REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
Article 24: The right to a satisfactory environment
Legislative and policy measures to protect the environment:
506.
The preservation and conservation of the environment has remained high in the agenda
of the South African government. In this regard, since the submission of the First Periodic
report progress has been made in this field especially in relation to the development of
norms, standards and institutional mechanisms for the protection of the environment.
Three important statutes have been enacted during this period: National Environmental
Management: Air Quality Act 2004,266 the National Environment Management:
Integrated Coastal Management Act, 2008267 and the National Environment
Management: Waste Act, 2008.268
507.
The National Environmental Management Act, 1998269 (“NEMA”) governs integrated
environmental management. Environmental impact assessments (EIAs) are the main
regulatory tool under this Act, which aims to ensure sustainable development and the
prevention of adverse impacts on poor communities and on the environment. The
provisions of NEMA governing EIAs are therefore vital to the protection of scarce water
resources from mining activities, as well as from a plethora of other industrial activities
which impact directly on the health of rural and urban communities.
508.
With a coastline that stretches for over 2500km, the Integrated Coastal Management Act,
2008270 which entered into force on 9 February 2009, provides a normative framework
for the conservation and preservation of this coastline. The Act establishes a system of
integrated coastal and estuarine policies, in order to promote the conservation of the
attributes of coastal landscapes and seascapes, and to ensure that development and the
use of natural resources within the coastal zone is socially and economically justifiable
and ecologically sustainable.
509.
On its part, the Waste Act, 2008271 seeks to reform the law regulating waste management
in order to protect health and the environment by providing reasonable measures for the
prevention of pollution and ecological degradation and for securing ecologically
sustainable development. In essence, the Waste Act has had the effect of filling the
legislative gaps that existed at the time of the submission of the First Periodic Report. In
addition, the Act has clarified and allocated responsibilities within Government for
pollution and waste management.
266
Act No. 39 of 2004
Act No. 24 of 2008
268
Act No. 58 of 2008
269
Act No. 107 of 1998
270
Act No. 24 of 2008
271
Act No. 58 of 2008
267
138