Legal analysis of the impact and consequences of environmental degradation in mining communities in South Africa

Abstract

Section 24 of the constitution of the Republic of South Africa, 1996 guarantees a right to a healthy and safe environment. It provides for the environment which is beneficial, conducive and productive to the community. However, this right is being violated on a daily basis by the mining companies which degrade the environment through their activities or operations within the mining communities by violating the legal regulations aimed at restoration, rehabilitation, management and prevention of degradation to the environment. Therefore this mini-dissertation advocate for stringent enforcement of the laws aimed at prevention of environmental degradation and further compels mining companies to comply with existing laws. It calls for the minister not to hesitate to revoke the mining licences or withdrawal of the mining permits of any erring mining companies. It utilises the jurisprudence from China and Australia as comparative study in order to draw relevant lessons from their approaches