Environmental Protection In South Africa

Society is fully justified in its concern about the environment, but that concern may, at present, be too uncritical It is, for instance, essential to establish that there is a valid environmental impact, and that there is truly a causal link between a human activity and an observed shift in environmental conditions. In establishing these, it inessential to recognize that scientific proof offers consistency, but that it can never provide completeness. Thus, no amount of scientific endeavour can ever prove that mitigation of the effects of human activity will be perfect. Society normally expresses its concern through legislation. The existing legislation in South Africa is reviewed, and it is found that [>legislation regarding water is probably too stringent to be effective, >legislation regarding air and land use is probably too lax, >all the environmental legislation is too fragmented to be efficient, and the Department of Environmental Affairs is hamstrung by inter-departmental rivalry. ] It is accordingly concluded that, if means are to be found for ensuring adequate mitigation of environmental impact in the face of ongoing economic development, it is necessary to establish a Judicial Commission on Environmental Affairs advised by, but given greater powers than, the departments currently active in environmental maters. This Commission should be charged with creating, perhaps over a decade, a body of legislation that would guide development while protecting the environment in its widest sense.