Frequently Asked Questions

Answer:

Section 24 of the Constitution gives everyone a right to an environment that is not harmful to their health or wellbeing and to have that environment protected. This means that you have a right to live in a clean, safe and healthy environment and the government and private actors must avoid harming the environment in ways that threaten people’s health and wellbeing. The state must take steps to prevent harm, conserve natural resources and ensure sustainable development for both present and future generations. This right is immediately realisable and gives communities and individuals affected by pollution, or harmful development activities legal power to challenge those activities, enforce their rights and have their rights protected.

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An action that harms the environment and goes against the law. a common example of an environmental violation is pollution, which happens when harmful substances are released into the air, water or soil.

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It is important to identify risks and violations, and these can come from many different activities and should be reported as early as possible. Common examples include: illegal dumping of waste dead fish or animals near rivers increased dust in the air unusual smells, smoke or coloured discharges from factories; lack of consultation with the community before a development activity starts lack of licences or permits to conduct development activities such as mining or gas exploration.

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To report environmental violations: Identify the violations Identify what environmental law, rule, or right may have been broken Gather Information Write down the location of the incident Note the date and time it happened Describe what you saw or experienced Collect any evidence (photos, videos, or witness names Report the Violation Contact the relevant Department Use their hotline, email, or online portal to submit your report Ask for and keep the reference number you receive The Centre for Environmental Rights (CER) has an online portal for reporting violations and tracking reports. It is also important to follow up after making a report by using the reference number provided. This helps ensure the issue is being investigated and addressed.

https://reportaviolation.co.za/

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A violation of your environmental rights may result in the perpetrator being charged with:

• a. administrative penalties – this is where the relevant authorities may issue a directive or compliance notice against the perpetrator directing them to stop the harm, fix the damage or prevent further pollution. Administrative penalties may be accompanied with a fine.
• b. Criminal sanctions – environmental offences can also lead to criminal prosecution. If someone is found guilty, they may be fined, sent to prison or both.
• c. Legal action – you can also approach a court of law to enforce your rights.