Children's Access to Justice for Environmental Rights | South Africa

This report looks at whether the laws and policies in South Africa make it possible for children to access their environmental rights.

In South Africa, the Constitution affords every person a right to an environment that promotes their health and well-being. The courts have enforced this right by interpreting various statutes: including, the National Environment Management Act (NEMA). 

There is an increased willingness on the part of the South African courts to hold company directors or members of close corporations personally liable. Fines of up to R10 million and/or imprisonment of up to 10 years may be imposed if a director of a company fails to prove they took the reasonable steps required to avoid environmental degradation. However, environmental enforcement agencies, activists and watchdog groups have consistently warned that both lack of capacity and political influence hinder the full enforcement of NEMA. 

South African courts are increasingly active on environmental cases, including those engaging with children’s rights. The 'Deadly Air' Case and the Kabwe Lead Poisoning Case are both notable South African cases currently before the courts, where litigators are asserting the constitutional right to an environment promoting health and well-being. The cases also address the principles of “intergenerational justice” and corporate accountability. 

This report was published in December 2022 and developed with the support of Karabo Ozah and Lebohang Dube from the Centre for Child Law at the University of Pretoria as well as finalised based on any feedback from the State. To learn more read the full report below, and please get in touch if this information was useful and you want to talk more.