Corporate social responsibility and related legal checks in the pursuit of environmental protection in South Africa

Abstract

In a developing country like South Africa, business has an important role to play in the economy. Companies also play a role in the environmental protection of South Africa's considerable natural resources and physical beauty. This research interrogates the voluntary and legal mechanisms for achieving the purpose of Corporate Social Responsibility (CSR) in the context of environmental protection in South Africa.

Section 24 of the Constitution of the Republic of South Africa, 1996 affirms that everyone has the right to an environment that is not harmful to their health or wellbeing and to have the environment protected through reasonable legislative measures. South African companies have access to a considerable number of voluntary mechanisms which can guide industry in the pursuit ofachieving sustainable development. South Africa's primary pieces of legislation governing the conduct of companies and the protection of the environment are the Companies Act 71 of 2008 and theNational Environmental Management Act 107 of 1998.

Given the import of companies in South African society and their use of natural resources, it is necessary to investigate the nexus between these CSR and legislative checks and environmental protection in terms of South African law. In particular, an analysis is required of the mechanisms available in the voluntary codes and the legislation against the interpretation of these mechanisms by the courts. Through a critical evaluation of the main voluntary CSR mechanisms available and the applicable legal framework, against their interpretation by the courts, this study illustrates the role that companies can play in environmental protection in South Africa