Assignment 1 Semester 1 2026
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Due Date: 13 April 2026
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, QUESTION 1 (2 ANSWERS PROVIDED)
Introduction
Section 24 of the Constitution of the Republic of South Africa, 1996 provides that
everyone has the right to an environment that is not harmful to their health or
wellbeing and to have the environment protected, for the benefit of present and
future generations, through reasonable legislative and other measures that prevent
pollution, promote conservation and secure ecologically sustainable development
while allowing justifiable social and economic development.1 This environmental right
reflects deeply held moral concerns about human dignity, fairness and responsibility
towards nature and future generations. The environmental legal framework gives
concrete meaning to these values by transforming them into binding duties and
enforceable standards.
Relationship between environmental law, morals and societal values
Environmental law is closely linked to morals and societal values because it is rooted
in ideas about what is right, fair and responsible in the relationship between humans
and the natural environment. Many societies value clean air, safe water, fertile land
and unspoilt landscapes, not only for economic reasons but also for health, cultural
identity, spiritual meaning and quality of life.2 These shared values influence the
recognition of environmental protection as a constitutional right in South Africa.
Moral principles such as respect for life, care for others and responsibility towards
future generations underpin section 24. The principle of intergenerational equity,
which requires present generations to use natural resources responsibly so that
future generations are not disadvantaged, is a clear moral concept that has been
incorporated into law.3 Environmental law therefore reflects society’s evolving
understanding that unchecked development and pollution are morally unacceptable
because they harm vulnerable communities and undermine long-term wellbeing.
1
Constitution of the Republic of South Africa, 1996 s 24.
2
AMA van Wyk and E Raubenheimer, Legal Aspects of Environmental Management (UNISA 2021) 1–
3.
3
Glazewski, Environmental Law in South Africa (2nd edn, LexisNexis 2005) 77.
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