South Africa’s Constitution has an environmental rights clause. This section (section 24) means that we have certain environmental rights as part of our human rights.
How these environmental rights are interpreted is detailed in laws such as the National Environmental Management Act (Act 107 of 1998). The preamble of NEMA gives some idea of our environmental rights.
Preamble.—WHEREAS many inhabitants of South Africa live in an environment that is harmful to their health and wellbeing;
- everyone has the right to an environment that is not harmful to his or her health or wellbeing;
- the State must respect, protect, promote and fulfill the social, economic and environmental rights of everyone and strive to meet the basic needs of previously disadvantaged communities;
- inequality in the distribution of wealth and resources, and the resultant poverty, are among the important causes as well as the results of environmentally harmful practices;
- sustainable development requires the integration of social, economic and environmental factors in the planning, implementation and evaluation of decisions to ensure that development serves present and future generations;
- everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that—
- prevent pollution and ecological degradation;
- promote conservation; and
- secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development;
Click here download a copy of NEMA. However, please note that parts of NEMA have been amended and contact DEAT to obtain the latest amendments.
The Green Connection can assist you in understanding NEMA, and other environmental laws and assist you in using the law to enforce your rights.
To understand how the Green Connection helps communities to understand their rights and participate in environmental processes, click here .
To find out how people can work together in partnerships to protect our environment for the future click here .
