The role of courts in enforcing environmental rights through interdicts in South Africa

Abstract

This study firmly hinges on addressing some of the environmental challenges facing South Africa, which can be attributed, in part, to inadequate remedies applied by the courts and to noncompliance with environmental laws. Section 24 of the Constitution of the Republic of South Africa , 1996 (Constitution ) grants the environmental right to everyone within the South African geo-political jurisdiction. That Section guarantees everyone the right to an environment that is not harmful to their health or wellbeing, while protecting the environment for present and future generations. The enactment of the National Environmental Management Act 107 of 1998 (NEMA) actualises this right. Recent case law, however, unveil a surge in environmental degradation, air pollution, and water pollution which unquestionably infringe on the right to a healthy environment for all South Africans. The courts' role in this case would be to safeguard this right through administration of just and equitable orders. The interdict emerges as one such crucial remedy for the full implementation and realisation of environmental rights in South Africa. By prohibiting unlawful conduct that infringes on environmental rights and compelling compliance with environmental laws, interdicts contribute to the safeguarding of environmental rights that yield sustainability. This study therefore explores the use of interdicts in enforcing environmental rights in the South African context.