The public trust doctrine and local environmental governance in South Africa

Abstract

The study explores to what extent the South African Public Trust Doctrine (PTD) obligation that was introduced by the adoption of the Constitution in terms of section 24 creates state's responsibilities and duties that must inform the Local Environmental Governance (LEG). Section 24 was designed to advocates for sole protection of the environment for both the current and future generation through the enactment of legislation and other measures. This measures were to ensure that ecologically sustainable development is secured and careful balance in making sure that the use of natural resources while promoting justifiable economic and social development is maintained. The enactment of NEMA as the framework environmental legislation entrenched and reaffirmed among others the PTD principle, sustainable development and the duty of care to all state organs. As a principle, sustainable development also embraces the vision to ensure intergenerational equity is maintain and the protection of future generation is upheld. As a result of this mandate, Municipal Systems Act envisaged the vision of local governance that seek to strive for organisational change that serves as the backdrop on which state rests embedded on the Constitutional notion of developmental local government. Hence the study concludes by finding that through the achievement made by the introduction of PTD by the Constitution, it suggested responsibilities that were to inform the LEG.