RRLLB81 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
enforcement of the right to a
healthy Environment
FOR FURTHER
ASSISTANCE PLEASE
EMAIL
M
, RRLLB81 Assignment 2: The Enforcement of
the Right to a Healthy Environment
Introduction
The South African Constitution of 1996 is internationally celebrated for its strong commitment
to human rights, equality, and dignity. Among its many innovative provisions, Section 24
guarantees everyone the right to an environment that is not harmful to their health or well-being
and to have the environment protected for the benefit of present and future generations. This
constitutional environmental right represents a radical departure from the past, when
environmental protection was often subordinated to economic development and industrial
growth.
But recognition of the right is only the beginning. Its true value lies in the enforcement
mechanisms available to give it practical meaning. The question of who is best placed to enforce
environmental rights—individuals, groups such as NGOs, or the state—raises important
theoretical and practical debates. Should enforcement depend on direct individual harm, or is
the environment a collective resource demanding collective action? Can NGOs serve as
watchdogs when the state fails, or should the state bear the primary duty to secure
environmental justice?
This essay critically explores these questions. It analyses the constitutional framework, the
National Environmental Management Act (NEMA), the Air Quality Act, and key judicial
precedents such as Minister of Health and Welfare v Woodcarb (Pty) Ltd 1996 (3) SA 155 (N)
and Minister of Environmental Affairs v Trustees for the time being of Groundwork Trust 2025
(4) SA 98 (SCA). It also engages with academic commentary from Kidd, Currie and de Waal,
Kruger, and Glazewski. The discussion demonstrates that enforcement of the environmental right
requires a multi-actor approach, where individuals, NGOs, and the state all play essential roles,
albeit with different strengths and responsibilities.
Constitutional Foundations of Environmental Rights
Section 24 of the Constitution
Section 24 of the Constitution provides:
"Everyone has the right—
(a) to an environment that is not harmful to their health or well-being; and
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
enforcement of the right to a
healthy Environment
FOR FURTHER
ASSISTANCE PLEASE
M
, RRLLB81 Assignment 2: The Enforcement of
the Right to a Healthy Environment
Introduction
The South African Constitution of 1996 is internationally celebrated for its strong commitment
to human rights, equality, and dignity. Among its many innovative provisions, Section 24
guarantees everyone the right to an environment that is not harmful to their health or well-being
and to have the environment protected for the benefit of present and future generations. This
constitutional environmental right represents a radical departure from the past, when
environmental protection was often subordinated to economic development and industrial
growth.
But recognition of the right is only the beginning. Its true value lies in the enforcement
mechanisms available to give it practical meaning. The question of who is best placed to enforce
environmental rights—individuals, groups such as NGOs, or the state—raises important
theoretical and practical debates. Should enforcement depend on direct individual harm, or is
the environment a collective resource demanding collective action? Can NGOs serve as
watchdogs when the state fails, or should the state bear the primary duty to secure
environmental justice?
This essay critically explores these questions. It analyses the constitutional framework, the
National Environmental Management Act (NEMA), the Air Quality Act, and key judicial
precedents such as Minister of Health and Welfare v Woodcarb (Pty) Ltd 1996 (3) SA 155 (N)
and Minister of Environmental Affairs v Trustees for the time being of Groundwork Trust 2025
(4) SA 98 (SCA). It also engages with academic commentary from Kidd, Currie and de Waal,
Kruger, and Glazewski. The discussion demonstrates that enforcement of the environmental right
requires a multi-actor approach, where individuals, NGOs, and the state all play essential roles,
albeit with different strengths and responsibilities.
Constitutional Foundations of Environmental Rights
Section 24 of the Constitution
Section 24 of the Constitution provides:
"Everyone has the right—
(a) to an environment that is not harmful to their health or well-being; and
