RRLLB81
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+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)
Varsity Cube 2025 +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
Varsity Cube 2025 +27 81 278 3372
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+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)
Varsity Cube 2025 +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
Varsity Cube 2025 +27 81 278 3372
