Everyone has the right to an evironment
“Everyone has the right to an environment which is not harmful to their health or well-being”, which includes safe and clean drinking water, adequate housing and an environment which is pollution-free.
Section 24 extends to what is called “sustainable development” and ensuring that there is an adequate and healthy environment for future generations, by not depleting natural resources, but rather using them in a sustainable, eco-friendly way.
Although we, as citizens, are afforded this right, no right is absolute and every right may be limited, if such a limitation is justifiable.
The environment and the use of its natural resources are closely interlinked with the strength of a country’s economy.
The use of natural resources such as gold are used to produce revenue, but the process used in mining, for example, causes acid mine drainage, which flows into the water resources of the more rural areas, causing death and disease.
Although difficult, a balance must be found and maintained in order to ensure that the right is protected and that resources are still used to the advantage of the economy.
Penalties for environmental right infringements are very difficult to enforce as South Africa, unfortunately, places a larger amount of importance on issues such as poverty and job creation, rather than the protection of the environment.
Fines have been implemented in respect of the major pollution role players, in an effort to deter or curb the impact, but, due to profit margins and economic stability of these companies, the fines are budgeted for and, therefore, no penalty is really enforced.
The conservation of our environment for our children, grandchildren and great-grandchildren begins with us — without an environment with in which to live, man will cease to exist.
“What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another,” said Mahatma Gandhi.
Compiled by Monique Milligan – Candidate Attorney Malherbe Rigg and Ranwell Incorporated.
Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to Your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
