Environmental Rights in the Constitution
According to the rights enshrined in South Africa’s Constitution, everyone has the right:
To an environment that is not harmful to their health or well-being.
To have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:
- Prevent pollution and ecological degradation;
- Promote conservation; and
- Secure ecologically sustainable development and the use of natural resources while promoting justifiable economic and social development.
Policy Mandate and Research
The Environmental Policy Directorate conducts research to develop, communicate and promulgate environmental policy, legislation, norms, standards, and strategies under the Mineral and Petroleum Resources Development Act (MPRDA), 2002 (Act 28 of 2002) .
The Mineral Regulation Branch and its regional offices ensure that the provisions of the MPRDA are implemented effectively through:
- Processing mining right applications and granting permits;
- Approving Environmental Management Programmes (EMPs);
- Monitoring environmental performance and enforcing compliance;
- Undertaking corrective actions and issuing mine closure certificates where applicable.
The Directorate is also tasked with reporting annually to the South African Human Rights Commission on the performance of the constitutional “environmental right.” This includes strengthening enforcement mechanisms through collaboration with other government departments and the development of memoranda of understanding.
International Obligations and Commitments
South Africa’s commitment to sustainable mining extends beyond national boundaries. The Department of Mineral Resources and Energy (DMRE) participates in several international agreements and partnerships designed to advance global environmental governance.
- Developing policy options and programmes aligned with international frameworks such as the World Summit on Sustainable Development (WSSD), focusing on sustainable development, waste management, and biodiversity.
- Contributing to NEPAD and the African Mining Partnership (AMP), jointly leading Project 3.2: Sustainable Development with Egypt, Congo, and Zimbabwe.
- Participating in the Global Mining Dialogue — a Type 2 Partnership initiative emerging from the outcomes of the WSSD, fostering responsible mining worldwide.
Environmental Research Focus Areas
Mine Closure and Rehabilitation
Researching sustainable mine closure practices to restore ecosystems and support post-mining land use.
Mine Water Management
Developing strategies for managing acid mine drainage and promoting water conservation within mining operations.
Biodiversity and Land Use
Promoting integration of biodiversity considerations into mine planning and rehabilitation programmes.