NAME: KHAOGELO

SURNAME: RAPHIRI
STUDENT NO: 68849281
MODELU: LEG2601
ASSIGNMENT: 1
QUESTION 1

INTRODUCTION

South Africa’s bill of right is entrenched in chapter 2 of the constitution of the republic of south
Africa. The bill of rights, which is the comerstone of south Africa’s democracy, assert, among other
things, the democratic values of equality (section 9), human dignity (section 10) and freedom
(section 12), which the state and other person and organisation must protect and respect.

Apart from the ‘’environmental’’ right set out in section 24 of the constitution, the bill of rights
contains other rights that could be applicable to environmental governance such as:

- ACCESS TO INFORMATION

The bill of rights set out the right of access to information in section 32, which provides that
everyone has the right of access to any information held by state and any information that is held by
another person and that is required for the exercise or protection of any rights and national
legislation must be enacted to give effect to this right.

As required by section 32(2) of the constitution, in terms of the promotion of access to information
act 2 of 2000 (PAIA), everyone should now have access to the information that the public bodies (the
organs of state) have, if the requester complies with all the procedural requirement of the act and if
they may access the records involved. Such access may be refused, however where a record contains
trade secrets, or where the financial, commercial, scientific or technical information regarding a
third party could harm that party. The purpose of PAIA is to promote transparency and
accountability in all organs of the state by obliging them to provide the public with timely, accessible
and accurate information. PAIA, thus, effectively empowers members of the public to scrutinise, and
to participate in any government decision- making that affect them.

- JUST ADMINISTRATIVE ACTION (SECTION 33)

Just administrative action is the key to any democratic state that strives for justice, fairness and
accountability, as well as the public participation, in the administration of the government affairs.
Administrative justice therefore embodies the democratic values and principles underpinning the
public administration in term of section 195 of the constitution. The principles are contained in
section 33 of the bill of rights which reads as fellow:

- Everyone has the rights to administrative action that is lawful, reasonable and procedurally
fair.
- Everyone whose rights have been adversely affected by administrative action has the rights
to be given written reasons.
- National legislation must be enacted to give effect to these rights and must provide for
review of administrative action by a court or where appropriate an independent and
impartial tribunal, impose a duty on the state to give effect to the rights in subsection 1 and
2 and promote efficient administration.

PAJA also provides for a fair procedure where the rights of the public are affected by administrative
action. The purpose of this section is to remedy (making right) the past position in law, when the
general public had little or no chance to provide input before administrative action affecting the
public in general was taken. PAJA give effect to the general public’s right to be heard on issues of the
public concern, through a public.

- THE RIGHT TO APPROACH A COMPETENT COURT (LOCUS STANDI, SECTION 38)

Section 38 0f the constitution provides that anyone listed in the section has the right to approach a
competent court in case where a right in the bill of rights has been infringed or is threatened. The
court may grant appropriate relief (a remedy) in such a case. The person who may approach the
court include anyone acting in his or her own interest (e.g., a person whose health or well being has
been affected by air pollution) and anyone acting on behalf of another person who cannot act in his
or her own name (e.g., a parent acting in the name of child whose health and well-being has been
affected by air pollution).
QUESTION 2

INTRODUCTION

Environmental governance arrangement may be directed toward a range of causes including

conservation and environmental protection, spatial and land use planning, (sustainable)
management of natural resources, and the protection of human health and operate across scales to
address local and global environmental problem. environment mean the surrounding within which
human exist and that made the land, water and atmosphere of the earth, micro-organisms, plaint
and animal life, any part or combination of (i) and (ii) and the interrelationships among and the
physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence
human health and wellbeing.

NEMA provides for an outline for cooperative the environmental roles performed by the different
spheres of the government. NEMA aim is enhanced coordination between the national department
(at the horizontal level) and between the national and provincial spheres of the government (at the
vertical level). Several provisions in chapter 5 of NEMA can be identified as giving the effect to
cooperative environmental governance. They include the following:

- Section 24L provides for the alignment of environment authorisation. If the listed or
specified activity is also regulated in term of anther law or in term of a SEMA, the authority
that is thereby empowered to authorise the activity and competent authority that is
empowered under NEMA in respect oof that activity may exercise their respective power
jointly. Such joint exercising the power may be attained by means of issuing either separate
authorisations or an integrated environmental authorisation.
- Provision is made for the establishment of a central point (e.i a competent authority) in each
province to deal with environmental applications, authorisations and licence in a
coordinated manner.
- Section 24(4)(b) stipulates that every application for an environmental authorisation must
include where applicable an investigation and an assessment of the impact of any proposed
listed or specified activity on certain national estate in term of the national heritage
resources act 25 of 1999.
- Section 24(4)(a) stipulate that in every application for an environmental authorisation the
organs of the state must coordinate and cooperate with one another in considering those
assessment where an activity falls under the jurisdiction of more than one organ of state.
- Section 25K provides for consultation between the competent authorities where
authorisation is required in terms of NEMA and in terms of other legislation to be able to
coordinate the respective requirements of such legislation and to avoid duplication of effort.
REFERENCE

LEG2601 STUDY GUIDE 2022

PLAGIARISM DECLERATION
I khaogelo Raphiri student no 68849281 declare that this is my own original work. Where
secondary material has been used (either from a printed source or from the internet), this
has been carefully acknowledged and referenced in accordance with departmental
requirements. I understand what plagiarism is and I am aware of the pertinent policies in
this regard. I have not allowed anyone else to borrow or copy my work.