 3 page 67,
Glazweski J, states that “The inclusion of the environmental clause in the Bill of
Rights … lays the Foundation for the development of environmental law
jurisprudence” here once again we see a reference to the foundational aspect of
NEMA, the right is the skeleton, however the Act (NEMA) and all cases which have
been heard as a result have formed Environmental law into its own standalone part
of the legal system.
Du Plessis and Nel begin by describing the generic elements of legislation such as
the preamble of an Act and the definitions of an Act. They then go into describing
the flexible approach to addressing changing circumstances, in terms of NEMA and
the Constitution this means that the framework of the Constitution for NEMA to then
be enacted, is such that the Act came into effect due to the right, however the right
was given additional protection and a process by with to carry out the right, through
the Act.
13
AN EVALUATION OF NEMA' BASED O N A GENERIC FRAMEWORK FOR ENVIRONMENTAL
FRAMEWORK LEGISLATION Johan N ef and Willemien du Plessis
12
The dedication of sectoral specific arrangements means that the Act has given a
dedicated space to Environmental Law, where before the Act had not come into
operation and the right was only supported through common law and the
constitution, now the framework with how to approach the right/s contained in
Section 24 is given affect.
Broad based environmental policies and principles are important, such as the need
for environmental plans and reports have also given greater effect to the right. Legal
Framework Legislation is legislation which creates the manner in which the right can
be given effect. In the BP case14 it was stated that “Measures adopted by the State
must be capable of facilitating the realisation of the right. However, the precise
contours and content of the measures to be adopted are primarily a matter for the
Legislature and the Executive. … where court orders would have multiple social and
economic consequences for the community” the court then further went on to state
that NEMA creates “the basic legal framework for the environmental rights
guaranteed in s 24”.
From these two quotes above and the textbook of Du Plessis and Nel, it is evident
that due to the fact the Environmental Law is so broad and expansive, including
many, if not all aspects of life and society and the world, framework legislation is
required to administer it. Thus, without NEMA providing the framework, which gives
effect to the right, the right may be continuously negated.
The Preamble of NEMA states that the Act provides “a framework for integrating
good environmental management into all development activities’’.
Other legislation can and probably will be added to the discipline of Environmental
law, it is fortunate though that the legislature sought to ensure that a framework for
the discipline is in place and operational.
Du Plessis and Nel make it clear that “The purpose of NEMA is 'to establish cooperative environmental governance by establishing principles for decision-making
14
BP Southern Africa (Pty) lTd v MEG for Agriculture, Conservation and Land Affairs 2004 (5) SA 46 (cc)
13
on matters affecting the environment, institutions that will promote co-operative
governance and procedures for co-ordinating environmental functions exercised by
organs of state.’69 Co-operative governance is inter alia achieved by^ the
establishment of a National Environmental Forum and a Committee for
Environmental Co-ordination”
The above mentioned quote shows once again that the purpose of the Act, gives
effect to the right however additional measures are also required, this means it is
within the framework of NEMA that all other bodies can operate.
QUESTION 4
4.1
The contemporary international norm which forms the basis of environmental law
internationally is generally considered to be the notion of sustainable development.
In response to global concerns the United Nations National Assembly convened in
1983 and described sustainable development as
“development that meets the needs of the present without compromising the ability
of future generations to meet their own needs. It contains within it two key concepts:
the concept of “needs” in particular the essential needs of the world’s poor, to which
overriding priority should be given and the idea of limitations imposed by the state
of technology and social organisation on the environments ability to meet present
and future needs”15
Sustainable Development is an organising principle which aims to meet both the
development of people (societies) but also provides for initiatives and actions which
ensure that the environment is able to be sustained and thrive.
15
World Commission on Environmental and Development Our Common Future (the Brundtland Report)
1987 at 43
14
In the article by Tladi as presented in this exam, it is true that the rich get richer and
the poor get poorer, not only as countries and societies but people within those
countries.
According to the Brundtland Report of 1987, Part 1 common concerns, section 2 (I)
48 states;
“The concept of sustainable development provides a framework for the integration
of environment policies and development strategies - the term 'development' being
used here in its broadest sense. The word is often taken to refer to the processes
of economic and social change in the Third World. But the integration of environment
and development is required in all countries, rich and poor. The pursuit of
sustainable development requires changes in the domestic and international
policies of every nation.”
Here it is clear that the concept of “sustainable development” means that the
uplifting of people together with the integration of environment protection is crucial
to the concept.
Over the years there have been many initiatives by the UNDP (United Nations
Development Program) which all aim to keep the goals for sustainable development
on track. The SDG’s or Sustainable Development Goals are all aimed at the
development of Nations whilst always bearing in mind the consequences of any
impacts which may be felt by the environment. Thus sustainable development does
not seek to develop only part of the world but all nations and all peoples.
Section 24 of the Constitution states;
“Everyone has the right –
(a) To an environment that is not harmful to their health or well-being; and
(b) To have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that –
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
15
(iii) secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development.”
I will focus on Section 24 (b) (iii) – as this falls in line with what Tladi has observed.
The need for job creation and development for people in South Africa is great, one
only needs to look at the current unemployment rates and the high poverty levels.
Thus, the promotion of justifiable economic and social development is just as
important as the protection of the environment. This is why the concept of
sustainable development is one which includes both the environment and people.
It is true, even in the last year and a half during the pandemic, that so called “thirdworld” countries have suffered more than those which are developed. The need for
development of the countries themselves, the people who live within them,
especially the poor is greater than ever. However, if ongoing development of
countries which are already at the peak of development means that the environment
of the third world countries is even more depleted then sustainable development will
not be reached.
Agenda 21 and the Johannesburg Plan both assert that there needs to be a genuine
involvement of the people living within societies to actually participate in sustainable
development initiatives. This means that growth must involve inclusion, this
inclusion must be of an International nature also, not just a National inclusion.
2.2
The contemporary international norm which forms the basis of environmental law
internationally is generally considered to be the notion of sustainable development.
In response to global concerns the United Nations National Assembly convened in
1983 and described sustainable development as
“development that meets the needs of the present without compromising the ability
of future generations to meet their own needs. It contains within it two key concepts:
the concept of “needs” in particular the essential needs of the world’s poor, to which
overriding priority should be given and the idea of limitations imposed by the state
16
of technology and social organisation on the environments ability to meet present
and future needs”16
In the Brundtland report the following is stated;
“In most countries, environmental policies are directed at the symptoms of harmful
growth; these policies have brought progress and rewards and must be continued
and strengthened. But that will not be enough. What is required is a new approach
in which all nations aim at a type of development that integrates production with
resource conservation and enhancement, and that links both to the provision for all
of an adequate livelihood base and equitable access to resources.”17 (I have
underlined)
I start with this statement in the report because this is precisely what South Africa
has aimed to achieve through the adoption of the Constitution and also the adoption
of NEMA.
There have been other Acts which have developed as a result of South Africa’s
commitment to the environment which are;
I.
II.
III.
IV.
V.
VI.
VII.
Hazardous Substances Act No. 15 of 1989.
Mineral and Petroleum Resources Development Act No. 28 of 2002
(MPRDA).
National Environmental Management: Air Quality Act No. 39 of 2004
(NEM:AQA).
National Environmental Management: Biodiversity Act No. 10 of 2004
(NEM:BA).
National Environmental Management: Protected Areas Act No. 57 of 2003
(NEM:PAA).
National Environmental Management: Waste Act No. 59 of 2008 (NEM:WA).
National Water Act No. 36 of 1998 (NWA).
16
World Commission on Environmental and Development Our Common Future (the Brundtland Report)
1987 at 43
17
World Commission on Environmental and Development Our Common Future (the Brundtland Report)
1987 at 47
17
From the above mentioned Acts we can see that South Africa has enacted much
Legislation for the protection of the environment, however this is only one part of the
sustainable development. The second part is that people must be uplifted too.
South Africa has adopted the National Framework for Sustainable Development
which aims to achieve the SDG’s which South Africa has committed to. The National
Framework aims to ensure a common understanding and vision of sustainable
development.
It describes sustainable development within the context of South Africa and list key
medium and long term economic, social, and environmental and governance trends
that influence sustainable development.
The National Framework and defines 5 priority areas for strategic intervention and
has already begun to implement legislation which will ensure that such objectives
are met.
It was through the Brudtland report and the Constitution that these objectives could
be identified and that Legislation would be enacted to ensure that South Africa does
in fact reach for sustainable development. If it were not for the Constitution, it may
be that these developments would have never happened or would have taken much
longer to happen.
The call to action is for all nations to rise to the challenge of sustainable development
and ensure that they set key objectives and strategically plan to execute their goals
to produce a better environment and life for all.
Economic growth brings risks to damage of the environment an increases pressure
on natural resources, and that is why South Africa had to ensure that all Legislation
which was enacted since the Brudtland report did in fact meet the need to preserve
the environment. Environmental protection is at the heart of sustainable
development and so is the development of people.
If the Constitution only focused on the individual rights of peoples and did not in fact
take future generations into account, as well as the environment into account then
there would not have been place for legislation to be developed with the aim of
meeting sustainable development goals.
18
Glazewski’s “emerging environmental law norms and concepts” 18 gives a perfect
description of Sustainable development on page 15 in which he writes “The notion
of sustainable development underpins these environmental management principles
which are elaborated on in NEMA”
The Constitution thus recognised the right of each human to live in a decent
environment and intergenerational equity, from this the Acts which have been
written into the legal system have ensured that the needs in the sustainable
development goals are met.
18
Glazewski, J Environmental Law in South Africa (2005) (Chapter1, 12-19)
19
GLOSSARY
BOOKS AND TEXTBOOKS
Environmental Law LCP4805 Study Guide LCP4805/1/2018-2022
Paterson & Kotze´ (eds) 2009: 106
ARTICLES AND JOURNALS
AN EVALUATION OF NEMA' BASED O N A GENERIC FRAMEWORK FOR
ENVIRONMENTAL FRAMEWORK LEGISLATION Johan N ef and Willemien du
Plessis
LEGISLATION AND ACTS
The Constitution of South Africa, 1996
National Environmental Management Act 107 of 1998
CASE LAW
Earthlife Africa Johannesburg v Minister of Environmental Affairs and others 2017
in the High Court of South Africa, Gauteng Division, Pretoria
Fuel Retailers Association of Southern Africa v Director-General: Environmental
Management, Department of Agriculture, Conservation and Environment,
Mpumalanga Province, and Others 2007 (6) SA 4 (CC).
BP Southern Africa (Pty) lTd v MEG for Agriculture, Conservation and Land Affairs
2004 (5) SA 46 (CC)
INTERNATIONAL TEXTS
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE,
UNITED NATIONS 1992, FCCC/INFORMAL/84 GE.05-62220 (E) 200705
World Commission on Environmental and Development Our Common Future (the
Brundtland Report) 1987
WEBSITES
https:// www.ipcc.ch/organization/organization.shtml accessed 2017-04-02
UNFCCC http:// unfccc.int/focus/adaptation/items/6999.php accessed 2017-04-01
20