Everyone has the right to:

• An environment which is not harmful to their health or well-being
• Have the environment protected for the benefit of present and future generations through reasonable legislation and other measures that:
  • Prevent pollution and ecological degradation
  • Promote conservation
  • Secure ecologically sustainable development and use of natural resources, while promoting justifiable economic and social development.

Section 24 therefore places a duty on all spheres of government to take reasonable steps – including to make laws – to prevent pollution, promote conservation and ensure sustainable development.

WHAT DO THE WORDS ‘HEALTH AND WELL-BEING’ MEAN?

The meaning of these words is not entirely clear so it will be up to the courts to decide on their exact meaning in the future. It seems that “health and well-being” include the following:

• Protection from pollution in the air, water, food or soil. This includes protection from dangers in the workplace and less obvious dangers to health such as excessive noise.
• Protection of our well-being covers both physical and mental well-being. This would include protection from nuisances and invasions of privacy and dignity. The European Court of Human Rights recently ruled that a bad smell from a tannery that offended neighbouring residents was a violation of their right to privacy. In our law, this would probably qualify as a violation of the right to well-being. The Eastern Cape High Court was required to consider a case in which the applicant argued that the production of hydrogen sulphide (which smells like rotten eggs) by a tannery, was causing pollution in the neighbouring area. The Court held that to be forced to work in an ‘environment of stench’ was contrary to one’s well-being. Therefore, we can say that something affects our well-being if it affects our ability to enjoy our life.

WHO CAN YOU ENFORCE YOUR ENVIRONMENTAL RIGHTS AGAINST?

There has been much debate about the application of environmental rights. It is quite clear that these rights apply between the state and private persons. However, the question is whether the right applies between two private persons. It seems that the courts have accepted that environmental rights can apply between private persons. (See Section 8: Application of the Bill of Rights)