LCP4805
Assignment 1 Semester 1 2025
Unique number:
Due Date: 27 March 2025
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
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+27 68 812 0934
,© Study Shack 2025. All rights Reserved +27 68 812 0934
, 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
© Study Shack 2025. All rights Reserved +27 68 812 0934
Assignment 1 Semester 1 2025
Unique number:
Due Date: 27 March 2025
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 68 812 0934
,© Study Shack 2025. All rights Reserved +27 68 812 0934
, 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
© Study Shack 2025. All rights Reserved +27 68 812 0934
