The polluter pays principle and environmental liability in South Africa

Abstract

Environmental liability rules are crucial in a country such as South Africa. The issue of liability pertaining to pollution of or harm to the environment is a critical area in our law as environmental liability is not adequately addressed in terms of South African law.1 Liability law is thus directed towards the objectives of damage prevention and the distribution of loss in accordance with considerations of social justice. Liability law is necessary in order to prevent environmental pollution or degradation. An example of pollution to the environment is when goods are transported and a traffic accident occurs, which results in the spillage of harmful substances. Harmful substances may for instance be easily transmitted to surface water or underground water. These substances may have adverse effects on human health and the environment.