Book Description

Environmental law is a broad and interdisciplinary branch of law within the South African legal system. The promulgation of the 1996 Constitution of the Republic of South Africa provided for the potential acceleration of the development of South African environmental law jurisprudence. The Constitution grants every person the right to an environment that is not harmful to their health or well-being; as well as the right to have the environment protected through reasonable legislative and other measures that prevent pollution, ecological degradation, promote conservation and secure ecological sustainable development and the use of natural resources while promoting justifiable economic and social development. Environmental law deals with a large number of legal problems at the domestic level (i.e. South Africa), the regional life (i.e. African Union), the sub-regional level (i.e. Southern African Development Community), as well as at an international level (i.e. United Nations). At the domestic level, environmental law draws on all the formal sources of law including legislation, common law principles, customary law, indigenous law and international environmental law. The bulk of South African environmental law and principles are regulated by legislation at national level. The most important environmental legislative measures at a national level include the 1996 South African Constitution and the National Environmental Management Act (NEMA) of 1998. Other additional environmental legislation in South Africa deal with issues such as conservation, pollution (atmospheric, land, marine, noise, water and waste management), energy and energy resources. Comment Don: Centre for Human Rights.