A study of South African environmental law and the environmental standards prescribed by lending institutions

Abstract

The research investigates whether the environmental performance standards prescribed by international financial lending institutions have the potential to regulate within the South African legislative framework. In assessing this, the environmental performance standards of three specific financial lending institutions, namely, the International Finance Corporation, the African Development Bank and the Development Bank of Southern Africa are analysed. In addition, the extent to which South African framework legislation accommodates the use of the environmental performance standards is looked at with specific focus on the National Environmental Management Act 107 of 1998 (NEMA) and the Constitution of the Republic of South Africa, 1996 (Constitution). The principles and provisions underscored in NEMA are shown in this study to accommodate the application of the environmental performance standards. This is so because the environmental performance standards support the framework legislation to the extent that it gives effect to its principles by providing substantive content to the framework.