LCP4805 Assignment
1 (COMPLETE
ANSWERS) Semester
1 2025 - DUE 27
March 2025
[Pick the date]
,Environmental Sector-Specific Legislation Addressing Climate Change in South Africa
South Africa has developed a robust legal framework to address climate change issues, aligning
with its constitutional obligation under Section 24(b) to protect the environment for present and
future generations. The country's environmental legislation aims to prevent pollution, promote
conservation, and ensure sustainable development while balancing economic and social interests.
Below are key pieces of legislation that directly or indirectly address climate change:
1. The Constitution of the Republic of South Africa, 1996
Section 24(b) provides for the protection of the environment through reasonable
legislative measures that prevent pollution and ecological degradation, promote
conservation, and ensure sustainable development.
This constitutional provision is the foundation for all environmental laws in South Africa.
. List environmental sector-specific legislation that addresses (directly or
indirectly) climate change issues in South Africa. Section 24(b) of the
constitution provides as follows: “Everyone has the right to have the
environment protected, for the benefit of present and future generations,
through reasonable legislative measures that – (i) prevent pollution and
ecological degradation; (ii) promote conservation; and (iii) secure
ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development.” Explain what is
, meant by “an environment not harmful to one’s health or well-being” and
whether the courts have contributed meaning to this phrase.
In Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources
and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA
796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021) the litigants relied
on, inter alia, their Indigenous rights and knowledge to oppose Shell’s
employing of a 3D seismic survey in the country’s south-eastern coastal
waters. In this context, answer the following question. Did Shell petroleum
fulfil the requirements of the public participation/consultation process?
Motivate your answer in full by referring to: • applicable environmental
legislation generally and specifically within the EIA process and • specific
paragraphs in the judgment. (15) The notion of a just energy transition
speaks to the need to gradually move away from fossil fuels concerning
energy production towards more sustainable sources of energy – such as
solar and wind energy. What existential threat informs the need for a just
energy transition? What has been identified as drivers for the said threat as
well as its impacts and indicators (list three indicators)
Environmental Legislation Addressing Climate Change in South Africa & the
Interpretation of "An Environment Not Harmful to One’s Health or Well-being"
1. Environmental Legislation Addressing Climate Change in
South Africa
South Africa has enacted several environmental laws that either directly or indirectly address
climate change. These laws are aligned with Section 24(b) of the Constitution, which mandates
the protection of the environment through reasonable legislative measures. Below are key sector-
specific laws:
1.1. The National Environmental Management Act (NEMA), 1998 (Act No. 107
of 1998)
Relevance to Climate Change:
NEMA serves as the umbrella framework for environmental governance in South Africa.
It emphasizes sustainable development, pollution control, and environmental protection.
Requires Environmental Impact Assessments (EIAs) before activities that could harm the
environment are undertaken.
Climate change considerations have increasingly been incorporated into EIAs.
1 (COMPLETE
ANSWERS) Semester
1 2025 - DUE 27
March 2025
[Pick the date]
,Environmental Sector-Specific Legislation Addressing Climate Change in South Africa
South Africa has developed a robust legal framework to address climate change issues, aligning
with its constitutional obligation under Section 24(b) to protect the environment for present and
future generations. The country's environmental legislation aims to prevent pollution, promote
conservation, and ensure sustainable development while balancing economic and social interests.
Below are key pieces of legislation that directly or indirectly address climate change:
1. The Constitution of the Republic of South Africa, 1996
Section 24(b) provides for the protection of the environment through reasonable
legislative measures that prevent pollution and ecological degradation, promote
conservation, and ensure sustainable development.
This constitutional provision is the foundation for all environmental laws in South Africa.
. List environmental sector-specific legislation that addresses (directly or
indirectly) climate change issues in South Africa. Section 24(b) of the
constitution provides as follows: “Everyone has the right to have the
environment protected, for the benefit of present and future generations,
through reasonable legislative measures that – (i) prevent pollution and
ecological degradation; (ii) promote conservation; and (iii) secure
ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development.” Explain what is
, meant by “an environment not harmful to one’s health or well-being” and
whether the courts have contributed meaning to this phrase.
In Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources
and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA
796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021) the litigants relied
on, inter alia, their Indigenous rights and knowledge to oppose Shell’s
employing of a 3D seismic survey in the country’s south-eastern coastal
waters. In this context, answer the following question. Did Shell petroleum
fulfil the requirements of the public participation/consultation process?
Motivate your answer in full by referring to: • applicable environmental
legislation generally and specifically within the EIA process and • specific
paragraphs in the judgment. (15) The notion of a just energy transition
speaks to the need to gradually move away from fossil fuels concerning
energy production towards more sustainable sources of energy – such as
solar and wind energy. What existential threat informs the need for a just
energy transition? What has been identified as drivers for the said threat as
well as its impacts and indicators (list three indicators)
Environmental Legislation Addressing Climate Change in South Africa & the
Interpretation of "An Environment Not Harmful to One’s Health or Well-being"
1. Environmental Legislation Addressing Climate Change in
South Africa
South Africa has enacted several environmental laws that either directly or indirectly address
climate change. These laws are aligned with Section 24(b) of the Constitution, which mandates
the protection of the environment through reasonable legislative measures. Below are key sector-
specific laws:
1.1. The National Environmental Management Act (NEMA), 1998 (Act No. 107
of 1998)
Relevance to Climate Change:
NEMA serves as the umbrella framework for environmental governance in South Africa.
It emphasizes sustainable development, pollution control, and environmental protection.
Requires Environmental Impact Assessments (EIAs) before activities that could harm the
environment are undertaken.
Climate change considerations have increasingly been incorporated into EIAs.
