Environmental Law in South Africa

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

South African environmental law is built on a constitutional foundation, with section 24 of the Constitution guaranteeing the right to an environment that is not harmful to health or well-being, and to have the environment protected through reasonable legislative and other measures. The National Environmental Management Act 107 of 1998 (NEMA) provides the overarching legislative framework, supported by sector-specific legislation addressing biodiversity, air quality, water, and waste management.

Constitutional Environmental Right

Section 24 of the Constitution is a unique provision that combines a guaranteed right with a directive principle. It provides that everyone has the right to an environment that is not harmful to their health or well-being, and the right to have the environment protected through legislative measures that prevent pollution, promote conservation, secure sustainable development, and use natural resources while promoting justifiable economic and social development. This right is justiciable and has been enforced by the courts.

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Environmental Law in South Africa

Introduction

Constitutional Environmental Right