Fulfilment of South Africa's constitutional environmental right in the local government sphere
Du Plessis, Alida Anél
MetadataShow full item record
Claims related to the environment increasingly permeate the domain of human and fundamental rights. It is widely accepted that a direct functional relationship exists between the pursuit of environmental aims generally, and the protection of environmental rights. By and large, this relation compelled 'the environment' to have become a prominent contemporary focus point in legal thought, discourse and adjudication. Since local government operates closer to citizens than any other level of government, it is obvious that it may be expected of it to also play an important role in the management and regulation of matters that affect the environment. In the main, this study questions the extent to which the South African legal framework facilitates local government progress in the decentralised fulfilment of the section 24 environmental right in the Constitution of the Republic of South Africa, 1996. Firstly, this thesis provides a theoretical literature review of a number of approaches to, categories of and different perspectives on environmental rights in general. As part of this review a number of generic elements is identified for the fulfilment of constitutional environmental provisions, generally. The literature review attends also to the notions of local environmental governance and 'local politics of pollution', amongst other concepts related to local government. Secondly, this thesis (by employing the comparative research method and by using the generic elements for fulfilment of constitutional environmental provisions as benchmarks) critically considers the Constitution or Basic Law of the Federal Republic of Germany, 1949 (Grundgesety and relevant developments in Germany with reference to the European context and a local government case study on the municipality of Heidelberg. It considers also the Constitution of Namibia of 1990 and relevant developments in Namibia with reference to the African and Southern African contexts and a case study on the Walvis Bay municipality. The South African position is subsequently analysed, first with a focus on section 24 of the Constitution of the Republic of South Africa, 1996, environmental law and related developments, then shifting the focus to the constitutional provisions on local government, local government law, related developments and the case of the Drakenstein Local Municipality. Thirdly, based on the lessons learned from and lacunae identified in all three of the countries considered, this study concludes with a set of recommendations for the South African context.
- Law 
Showing items related by title, author, creator and subject.
The environmental management cooperation agreement as a co-operative environmental governance tool in a segmented environmental administration Seekoe, Gaongalelwe Vivienne (North-West University (South Africa) , Potchefstroom Campus, 2017)Traditional environmental compliance is a top-down regulation method comprising of mechanisms where adherence to environmental laws is achieved through strict monitoring by authorities. This top-down regulation is the ...
Finding NEMA: the National Environmental Management Act, the De Hoop dam, conflict resolution and alternative dispute resolution in environmental disputes Couzens, E; Dent, M (2006)This article considers the proposed De Hoop Dam on the Olifants River, Water Management Agencies, conflict between government departments and other organs of state, the involvement of NGOs and conflict-breaching ...
A role for local government in global environmental governance and transnational environmental law from a subsidiarity perspective Du Plessis, Anél (Institute of Foreign and Comparative Law, 2015)This article advances a conceptual view of the role of local government in global environmental governance (‘GEG’) and the system of transnational environmental law (‘TEL’). The underlying hypothesis is that a ...