RRLLB81 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
enforcement of the right to a
healthy Environment
FOR FURTHER ASSISTANCE
PLEASE CONTACT
The Enforcement of the Right to a Healthy Environment
, 1. Introduction
The recognition of environmental rights in constitutional and statutory frameworks has
fundamentally reshaped the way in which societies view the environment and its relationship to
human well-being. Section 24 of the Constitution of the Republic of South Africa, 1996,
explicitly guarantees that everyone has the right to an environment that is not harmful to their
health or well-being and requires the state to take reasonable measures to secure the protection of
the environment for present and future generations. This constitutional entrenchment establishes
environmental rights as justiciable human rights rather than abstract aspirations.
However, the question of enforcement remains complex: should these rights be enforced
primarily by individuals whose rights are directly affected, by collective bodies such as NGOs,
or by the state as custodian of the environment? This essay evaluates the available enforcement
mechanisms, considering case law, statutory frameworks, and scholarly debate, and argues that a
multi-actor enforcement model is the most effective.
2. The Nature of the Environmental Right
Environmental rights are often described as “third generation rights”, alongside rights to
development, peace, and cultural heritage. Unlike traditional civil and political rights,
environmental rights are both individualistic and collective in nature.
Individualistic aspect: Section 24 confers the right on “everyone,” suggesting that each
person may directly claim protection against environmental harm (Currie & de Waal
2017).
Collective aspect: Environmental harm often affects communities rather than isolated
individuals, and the consequences may transcend generations. Thus, collective
enforcement is often necessary (Kidd 2017).
This dual character raises the enforcement dilemma: who is best positioned to give real meaning
to the right?
3. Individual Enforcement
Individuals who are directly and immediately affected by environmental harm may approach
courts to protect their rights. The advantage of individual enforcement lies in the concreteness of
harm—the complainant can demonstrate how pollution or environmental degradation impairs
their health or well-being.
For instance, in Minister of Health and Welfare v Woodcarb (Pty) Ltd 1996 (3) SA 155 (N), the
court granted an interdict against a company operating without the required license and causing
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
enforcement of the right to a
healthy Environment
FOR FURTHER ASSISTANCE
PLEASE CONTACT
The Enforcement of the Right to a Healthy Environment
, 1. Introduction
The recognition of environmental rights in constitutional and statutory frameworks has
fundamentally reshaped the way in which societies view the environment and its relationship to
human well-being. Section 24 of the Constitution of the Republic of South Africa, 1996,
explicitly guarantees that everyone has the right to an environment that is not harmful to their
health or well-being and requires the state to take reasonable measures to secure the protection of
the environment for present and future generations. This constitutional entrenchment establishes
environmental rights as justiciable human rights rather than abstract aspirations.
However, the question of enforcement remains complex: should these rights be enforced
primarily by individuals whose rights are directly affected, by collective bodies such as NGOs,
or by the state as custodian of the environment? This essay evaluates the available enforcement
mechanisms, considering case law, statutory frameworks, and scholarly debate, and argues that a
multi-actor enforcement model is the most effective.
2. The Nature of the Environmental Right
Environmental rights are often described as “third generation rights”, alongside rights to
development, peace, and cultural heritage. Unlike traditional civil and political rights,
environmental rights are both individualistic and collective in nature.
Individualistic aspect: Section 24 confers the right on “everyone,” suggesting that each
person may directly claim protection against environmental harm (Currie & de Waal
2017).
Collective aspect: Environmental harm often affects communities rather than isolated
individuals, and the consequences may transcend generations. Thus, collective
enforcement is often necessary (Kidd 2017).
This dual character raises the enforcement dilemma: who is best positioned to give real meaning
to the right?
3. Individual Enforcement
Individuals who are directly and immediately affected by environmental harm may approach
courts to protect their rights. The advantage of individual enforcement lies in the concreteness of
harm—the complainant can demonstrate how pollution or environmental degradation impairs
their health or well-being.
For instance, in Minister of Health and Welfare v Woodcarb (Pty) Ltd 1996 (3) SA 155 (N), the
court granted an interdict against a company operating without the required license and causing
