Environmental Rights

Section 24 of the South African Constitution is in chapter 2..

 Chapter 2 of the South African Constitution covers the bill of rights and section 24 covers our environmental rights. 

Quote section 24 of the South African Constitution 

 Environment (section 24)

Everyone has the right ­

1. to an environment that is not harmful to their health or well-being; and
2. to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that ­
   1. prevent pollution and ecological degradation;
   2. promote conservation; and
   3. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. 

END QUOTE

So if we take a closer look at this then we may read chapter 2, section 24 (b) iii as "Every one has the right to have the environment protected, for benefit of present and future  generations through reasonable legislative measures that secure ecological sustainable development and the use of natural resources while promoting justifiable economic and social development."

 

When we take a closer look at this and consider that the bill f rights is not limited to natural persons, but includes juristic personae as well, as in section 8 (4)   This  means that individual communities may take up issues with any legislation that violates their collective  rights be they civil, ecological, financial  or other, in terms of chapter 2  section 8 (4) of the South African constitution.



Now when we take  section 24 division  (b) part iii   in chapter 2 of the south African constitution as above into account and equate

1. the recreational use of the Elephant Coast beaches to the justifiable use of natural resources, 
2. and the spending power of recreational beach users as tourists within Umkhanyakude district Municipality be equated to the  Justifiable economic development and 
3. the social development that is linked with the entertainment as well as tourism activities and accommodation  of tourists   associated with the recreational beach use of the Elephant Coast Beaches, to justifiable social development  and
4. The Elephant Coast Tourism industry to the juristic person whose rights are being violated, then we have a case in the constitutional court.

Section 36 in the bill of rights discusses the issues around limitations of the rights as enshrined in the bill of rights and is quoted below

Limitation of rights  (section 36)

1. The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including ­
1. the nature of the right;
2. the importance of the purpose of the limitation;
3. the nature and extent of the limitation;
4. the relation between the limitation and its purpose; and
5. less restrictive means to achieve the purpose.
   
2. Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights. 

 Section 38 in chapter 2 talks of the enforcement of rights and is quoted below

Enforcement of rights (Section 38) 
 
Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are -

1. anyone acting in their own interest;
2. anyone acting on behalf of another person who cannot act in their own name;
3. anyone acting as a member of, or in the interest of, a group or class of persons;
4. anyone acting in the public interest; and
5. an association acting in the interest of its members.

 

The rest of this blog and the associated social media profiles are in place to assist the management of the ARBU in formulating a plan and ensuring that the 4x4 ban along with it's economic impacts be discussed at the right forums, and that the legislation governing access to the coastal zones of South Africa be amended to accommodate the domestic tourism market and take a less rigid and more social development attitude that includes the recreational use of the coastal zones of the Elephant Coast.