Research On Environmental Public Interest Litigation In South Africa

Because of the rapid economic and social development,South Africa is one of the BRICS.In The process of development,the contradiction between economic development and environmental protection is ineluctable.Environmental public interest litigation is an effective means to protect the environment,and gradually established in South Africa.South Africa is a country with mixed legal systems,the Constitution,the common law and the statute law are all the sources of law in South Africa.The rules or regulations about the environmental public interest litigation in South Africa are different in common law,constitution and statute law.This paper will relate and analyze the rule of environmental public interest litigation in the common law of South Africa and the regulations in the constitution and statute and illustrate the problems in the practice of environmental public interest litigation through case analysis,so that we will understand the environmental public interest litigation in South Africa in general.In common law,the environmental public interest litigation is being hampered by the litigation principle of direct interest,which is a limitation of the plaintiff standing.In the common law of South Africa,rules for determining the plaintiff standing are always changing.In the private interest litigation,the plaintiff must has a direct interest in the case,while in the public interest litigation the plaintiff standing may be expanded.South Africa common law does not form a clear system of environmental public interest litigation plaintiff standing rules,limiting the development of environmental public interest litigation in common law.The Environment Conservation Act 73 of 1989,which was enacted before the Democratic Reform,provided the section of environmental impact assessment and the public participation mechanism.The protection of the right of public participation is of great significance to the development of environment public interest litigation and environmental protection.The current constitution of South Africa was promulgated after the DemocraticReform,providing the environmental right and the remedies of the environmental right,which are of great significance to establish the environmental public interest litigation.On the basis of the constitution “to protect environmental rights through legislation”,South Africa has developed a relatively completed environmental legal system.The National Environmental Management Act 107 of 1998 stipulates the public's environmental public interest litigation rights,to define the very relaxed environmental interest litigation standing and locus standi.At the same time,the National Environmental Management Act 107 of 1998 has made more explicit provisions on the public's right to know in environmental decision-making and also provides for the development of environmental public interest litigation legal costs burden mechanism.The relevant provisions of the National Environmental Management Act 107 of 1998 had established the environmental public interest litigation.Environmental public interest litigation in South Africa,the judgments of judicial authority are less from the perspective of environmental rights.“The environmental right is closely related to other rights,this correlation not only makes the environmental rights and other rights promote each other,but also to a large extent caused the conflict between environmental rights and other rights”.It is very difficult for the judiciary to achieve the purpose of balance protection in the conflict of rights.Therefore,in many cases involving environmental public interest,the court did not discuss the conflict between environmental rights and other rights.Of the famous environmental public litigation cases in South Africa,the majority of the defendants are administrative organs.It often involves the application of internal remedy and judicial remedy;Through the protection of the rights of public participation in environmental decision-making to achieve procedural justice,and thus protect the environmental public interest;Involving the public and private interest conflict of value measure.To solve these problems,the court has formed a system of new principles of environmental public interest litigation in common law.South Africa's environmental public interest litigation is in the progressive ofdevelopment and improvement,and promoting the realization of environmental justice.