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What Action Can You Take Under National Environmental Management Act?

You can take action under NEMA not only when someone breaks the law, but also when someone has a duty to do something and does nothing. For example, the government has a duty to stop people from polluting rivers. If government does nothing to stop the pollution, you can take action to compel government to fulfil its duty. Therefore, if you feel that the government or any person has violated, or is violating, an environmental law, including NEMA, you can:

  • Go to the police and lay a criminal charge
  • Approach government regarding the appointment of a facilitator so that the issue can be referred to conciliation;
  • Ask the Director General to investigate
    (See: Complaining to the Director General)
  • Refuse to work if it could cause environmental damage
  • Alert people to an environmental risk by ‘whistle blowing’
  • React to emergency incidents
  • Approach the Public Protector
  • Approach the South African Human Rights Commission or
  • Approach a court for an order:
    • To stop the person or government from breaking the law,
    • To compel government to stop the person from breaking the law, or
    • That the responsible person do a clean-up of the pollution if they haven’t done this when they should have