RRLLB81
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
The enforcement of the right to a healthy Environment
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
The enforcement of the right to a healthy Environment
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
, For additional support +27 81 278 3372
ABSTRACT
This research explores the enforcement of the constitutional right to a healthy
environment in South Africa. Section 24 of the Constitution guarantees this right to
everyone, reflecting both an individual and collective entitlement. The study
examines whether individuals, groups such as non-governmental organisations
(NGOs), or the state are best positioned to enforce the right. The analysis considers
the interplay between environmental justice, access to courts, and the responsibility
of government in safeguarding public health. Key cases, including Minister of Health
and Welfare v Woodcarb (Pty) Ltd and Minister of Environmental Affairs v Trustees
for the time being of Groundwork Trust, highlight judicial approaches to enforcement.
The research finds that while individuals may be directly affected by pollution,
collective enforcement through NGOs and proactive state intervention is often more
effective in addressing systemic challenges. Ultimately, enforcement requires a
collaborative model balancing individual action, group advocacy, and state
responsibility.
KEYWORDS
Environmental rights
Constitutional enforcement
Air pollution
Environmental justice
South Africa
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
The enforcement of the right to a healthy Environment
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
The enforcement of the right to a healthy Environment
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
, For additional support +27 81 278 3372
ABSTRACT
This research explores the enforcement of the constitutional right to a healthy
environment in South Africa. Section 24 of the Constitution guarantees this right to
everyone, reflecting both an individual and collective entitlement. The study
examines whether individuals, groups such as non-governmental organisations
(NGOs), or the state are best positioned to enforce the right. The analysis considers
the interplay between environmental justice, access to courts, and the responsibility
of government in safeguarding public health. Key cases, including Minister of Health
and Welfare v Woodcarb (Pty) Ltd and Minister of Environmental Affairs v Trustees
for the time being of Groundwork Trust, highlight judicial approaches to enforcement.
The research finds that while individuals may be directly affected by pollution,
collective enforcement through NGOs and proactive state intervention is often more
effective in addressing systemic challenges. Ultimately, enforcement requires a
collaborative model balancing individual action, group advocacy, and state
responsibility.
KEYWORDS
Environmental rights
Constitutional enforcement
Air pollution
Environmental justice
South Africa
