@article{2014:kotz:a_gold_rus,
title = {A Gold Rush to Nowhere? The Rights-based Approach to Environmental Governance in South Africa’s Mining Sector in Question},
year = {2014},
note = {In this article we focus on the impact that the mining industry has
had, and continues to have, on the environment in South Africa. The
country is renowned for its mineral wealth and the mining sector
continues to significantly contribute to its gross domestic product.
Yet, as we demonstrate, these socio-economic benefits are often
short-lived and they frequently come at a high price, especially where
mining impacts on the environment and the attendant health and
well-being of people. The South African legal regime does, however,
provide an explicit environmental right; other environmental-related
substantive rights to water, housing and sanitation; as well as a set
of procedural rights that should facilitate participative governance
and provide means to protect substantive rights-based interests.
Flowing from these rights is also a comprehensive and modern
environmental law regime that seeks to regulate mining impacts.
Collectively, these rights and statutory arrangements should provide
for better protection against the adverse environmental impacts of
mining. Yet, despite the existence of this rights-based regime,
environmental abuses by the mining sector continue to hamper the
country’s quest for sustainability. The questions that arise in this
respect include: are rights in South Africa still mere symbolic
statements of intent, instead of meaningful and powerful drivers in
environmental governance; and more importantly, is the rights-based
approach a viable means of holding mines to account for adverse
environmental impacts in South Africa? We attempt to answer these
interrelated questions by discussing the impact of mines on South
Africa’s environment; investigating the underpinnings and meaning of
the rights-based approach; and critically analysing some recent
instances where the judiciary was called on to adjudicate matters
involving mines and their relationship with people and their
environment.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {447--481},
author = {Kotzé, Louis J. and du Plessis, Anél},
volume = {47},
number = {4}
}