RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - The enforcement of the right to a healthy Environment

RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... 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 RRLLB81/103/2/2025 61 Thesis/Dissertation Frens L, ‘The Conceptualisation of Environmental Justice within the Context of the South African Constitution’ (LLD thesis, University of Stellenbosch 2000)