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RRLLB81 Assignment 3 PORTFOLIO (COMPLETE ANSWERS) Semester 2 2025 - DUE October 2025 - The enforcement of the right to a healthy Environment

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RRLLB81 Assignment 3 PORTFOLIO (COMPLETE ANSWERS) Semester 2 2025 - DUE October 2025 - The enforcement of the right to a healthy Environment; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.... The enforcement of the right to a healthy Environment An environmental right can be seen to encompass a variety of protections. It can effectively be enforced by a group of people seeking to prevent pollution. Equally, the Constitution states that everyone has a right to a healthy environment. This clearly indicates that the right is individualistic in its nature. Thus, it is clear that everyone has a right to petition a court to prevent, for example, air pollution. One wonders what should be an effective way of enforcing an environment right? Is an individual who is directly and immediately affected by air pollution in a better position to petition the court? Perhaps, a group (NGO) should assume the responsibility of ensuring that air pollution is minimised or prevented. Maybe the state (government) should play an effective role of securing a healthy environment for the benefit of the public at large. What is your opinion about the enforcement of environmental right and who should be best positioned to enforce the right. Cases Minister of Health and Welfare v Woodcarb (Pty) LTD 1996 (3) SA 155 (N) Minister of Environmental Affairs v Trustees for the time being of Groundwork Trust 2025 (4) SA 98 (SCA) Books Currie I and de Waal J, The Bill of Rights: HandBook (6th edn, Juta 2017) Kidd M, Environmental Law (2nd edn, Juta 2017) Legislation National Environmental Management Act 107 of 1998 National Environmental Management: Air Quality Act 39 of 2004 Journal Articles Kruger H, ‘The Silent Right: Environmental Rights in the Constitutional Court of South Africa’ 2019 Constitutional Court Review 473 Kidd M, ‘Deadly Air and the Misinterpretation of the Section 24 Environmental Right: The Groundwork Trust Case’ (2023) 23 PER / PELJ 1 Glazewski J, ‘The environment, Human Rights and a New South African Constitution’ (1991) 7(2) SAJHR 167

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RRLLB81
Assignment 2 Semester 2 2025
Research Report
The enforcement of the right to a healthy Environments

Due Date: September 2025
The enforcement of the right to a healthy EnvironmentBy



[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 Terms of use
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implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.

, +27 67 171 1739



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)




Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.

, +27 67 171 1739



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




Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
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