Exam (elaborations)
LCP May June Portfolio Guidelines and Answers
- Course
- LCP4805 - Environmental Law
- Institution
- University Of South Africa (Unisa)
LCP May June portfolio guidelines and answers.
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LCP4805 May/June 2022 Portfolio GuidelinesQuestion 1
1.1 Quote the provision of the Constitution that captures the concept of
sustainable development. (2)
Section 24 of the Constitution enshrines environmental rights in South Africa. Section
24(b) of the constitution provides as follows: “Everyone has the right to have the
environment protected, for the benefit of present and future generations, through
reasonable legislative measures that –
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development.”
The Section provides a mandate on the State to ensure environmental protection and
ecologically sustainable development. The aforesaid is achieved by way of laws and
regulations. Private individuals, corporate entities and public authorities need to
comply with such laws and regulations by way of putting the appropriate measures in
place and, where compliance is lacking, enforcement mechanisms. Courts and the
judiciary further play a key role in ensuring the enforcement of environmental rights.
1.2 Which phrase in the Constitution speaks to the concept of “intergenerational
equity”? (2)
Intergenerational equity represents a widely recognized principle of international
environmental law providing for the preservation of natural resources and the
environment for the benefit of future generations. SA constitutional democracy has
been recognised as a progressive platform for the establishment and maintenance of
an inclusive social development system. The Bill of Rights, together with the
separation of powers among the legislative, the executive and the judicial arms of
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