(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.

Apart from the Constitution there are a number of laws, both nationally, provincially and locally, which protect the environment like nature conservation laws, water laws, air pollution laws, etc.

In order to give greater effect to the Constitutional environmental rights the National Environmental Management Act, Act 107 of 1998, (“NEMA) was enacted during 1998, which sets out “environmental principles” whereby certain acts of both the government and private persons are to comply to be legally valid.

The Preamble of NEMA:

“WHEREAS many inhabitants of South Africa live in an environment that is harmful to their health and well-being; everyone has the right to an environment that is not harmful to his or her health or well-being; the State must respect, protect, promote and fulfil the social, economic and environmental rights of everyone and strive to meet the basic needs of previously disadvantaged communities … everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measure 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.”

The Environment in terms of NEMA:

In terms of NEMA the environment is defined as “the surroundings within which humans exist and that are made up of:

(i) the land, water and atmosphere of the earth;
(ii) micro-organisms, plant and animal life;
(iii) any part or combination of (i) and (ii) and the interrelationships among and between them; and
(iv) the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being.”

Protection of rights:

Thus, everyone has an environmental right which needs to be protected and everyone who has had such an environmental right infringed, no matter how such infringement occurred, has the right to enforce such protection against the infringing party. Whereas, on the other hand, persons who can be responsible for infringing on these Environmental Rights, require guidance on how to minimise such infringements and to comply with the appropriate legislation.

The firm of Henderson, Kuiper-Isaacson and Rooseboom Attorneys are able to provide a service to both the party whose right is being infringed and to assist others who may be embarking on environmentally infringing activities.

Should you require advice and/or assistance, kindly contact the firm of Henderson, Kuiper-Isaacson and Rooseboom Attorneys at the contact numbers as set out on the home page of this website.