Representatives of civic organisations and local communities picketed on Monday outside the Port Elizabeth High Court where the case to have Shell’s seismic survey rights set aside is being heard.South Africa has plenty of environmental laws but none that specifically oblige government officials to consider the risks and impacts of climate change when they approve new developments.
The judgments relied on human rights and constitutional values to interpret the National Environmental Management Act and other statutes. In these cases the courts fulfilled their constitutional mandate to interpret environmental laws in ways that, where judges adopt a social justice framing in environmental disputes.
What the approach offers ordinary people is a rejection of the idea that protecting the environment is about advancing the needs of an elite minority who benefit from pristine environments. It helps reposition the environment as the places where ordinary people live, work, rest, play and learn.
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