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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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
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.