The protection of the environmental interests of future human generations in South Africa

Abstract

The study explores the extent to which South African law protects the environmental interests of future generations. To achieve this objective, the dissertation explores the definition of future generations and also traces its development and interpretation under international law. Section 24 of the Constitution – the environmental right – expressly provides for the protection of the interests of future generations, and the promotion of sustainable development. Further, framework environmental legislation, the National Environmental Management Act 107 of 1998 entrenches the principle of sustainable development. Sustainable development echoes the need to ensure intergenerational equity, and the protection of future generations. While South Africa does not have a single case that expressly cites future generations as parties to the proceedings, in Fuel Retailers the Constitutional Court relied on the principle of sustainable development and intergenerational equity – which are central to the protection of future generations. Also, the study makes use of foreign law to investigate how foreign jurisdictions (Philippines, the Netherlands and United States of America) use and interpret the concept and protect future generations. The final observation is that, should the principles of sustainable development and intergenerational equity be used, as they have been used in South Africa, they could provide for the protection of future generations, despite a lack of explicit mention of the concept in legislation.