Section 24 of the Constitution of the Republic of South Africa, 1996 Everyone has the right to an environment that is not harmful to their health or well-being; and 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 use of natural resources while promoting justifiable economic and social development.

Access to Information

Access to information is crucial to the exercise of environmental rights. Access to information is regulated in South Africa through the Promotion of Access to Information Act, 2000 (Act 2 of 2000), which is a piece of legislation that, at least in principle, enables citizens to access information from both private and public bodies through a formal but simple procedure.

Civil society organisations like the Centre for Environmental Rights experience significant challenges in accessing information through the use of PAIA. Download here the 2011 PAIA Civil Society Network’s Shadow Report dated September 2011, which summarises civil society organisations’ experiences with PAIA in 2011.

In 2011, with the support of the Open Society Foundation of South Africa, the Centre for Environmental Rights implemented a project entitled Transparency and Accountability in Environmental Governance. This project aimed at promoting transparency and accountability in environmental governance, and comprised a series of activities aimed at testing and assessing the extent to which civil society can access environmental information held by regulators and private entities. The Centre is currently finalising a report on our findings and recommendations, which will be published here shortly. You can also read about two court cases arising out of this first project here.

In 2012, we will expand this work through a project entitled Greater Transparency in Environmental Governance: New Challenges in the Public and Private Sectors, with continued funding gratefully received from the OSF. More about this project as it unfolds.

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