LCP4805
Assignment 1 Semester 1 2025
Unique #:
Due Date: 27 March 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Environmental Sector-Specific Legislation Addressing Climate Change in
South Africa
South Africa has developed a robust legal framework to address climate change
through various sector-specific legislations. These laws either directly regulate
climate change impacts or address related environmental concerns that indirectly
influence climate change mitigation and adaptation. The following key legislations
form part of South Africa’s climate change regulatory framework:
1. The Constitution of the Republic of South Africa, 1996
The foundation of South Africa’s environmental laws is Section 24 of the
Constitution, which guarantees everyone the right to an environment that is not
harmful to their health or well-being. This provision places an obligation on the
state to take reasonable legislative and other measures to protect the
environment for present and future generations. Climate change mitigation and
adaptation fall within the broader environmental protection mandate of the
Constitution.
2. The National Environmental Management Act 107 of 1998 (NEMA)
NEMA serves as the overarching environmental framework legislation in South
Africa. It provides principles for environmental governance and sustainable
development. Section 24 of NEMA explicitly requires that development activities
consider their environmental impact. This includes pollution control,
environmental degradation, and climate change implications.
Furthermore, Section 24(O) outlines the requirement for decision-makers to
consider all environmental impacts, including climate change, when granting
environmental authorizations. This was reaffirmed in the Earthlife Africa
Johannesburg v Minister of Environmental Affairs and Others (Thabametsi case),
Varsity Cube 2024 +27 81 278 3372
Assignment 1 Semester 1 2025
Unique #:
Due Date: 27 March 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Environmental Sector-Specific Legislation Addressing Climate Change in
South Africa
South Africa has developed a robust legal framework to address climate change
through various sector-specific legislations. These laws either directly regulate
climate change impacts or address related environmental concerns that indirectly
influence climate change mitigation and adaptation. The following key legislations
form part of South Africa’s climate change regulatory framework:
1. The Constitution of the Republic of South Africa, 1996
The foundation of South Africa’s environmental laws is Section 24 of the
Constitution, which guarantees everyone the right to an environment that is not
harmful to their health or well-being. This provision places an obligation on the
state to take reasonable legislative and other measures to protect the
environment for present and future generations. Climate change mitigation and
adaptation fall within the broader environmental protection mandate of the
Constitution.
2. The National Environmental Management Act 107 of 1998 (NEMA)
NEMA serves as the overarching environmental framework legislation in South
Africa. It provides principles for environmental governance and sustainable
development. Section 24 of NEMA explicitly requires that development activities
consider their environmental impact. This includes pollution control,
environmental degradation, and climate change implications.
Furthermore, Section 24(O) outlines the requirement for decision-makers to
consider all environmental impacts, including climate change, when granting
environmental authorizations. This was reaffirmed in the Earthlife Africa
Johannesburg v Minister of Environmental Affairs and Others (Thabametsi case),
Varsity Cube 2024 +27 81 278 3372
