The Constitution

The Constitution of a country guarantees basic human rights and provides guiding principles for society. The rights and the obligations in the Constitution belong to each person and community in South Africa. We are fortunate in South Africa, because unlike in many other countries, our Constitution recognises that a healthy environment is a basic human right.

Basic human rights only become meaningful once we all accept that we have to work towards making them real. It means, on the one hand, that the State must follow the principles laid down in the Constitution. Citizens and communities, on the other hand, must demand that their rights be respected and demonstrate that they take up the responsibilities that come with the rights.

You and your community can use your legal rights to get a better quality of life!

If your basic rights are not respected, you can:

• make a case in a court
• complain to the Human Rights Commission
• complain to the Public Protector if the State is responsible.

What are your environmental rights in the Constitution?

The Constitution guarantees:
The right to an environment that is not harmful to health or well-being (section 24(a))
Everyone has this basic right, and everyone can take legal action to protect this right.

The right to have the environment protected (section 24(b))
Government must comply with the constitutional right to have the environment protected by taking protective steps.

Government must make laws that:

• prevent pollution and damage to the environment
• promote conservation
• balance economic, social and environmental development.

Government must ensure that reasonable measures are taken to protect the environment against harmful activities that may come with social and economic development, even if the social and economic development is much needed.

Government has started to make new laws to protect the environment. In 1998, the new National Water Act, the National Forest Act, the Marine Living Resources Act and the National Environmental Management Act were passed.

We still need new laws on soil, minerals, clean air and pollution and waste management.

The right to equality and special measures to overcome unfair discrimination and disadvantage (section 9)
Unfair discrimination disadvantaged some people and meant that they lived and worked in unhealthy environments. Everyone has the right to affirmative action that is necessary to ensure environmental justice.

The right to administrative justice (section 33)
Everyone has the right that Government makes fair decisions, listens to the concerns of people before decisions are taken, gives reasons and provides dispute resolution by an independent court.

The right to progressive realisation of basic human rights (section 7)
All the rights in the Bill of Rights must be respected and protected. If the rights cannot be fulfilled immediately, then steps must be taken to promote the rights and to achieve their progressive realisation.