In pursuit of 'sustainable development': the role of regulation in balancing goals of environmental protection and increased electricity production in South Africa

Abstract

From the year 2008 to date, South Africa has experienced serious power (electricity) problems in which the country began to witness frequent power-cuts commonly referred to as 'load shedding'. The courts in South Africa have held that the right of access to electricity is a basic human right as it is indispensable to people's daily survival. Furthermore, South Africa is a party to international treaties that advance the protection of the environment, including adapting to climate change impacts. Climate change is an unprecedented global environmental phenomenon that is affecting livelihoods and humanity in general. Currently, in South Africa electricity is generated through the extraction and subsequent burning of coal. This type of energy production has over the past years received heavy criticism from the international community and scientists as a major trigger for climate change problems; while Africa, collectively and as the least developed continent, is said to contribute less to this climate problem. South Africa; individually ranks amongst the major emitters of greenhouse gases (GHGs) which makes it one of the major contributors to climate change. The National Environmental Management Act (NEMA), which is the primary environmental framework law in South Africa, provides for the principle of 'sustainable development'. This principle requires the government or any other party to, where any development that may harm the environment is sought, integrate social and economic considerations with environmental considerations primarily for the protection of the environment. This principle feeds from other environmental managerial principles such as (however not limited to) the precautionary principle, the intergenerational principle and the environmental justice principle. All these principles find effect through section 24 of the Constitution of the Republic of South Africa , 1996. Accordingly, this study aims to investigate the role of environmental regulation in finding a balance between increased electricity generation and environmental protection as informed by section 24 of the Constitution , and the subordinate environmental legislative framework.