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)
, Abstract
The right to a healthy environment has emerged as a fundamental human right in both
domestic and international legal frameworks, reflecting the growing recognition that
environmental protection is integral to human well-being and sustainable development. This
study critically examines the enforcement mechanisms available for this right within the
South African legal system, analysing constitutional provisions, statutory instruments, and
judicial interventions. It highlights the tension between environmental protection and
competing socio-economic interests, exploring how courts, regulatory agencies, and civil
society actors contribute to ensuring compliance with environmental norms. Through a
combination of doctrinal analysis, case law review, and comparative perspectives, the study
identifies challenges such as limited access to justice, insufficient regulatory capacity, and
the need for greater public participation. The research underscores the necessity of a
multifaceted approach that incorporates legal remedies, administrative enforcement, and
community-based monitoring to uphold the right to a healthy environment effectively.
Ultimately, the study argues that enforcing environmental rights is not only a legal obligation
but a societal imperative, requiring coordinated action between government, private actors,
and citizens to achieve sustainable environmental governance and protect public health.
Keywords
Environmental rights
Constitutional law
Enforcement mechanisms
Sustainable development
Judicial review
Public participation
Regulatory compliance
South Africa
Abbreviations
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)
, Abstract
The right to a healthy environment has emerged as a fundamental human right in both
domestic and international legal frameworks, reflecting the growing recognition that
environmental protection is integral to human well-being and sustainable development. This
study critically examines the enforcement mechanisms available for this right within the
South African legal system, analysing constitutional provisions, statutory instruments, and
judicial interventions. It highlights the tension between environmental protection and
competing socio-economic interests, exploring how courts, regulatory agencies, and civil
society actors contribute to ensuring compliance with environmental norms. Through a
combination of doctrinal analysis, case law review, and comparative perspectives, the study
identifies challenges such as limited access to justice, insufficient regulatory capacity, and
the need for greater public participation. The research underscores the necessity of a
multifaceted approach that incorporates legal remedies, administrative enforcement, and
community-based monitoring to uphold the right to a healthy environment effectively.
Ultimately, the study argues that enforcing environmental rights is not only a legal obligation
but a societal imperative, requiring coordinated action between government, private actors,
and citizens to achieve sustainable environmental governance and protect public health.
Keywords
Environmental rights
Constitutional law
Enforcement mechanisms
Sustainable development
Judicial review
Public participation
Regulatory compliance
South Africa
Abbreviations
