PUB2606
Portfolio
Semester 2 2025
Due 31 October 2025
,PUB2606
PORTFOLIO
Semester 2 2025
DUE 31 October 2025
Environmental Affairs
1. Introduction
Environmental governance has become one of the defining challenges of modern public
administration. Governments across the world face increasing pressure to protect
natural resources while promoting economic growth and social equity. In South Africa,
this balancing act is guided by a sophisticated legal and policy framework, most notably
the Constitution of the Republic of South Africa (1996) and the National
Environmental Management Act (NEMA) 107 of 1998, both of which establish
environmental protection as a constitutional right and a public duty.
Despite this strong legal foundation, implementation remains uneven. Environmental
degradation continues to undermine human health, biodiversity, and economic stability.
The gap between policy and practice often results from weak enforcement, institutional
fragmentation, and competing development priorities. This makes it essential to
examine how executive institutions carry out their enforcement functions and how
international and local systems interact to strengthen accountability.
This portfolio explores key dimensions of environmental affairs within both national and
global contexts. It evaluates how executive institutions enforce environmental laws,
identifies barriers to effective international environmental management, and analyses
developmental frameworks such as the Reconstruction and Development Programme
(RDP) within South Africa’s environmental agenda. It also investigates contemporary
environmental concerns, the roles of international organisations and non-governmental
,organisations (NGOs), and the historical shifts that have shaped the relationship
between people and the natural world.
The analysis draws on relevant theories, including institutional theory, which explains
how organisational structures and norms shape enforcement, and systems theory,
which emphasises the interconnectedness of environmental and administrative
systems. These theoretical perspectives provide a foundation for understanding why
environmental governance succeeds in some contexts but falters in others.
Ultimately, this study aims to move beyond description and critically examine the
tensions between policy ambition and implementation reality. It situates environmental
management within a framework of accountability, collaboration, and adaptive
governance—principles essential for building a sustainable future in South Africa and
beyond.
2. Enforcement Functions of Executive Institutions
2.1 Understanding Environmental Enforcement
Environmental enforcement is the process through which public authorities ensure
compliance with environmental laws and standards. It transforms legal commitments
into real-world outcomes by holding individuals, industries, and even state entities
accountable for environmental harm. Without active enforcement, legislation remains
symbolic, failing to influence behaviour or prevent degradation (Sands et al., 2018).
In South Africa, enforcement responsibilities fall mainly under the Department of
Forestry, Fisheries and the Environment (DFFE), provincial environmental
departments, and local municipalities. These bodies work through Environmental
Management Inspectors (EMIs), commonly known as the “Green Scorpions.” Their role
is to detect, prevent, and respond to environmental violations through inspections,
investigations, and sanctions.
, 2.2 Methods of Enforcement
a. Administrative Enforcement
Administrative enforcement relies on corrective and preventive measures taken by
public authorities without court intervention. Under NEMA, officials may issue
compliance notices, directives, or fines to entities violating environmental conditions.
For instance, a company found discharging untreated waste into a river may receive a
directive compelling immediate remediation. These measures are cost-effective and
allow authorities to act swiftly. However, their success depends on institutional capacity
and follow-through (Kotzé & Paterson, 2019).
b. Criminal Enforcement
When environmental offenses constitute crimes, the state may pursue criminal
prosecution. Crimes such as illegal dumping, poaching, and unauthorized mining are
prosecuted under environmental statutes and criminal law. The National Prosecuting
Authority (NPA) works closely with EMIs to ensure offenders are held accountable. A
notable example is State v Blue Platinum Ventures (2016), where the company faced
penalties for illegal mining activities that caused environmental damage. Criminal
prosecution not only punishes wrongdoing but also reinforces the principle that
environmental crimes are crimes against society.
c. Civil Enforcement
Civil enforcement allows individuals, organisations, and communities to take legal action
against environmental harm. Sections 38 of the Constitution and 32 of NEMA
empower citizens to seek remedies when their environmental rights are infringed. This
mechanism promotes public participation and accountability. The landmark case of Fuel
Retailers Association of Southern Africa v Director-General: Environmental
Management (2007) reaffirmed the duty of the state to consider sustainable
development principles in all decisions, ensuring that environmental protection remains
integral to development planning.
Portfolio
Semester 2 2025
Due 31 October 2025
,PUB2606
PORTFOLIO
Semester 2 2025
DUE 31 October 2025
Environmental Affairs
1. Introduction
Environmental governance has become one of the defining challenges of modern public
administration. Governments across the world face increasing pressure to protect
natural resources while promoting economic growth and social equity. In South Africa,
this balancing act is guided by a sophisticated legal and policy framework, most notably
the Constitution of the Republic of South Africa (1996) and the National
Environmental Management Act (NEMA) 107 of 1998, both of which establish
environmental protection as a constitutional right and a public duty.
Despite this strong legal foundation, implementation remains uneven. Environmental
degradation continues to undermine human health, biodiversity, and economic stability.
The gap between policy and practice often results from weak enforcement, institutional
fragmentation, and competing development priorities. This makes it essential to
examine how executive institutions carry out their enforcement functions and how
international and local systems interact to strengthen accountability.
This portfolio explores key dimensions of environmental affairs within both national and
global contexts. It evaluates how executive institutions enforce environmental laws,
identifies barriers to effective international environmental management, and analyses
developmental frameworks such as the Reconstruction and Development Programme
(RDP) within South Africa’s environmental agenda. It also investigates contemporary
environmental concerns, the roles of international organisations and non-governmental
,organisations (NGOs), and the historical shifts that have shaped the relationship
between people and the natural world.
The analysis draws on relevant theories, including institutional theory, which explains
how organisational structures and norms shape enforcement, and systems theory,
which emphasises the interconnectedness of environmental and administrative
systems. These theoretical perspectives provide a foundation for understanding why
environmental governance succeeds in some contexts but falters in others.
Ultimately, this study aims to move beyond description and critically examine the
tensions between policy ambition and implementation reality. It situates environmental
management within a framework of accountability, collaboration, and adaptive
governance—principles essential for building a sustainable future in South Africa and
beyond.
2. Enforcement Functions of Executive Institutions
2.1 Understanding Environmental Enforcement
Environmental enforcement is the process through which public authorities ensure
compliance with environmental laws and standards. It transforms legal commitments
into real-world outcomes by holding individuals, industries, and even state entities
accountable for environmental harm. Without active enforcement, legislation remains
symbolic, failing to influence behaviour or prevent degradation (Sands et al., 2018).
In South Africa, enforcement responsibilities fall mainly under the Department of
Forestry, Fisheries and the Environment (DFFE), provincial environmental
departments, and local municipalities. These bodies work through Environmental
Management Inspectors (EMIs), commonly known as the “Green Scorpions.” Their role
is to detect, prevent, and respond to environmental violations through inspections,
investigations, and sanctions.
, 2.2 Methods of Enforcement
a. Administrative Enforcement
Administrative enforcement relies on corrective and preventive measures taken by
public authorities without court intervention. Under NEMA, officials may issue
compliance notices, directives, or fines to entities violating environmental conditions.
For instance, a company found discharging untreated waste into a river may receive a
directive compelling immediate remediation. These measures are cost-effective and
allow authorities to act swiftly. However, their success depends on institutional capacity
and follow-through (Kotzé & Paterson, 2019).
b. Criminal Enforcement
When environmental offenses constitute crimes, the state may pursue criminal
prosecution. Crimes such as illegal dumping, poaching, and unauthorized mining are
prosecuted under environmental statutes and criminal law. The National Prosecuting
Authority (NPA) works closely with EMIs to ensure offenders are held accountable. A
notable example is State v Blue Platinum Ventures (2016), where the company faced
penalties for illegal mining activities that caused environmental damage. Criminal
prosecution not only punishes wrongdoing but also reinforces the principle that
environmental crimes are crimes against society.
c. Civil Enforcement
Civil enforcement allows individuals, organisations, and communities to take legal action
against environmental harm. Sections 38 of the Constitution and 32 of NEMA
empower citizens to seek remedies when their environmental rights are infringed. This
mechanism promotes public participation and accountability. The landmark case of Fuel
Retailers Association of Southern Africa v Director-General: Environmental
Management (2007) reaffirmed the duty of the state to consider sustainable
development principles in all decisions, ensuring that environmental protection remains
integral to development planning.
