RRLLB81 Assignment 1: The Enforcement of
the Right to a Healthy Environment
(Portfolio) Semester 2 Memo | Due 31
October 2025
*Student Name: * [Your Full Name]
*Student Number: * [Your Student Number]
*Module: * RRLLB81 – Research Report
*Semester: * 2, 2025
*Supervisor: * [Mr. LC Coetzee]
*Unique Assignment Number: * RRLLB81/103/2025]
I, [Your Full Name], declare that this assignment is my own work. All sources
used or referred to have been acknowledged, and I have not plagiarised or
colluded with any other person in the preparation or presentation of this
assignment. I am aware that penalties for dishonesty may include refusal of
admission to an examination, cancellation of a pass or degree, and/or legal
action.
*Signature:* ___________________________
*Date:* _______________________________
## Table of Contents
, 1. Introduction
2. The Constitutional Foundation of the Right to a Healthy Environment
3. Mechanisms for Enforcement in South African Law
4. Key Case Law on Enforcement
5. Challenges and Recommendations
6. Conclusion
7. Bibliography
## 1. Introduction
The right to a healthy environment is a cornerstone of South Africa's post-
apartheid constitutional framework, reflecting the nation's commitment to
sustainable development, social justice, and intergenerational equity. Enshrined
in section 24 of the Constitution of the Republic of South Africa, 1996 (the
Constitution), this right guarantees that "everyone has the right—(a) to an
environment that is not harmful to their health or well-being; and (b) to have
the environment protected, for the benefit of present and future generations,
through reasonable legislative and other 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."
This provision is not merely aspirational; it imposes enforceable obligations on
the state to regulate, monitor, and remedy environmental harms. Enforcement
is critical in a country grappling with challenges such as air pollution from coal-
fired power stations, water scarcity, biodiversity loss, and industrial waste,
the Right to a Healthy Environment
(Portfolio) Semester 2 Memo | Due 31
October 2025
*Student Name: * [Your Full Name]
*Student Number: * [Your Student Number]
*Module: * RRLLB81 – Research Report
*Semester: * 2, 2025
*Supervisor: * [Mr. LC Coetzee]
*Unique Assignment Number: * RRLLB81/103/2025]
I, [Your Full Name], declare that this assignment is my own work. All sources
used or referred to have been acknowledged, and I have not plagiarised or
colluded with any other person in the preparation or presentation of this
assignment. I am aware that penalties for dishonesty may include refusal of
admission to an examination, cancellation of a pass or degree, and/or legal
action.
*Signature:* ___________________________
*Date:* _______________________________
## Table of Contents
, 1. Introduction
2. The Constitutional Foundation of the Right to a Healthy Environment
3. Mechanisms for Enforcement in South African Law
4. Key Case Law on Enforcement
5. Challenges and Recommendations
6. Conclusion
7. Bibliography
## 1. Introduction
The right to a healthy environment is a cornerstone of South Africa's post-
apartheid constitutional framework, reflecting the nation's commitment to
sustainable development, social justice, and intergenerational equity. Enshrined
in section 24 of the Constitution of the Republic of South Africa, 1996 (the
Constitution), this right guarantees that "everyone has the right—(a) to an
environment that is not harmful to their health or well-being; and (b) to have
the environment protected, for the benefit of present and future generations,
through reasonable legislative and other 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."
This provision is not merely aspirational; it imposes enforceable obligations on
the state to regulate, monitor, and remedy environmental harms. Enforcement
is critical in a country grappling with challenges such as air pollution from coal-
fired power stations, water scarcity, biodiversity loss, and industrial waste,
