Learning unit 7: Governance and institutions

Learning unit 7
Governance and institutions
OVERVIEW
In this learning unit, you will learn about some of the key aspects of
environmental governance.

LEARNING OUTCOMES

After studying this learning unit, you should

• be able to motivate the need for environmental governance
• understand what is meant by the term “environmental governance”
• be able to identify and discuss the relationship between sustainable
development and environmental governance
• know how the Constitution, by way of Schedule 4 and Schedule 5,
allocates the responsibility for environmental matters to a specific sphere
of government
• know how the provisions of NEMA give effect to the principle of
cooperative environmental governance
• be able to identify and discuss the key stakeholders and actors that play
a role in environmental governance

7.1 INTRODUCTION
Environmental management systems are under pressure to deal with a number of
complex environmental issues. Examples of environmental issues include the
following:

• Climate change: Climate change has come about due to the rise in global
warming, which, in turn, is due to the increase in the temperature of the
atmosphere, due to the burning of fossil fuels (like coal, etc). The process
serves to release greenhouse gases (like methane, carbon dioxide, etc) into
the atmosphere. Other harmful effects of climate change include the change
in the seasons (i.e. in the overall weather), the increased occurrence of floods
and droughts, and the likelihood of diseases (like malaria) emerging in areas
where they previously were not present.
• Natural resource depletion: Natural resource depletion has resulted from a
culture of consumerism and from the general pressure that has come to be
exerted by an ever-increasing population on the use of natural resources (like
water, energy, food, etc).
• Deforestation: In deforestation, the green cover is cleared from land that is
appropriated for residential, industrial and commercial purposes (like
agriculture). Forests, which produce fresh oxygen, help regulate the prevailing
temperature and rainfall. Forests also serve to absorb carbon dioxide.

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Deforestation, therefore, detracts from the above-mentioned benefits that can

be gained from the presence of forests.
• Loss of biodiversity: The extinction of species and habitats, in turn, leads to
a loss in the number and variety of ecosystems (on which humans rely).
• Water pollution: Clean drinking water is becoming rarer than it used to be.
The pollution of fresh water is a threat to human (and animal) health.
• Imbalance of the nitrogen cycle: Agriculture uses a great deal of nitrogen-
rich fertiliser (which derives from nitrogen gas) to supplement the amount of
natural fixed nitrogen that occurs in croplands. Run-off water has the potential
to transport nitrogen into rivers, springs, lakes and oceans. Such transportation
is problematic, because the presence of an overabundance of nitrogen tends
to lead to algae blooms, which eventually depletes the amount of oxygen in
water (through the process of eutrophication), resulting in animals either dying
or leaving the habitat concerned.
• Waste: The extensive production of non-biodegradable trash, like plastics,
toxic electronic waste and harmful chemicals, emits methane, which is a major
greenhouse gas.
• Waste disposal: The dumping of large volumes of waste occurs in oceans
and in developing countries. Consequently, some countries are running out of
land in which to bury their waste. Waste also includes such “problematic”
waste as nuclear waste, among other types of waste.
• Ocean acidification: Carbon dioxide (greenhouse gas) has a negative impact
on shellfish and plankton (which can be seen in the dying of coral reefs).
• Public health issues: The pollution of water and air quality can lead to the
development of a number of health issues, including cancer, asthma and
cardiac vascular conditions. High temperatures encourage the spread of
infectious diseases, like dengue.

Environmental issues can be highly complex, because they

• tend to be interlinked, and therefore influence one other

• tend to be interlinked with social and economic issues
• cannot be contained within human-made borders, as can be seen in the global
impact of climate change

Due to their interlinked nature (both within themselves and within different
socioeconomic aspects), the solutions for one environmental problem can lead to
unintended negative consequences, or they can create new environmental or
socioeconomic problems. For example, a solution to food insecurity is to increase the
amount of food produced (through agriculture). An increase in food production
ultimately implies an increase in freshwater withdrawal, energy use, deforestation,
biodiversity loss, and greenhouse gas emissions, among other such phenomena. In
addition, most of the processes that are involved in food production have strong links
with climate change. Unsurprisingly, complex environmental problems are also
described as “wicked” problems. Wicked, in this sense, means a complex problem that

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is impossible or difficult to solve due to the interconnected nature of the issues at play.
Against such a background, governments, organisations, businesses and the general
public have come to realise the following:

• Most of the existing environmental issues have tended only to worsen (instead
of improving).
• Traditional ways of addressing environmental issues have been unsuccessful.
• Environmental issues are strongly linked with socioeconomic issues.
• Such environmental issues as climate change are new and global (being cross-
border), with them requiring the adoption of a cooperative approach to solve.

Clearly, governments have not been able to solve complex environmental (and linked
socioeconomic) issues by themselves. A new, or different, way of finding solutions to
such complex issues has become necessary. In short, the idea of “government-only”
solutions has been replaced with that of “environmental governance”.

Activity 7.1
Click on the link below to the video clip entitled “Environmentalists call for
environmental governance prioritization” (18 May 2019):
[Link]

You’ll notice in the South African Broadcasting Corporation’s clip that a number of
aspects link to environmental governance. Name any three such aspects.

To assist you in understanding the concept and application of “environmental

governance” within the South African context, the next section provides a basic
introduction to the topic of “governance”.

7.2 GOVERNANCE
7.2.1 Introduction
Governance is a widely used concept that crosses a number of different disciplines,
including Law, Public Administration, the Political Sciences, Economics, Sociology and
Management. Numerous definitions are aimed at describing the concept. Bennett
(2015:303) provides the following general definition of the term:
Governance is an umbrella term that refers to the structures, institutions
(i.e., laws, policies, rules, and norms), and processes that determine
who makes decisions, how decisions are made, and how and what
actions are taken and by whom.

7.2.2 Main aspects

Like other concepts, governance is a dynamic concept, which can be interpreted in a
number of different ways. Certain elements or features are, however, prominent in
most of the definitions concerned, as can be seen in the following:
• Governance involves the way in which complex societal issues are managed.

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• No clear and agreed upon solutions exist to complex issues.

• Complex issues cause high levels of conflict between the stakeholders
involved, because different opinions exist on what the problem is and how it
should be managed to solve the issue.
• The management of complex issues requires collaboration between all the
different stakeholders, including the public agencies and other public, civil,
society and business organisations (in other words, the management includes
members from the public spheres, the private sector, the civil society, the local
residents, the active local groups and the community).
• Governments share the decision-making and implementation (of solutions)
process with the other actors concerned.
• Governments are not the only actors involved and, in some instances, are
neither even the most relevant, nor the most powerful, ones.
• Intervening and influencing human behaviour by means of the use of
regulation is possible. Law provides the parameters, the justification and the
means to manage the activities of people. In other words, law (in the form of
legislation, rules, etc) is used to change or to adjust human behaviour.
Regulation, in this context, concerns the setting, the interpretation, the
application and the enforcement of rules. Law is, therefore, a key element of
governance.
• Governance is not the same as government, as the former includes the actions
of the state and, in addition, involves actors like communities, businesses and
NGOs.
• Although the concepts of “governance” and “management” are not the same,
they are linked. Management refers to the resources, plans and actions that
result from the functioning of governance.

Governance is, therefore, a social institution or a construct that society uses to

influence human behaviour. The aims of governance are to solve collective
problems and to achieve common goals within society. The state (or the
government) is NOT the only actor that is involved in governance. Other stakeholders,
like civil society (in the form of organisations) and the private sector are also important
actors in the same sphere. More importantly, stakeholders cooperate to solve
collective problems (like environmental degradation) and so as to achieve
common goals (like sustainable development).

7.3 ENVIRONMENTAL GOVERNANCE

The preceding paragraphs introduced you to some of the main features of the
concept of “governance”. However, the term “environmental governance” refers to
a more specific area or object of governance, notably the “environment”. For
example, the United Nations Development Programme defines “environmental
governance” as consisting of “the rules, practices, policies and institutions that
shape how humans interact with the environment”.

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Challies and Newig provide the following definition of environmental governance:

the totality of interactions among societal actors aimed at coordinating,

steering and regulating human access to, use of, and impacts on the
environment, through collectively binding decisions. Environmental
governance arrangements may be directed towards a range of causes
– including conservation and environmental protection, spatial and land
use planning, (sustainable) management of natural resources, and the
protection of human health – and operate across scales to address local
and global environmental problems.

Another definition, provided by Bennett and Satterfield, is that

… governance is generally defined as the institutions, structures, and

processes that determine who makes decisions, how and for whom decisions
are made, whether, how and what actions are taken and by whom and to what
effect. The aim of environmental governance, in particular, is to manage
individual behaviors or collective actions in pursuance of public environmental
goods and related societal outcomes.

In terms of the three definitions above, you should have realised the following:
• The general features of ‘governance’ are also evident in “environmental
governance”, in relation to influencing human behaviour to solve collective
problems and to achieve common goals by means of collaboration
between the different stakeholders (the government, the semi-government
and the non-government institutions and actors).
• As the “environment” exists in some kind of interaction and relationship
with humans, it, therefore, includes several aspects, ranging from
conservation, through environmental protection and the sustainable
development of natural resources, to the safeguarding of human health.
• Environmental governance is about the different ways in which the
functioning of society influences environmental actions and outcomes
(like the management of natural resources).
• Stakeholders in environmental governance include the government (at all
levels), businesses, property owners, farmers, consumers, communities and
NGOs, among others.
• Institutions, in the form of both formal rules (laws and regulations) and
informal rules (social norms, cultural contexts, etc) direct human behaviour
and interaction with the environment.
• Part of the “governance” process includes the use of laws and regulations to
control human impacts on the environment.
• The implementation, administration, compliance and enforcement of
environmental laws (including regulations, etc) are important elements of
environmental governance.

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Now that you’ve been introduced to some of the general aspects of “environmental
governance”, the following section focuses on aspects of the issue in the South
African context.

7.4 ENVIRONMENTAL GOVERNANCE WITHIN THE SOUTH

AFRICAN CONTEXT
This section discusses two aspects of environmental governance within the South
African context: First, the link between the “environment”, sustainable development
and environmental governance. And second, the principles of cooperative
environmental governance.

7.4.1 Connecting the “environment”, sustainable development and

environmental governance
You can find the mandate (or instruction) for environmental governance in the South
African context in section 24 of the Constitution, the environmental right. Section 24
provides the following:

Everyone has the right―

(a) to an environment that is not harmful to their health or well-being; and
(b) to have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that―
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural
resources while promoting justifiable economic and social development.

Section 24 of the Constitution, therefore, establishes two important links with

environmental governance, namely those of

• the existence of an environment

• sustainable development
Let’s discuss the two aspects.

[Link] The environment

To understand how the environment fits into the general notion of “governance”, you
first need to know what elements constitute the environment. Knowing the definition of
the environment, as it is understood in South Africa, is key to gaining such an
understanding.
You’ll recall from learning unit 4 that the working definition for “environment” is provided
for in section 1 of the NEMA, namely
‘environment’ means the surroundings within which humans exist and that are made
up of―
(i) the land, water and atmosphere of the earth;

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(ii) micro-organisms, plant and animal life;

(iii) any part or combination of (i) and (ii) and the interrelationships among and
between them; and
(iv) the physical, chemical, aesthetic and cultural properties and conditions of the
foregoing that influence human health and wellbeing.

[Link] Sustainable development

Learning unit 2 explains that the concept of sustainable development is defined in
section 1 of the NEMA. The concept refers to the integration of social, economic and
environmental factors into the planning, implementation and decision-making involved,
so as to ensure that the development concerned serves both present and future
generations.

The link or connection between environmental governance and sustainable

development is an important one. Nel and Du Plessis include sustainable
development in their definition of environmental governance:

The collection of legislative, executive and administrative functions,

processes and instruments used by government to ensure sustainable
behaviour by all as far as governance of environmental activities,
products, services, processes and tools are concerned.

Another definition of environmental governance is provided by Kotzé. His definition

also confirms the link between environmental governance and sustainable
development, namely:

A management process executed by institutions and individuals in the

public and private sector to holistically regulate human activities and the
effects of human activities on the total environment (including all
environmental media, and biological, chemical, aesthetic and
socioeconomic processes and conditions) at international, regional,
national and local levels; by means of formal and informal institutions,
processes and mechanisms embedded in and mandated by law, so as
to promote the present and future interests human beings hold in the
environment.

On revisiting section 24 of the Constitution, you should note that, whereas subsection
(a) has general implications, subsection (b) explicitly orders the state to take certain
measures to realise the guarantee declared in the first part of the section. Subsection
(b), furthermore, places a duty on the state to ensure sustainable development by

(i) protecting the environment for the benefit of present and future generations
(ii) in so doing, taking measures that "secure ecologically sustainable
development …"

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Section 24(b), therefore, places a duty or responsibility on the state to "make

decisions" to ensure the protection of the environment. This implies that the
government must perform its governance function in such a manner as to help ensure
sustainable development. Therefore, a clear link exists between the issue of
environmental governance and section 24 of the Bill of Rights. Giving effect to
section 24, therefore, forms part of environmental governance.

7.4.2 Cooperative environmental governance

Learning unit 3 showed that section 40(1) of the Constitution states that the
government consists of three interdependent and interrelated spheres, namely the
national, the provincial and the local (municipal) spheres. Importantly, some functions
of government are shared between the three spheres. See the figure below.

Figure 7.1: The sharing of government functions between the three spheres of government

The Constitution, via its Schedule 4 and Schedule 5, provides a list that indicates which
specific matter falls under which government sphere (national, provincial or local). In
other words, the list allocates the responsibility for a specific function to a specific
sphere of government. The list includes the administration of environmental matters.

Schedule 4 lists the functional areas of concurrent national and provincial

competence, while schedule 5 lists the functions of exclusive provincial competence.
Notably, both schedules are divided into Parts A and B. Part B of each list refers to
local (municipal) competence.

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Activity 7.1: Read through the two lists given below, and note the headings and items
listed.

Schedule 4: Functional Areas of Concurrent National and Provincial Legislative

Competence

Part A Part B
Environment Air pollution
Animal control and disease Municipal health services
Administration of indigenous forests Stormwater management systems in
built-up areas
Agriculture Trading regulations
Cultural matters Water and sanitation services limited to
potable water supply and systems and
to domestic wastewater and sewage
disposal systems
Health services
Nature conservation, excluding national
parks, national botanical gardens and
marine resources
Pollution control
Regional planning and development
Soil conservation
Tourism
Trade
Urban and rural development

Schedule 5: Functional Areas of Exclusive Provincial Legislative Competence

Part A Part B
Provincial planning Beaches and amusement facilities
Provincial cultural matters Billboards and the display of
advertisements in public spaces
Provincial recreation and amenities Cemeteries
Provincial roads and traffic Cleansing
Control of public nuisance
Municipal parks and recreation
Municipal roads
Noise pollution
Refuse removal, refuse dumps and solid
waste disposal

As an example of the above, "Pollution control" is listed in Part A of Schedule 4,

whereas "Air pollution" is listed in Part B of the same schedule. The implication is that
pollution, in general, is a concurrent matter (being both national AND provincial in
its nature), while air pollution, being a Part B matter, is linked to municipal
competence.

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Furthermore, the departments that deal with environmental matters are found in
different spheres of government, as you can see below:

• National: The national departments involved are the Department of

Environment, Forestry and Fisheries; the Department of Water and Sanitation;
the Department of Mineral Resources; and the Department of Energy.
• Provincial: At provincial level, the respective environmental directorates are
located in different directorates in the respective provinces. A list of the nine
provinces and of the respective directorates appears below.

Provincial environmental and nature conservation departments

Eastern Cape – Department of Economic Development, Environmental Affairs and Tourism

Free State – Department of Economic Affairs, Small Business Development, Tourism and
Environmental Affairs

Gauteng – Department of Agriculture and Rural Development

KwaZulu-Natal –Department of Economic Development, Tourism and Environmental Affairs

Mpumalanga – Department of Economic Development, Environment and Tourism

Northern Cape –Department of Environment and Nature Conservation

Limpopo – Department of Economic Development, Environment and Tourism

North West – Department of Rural, Environmental and Agricultural Development

Western Cape –Department of Environmental Affairs and Development Planning

Note that the provincial departments that deal with environmental matters are part of,
or fall under, the departments of nature conservation, heritage and cultural resources
and agriculture, among others.

• Local: The local authorities (i.e. the municipalities) administer various

atmospheric emissions licensing, protected areas and town planning
instruments (such as zoning schemes) and the by-laws on nuisance, among
others.

The preceding paragraphs introduced you to the national, provincial and local
government spheres and to a number of organs of state (e.g. national and provincial
departments, etc). Section 41(1) of the Constitution directs all spheres of government
and organs of state to cooperate with one another in the following ways:
41. (1) All spheres of government and all organs of state within each sphere must—
(h) co-operate with one another in mutual trust and good faith by—
(i) fostering friendly relations;
(ii) assisting and supporting one another;
(iii) informing one another of, and consulting one another on, matters
of common interest;

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(iv) co-ordinating their actions and legislation with one another;

(v) adhering to agreed procedures; and
(vi) avoiding legal proceedings against one another.

As the cooperative governance principles concerned are constitutional principles, they

must, therefore, also be followed in the environmental legislation, statutes and other
legal instruments. The following section considers how the NEMA incorporates the
cooperative governance principles involved.

7.4.3 NEMA and cooperative environmental governance

NEMA provides an outline for coordinating the environmental roles performed by
the different spheres of government. NEMA’s aim is enhanced coordination between
national departments (at the horizontal level) and between the national and provincial
spheres of government (at the vertical level).

NEMA provides for procedures for cooperative governance, consisting of a

programme of environmental management plans and implementation plans. The
whole environmental administration (in the government) has to comply with the
provision. The purpose and the objects of the plans are, among others, aimed at

• coordinating and harmonising the environmental policies, plans,

programmes and decisions of the various listed national departments and of
the provincial and local spheres of government, so as to minimise the
duplication of procedures and functions, and so as to promote consistency
• giving effect to the principle of cooperative government in Chapter 3 of the
Constitution
• securing the protection of the environment across the country as a whole
• preventing any unreasonable actions by the provinces in respect of the
environment that are prejudicial to the economic or to the health interests of
the other provinces or of the country as a whole

In addition, a number of provisions in Chapter 5 of NEMA can be identified as giving

effect to cooperative environmental governance. They include the following:

• Provision is made for the establishment of a central point (i.e. a competent

authority) in each province to deal with environmental applications,
authorisations and licences in a coordinated manner.
• Section 24(4)(a) stipulates that, in every application for an environmental
authorisation, the organs of state must coordinate and cooperate with one
another in considering those assessments where an activity falls under the
jurisdiction of more than one organ of state.
• Section 24(4)(b) stipulates that every application for an environmental
authorisation must include, where applicable, an investigation and an
assessment of the impact of any proposed listed or specified activity on certain
national estates, in terms of the National Heritage Resources Act 25 of 1999.
• Section 24K provides for consultation between the competent authorities
where authorisation is required in terms of NEMA and in terms of other
legislation, so as to be able to coordinate the respective requirements of such

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legislation, and so as to avoid duplication of effort.

• Section 24L provides for the alignment of environmental authorisations. If
the listed or specified activity is also regulated in terms of another law or in
terms of a SEMA, the authority that is thereby empowered to authorise the
activity and the competent authority that is empowered under NEMA in respect
of that activity may exercise their respective powers jointly. Such joint
exercising of power may be attained by means of issuing either separate
authorisations or an integrated environmental authorisation.

7.5 INSTITUTIONS AND ROLE PLAYERS

The numerous institutions and role players that form part of, or that fulfil, environmental
governance roles in South Africa include both public and private institutions, as well as
civil society organisations. Public institutions (of the government or state) comprise the
bulk of such institutions. However, the role and number of NGOs are increasing, and
such bodies are set to continue to play an important role in environmental governance
in South Africa.

Those public (government or state) institutions that form part of environmental

governance in South Africa can be found within the following framework:
• the branches of government (the executive, the legislature and the judiciary)
• the South African government (consisting of the national, the provincial and the
local/municipal government)
• the courts and the judiciary (the Constitutional Court, the Supreme Court of
Appeal, the High Court, the magistrates’ courts and the specialist courts
• The Environmental Management Inspectorate (EMI)
NGO and other role players consist of the following bodies:

• environmental practitioners
• members of the scientific community
• the media

The following sections list and briefly describe those public (government or state)
institutions and NGOs that comprise environmental governance in South Africa.

7.5.1 Public institutions

The day-to-day running of the state is done by a number of government departments,
officials, administrators, organs of state, functionaries and institutions. Collectively, the
bodies concerned constitute the public or state administration. One of the many tasks
of public administration is the implementation of legislation dealing with a range of
matters, including basic services, health matters and environmental issues, among
others. As environmental law is a relatively recent branch of law, its main source is
legislation, which means that the state or the government is a central actor in the
administration of environmental matters.

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[Link] Environmental Management Inspectorate

So as to enhance compliance with, and the enforcement of, environmental legislation,
and so as to streamline the monitoring of, and to promote the effective enforcement
within, the administration, Chapter 7, Part 2 of the NEMA provides for the appointment
of environmental management inspectors (EMIs). The inspectors are tasked with
enforcing NEMA’s provisions, as well as with enforcing the provisions of other SEMAs,
like the NEM: PAA, the NEM: BA, the NEM: WA, the NEM: AQA, the NEM: ICMA, the
Environment Conservation Act 73 of 1989, the National Water Act 36 of 1998 (NWA)
and the World Heritage Convention Act 49 of 1999 (see learning unit 4).

NEMA contains detailed provisions on the mandates, functions and powers of EMIs.
Section 31G provides that an EMI must monitor and enforce compliance with the law
for which they have been made responsible. The inspectors are authorised to
investigate any offence committed in terms of the law, any breach of the law, and any
breach of a term or condition of a permit, authorisation or any other instrument (e.g. a
licence) issued in terms of the law. As already mentioned, the law in this instance is
currently the NEMA, the NEM: BA, the NEM: PAA, the NEM: WA, the NEM: ICMA, the
NEM: AQA, and other such legislation.

Besides their general powers, which include the questioning of suspects, the
issuing of written notices where those concerned refuse to answer the questions
asked, the inspecting and copying of any relevant book or document, and the
taking of photographs and samples that are relevant to any investigation, the
EMIs have the following specific powers:

• Theymay issue a compliance notice if a person has not complied with a term or
condition of a permit, authorisation or licence, or with the provisions of any
environmental legislation. A person who receives a compliance notice, and who
wishes to lodge an objection to the notice may make representations to the Minister
or to the MEC concerned. The permit/authorisation/licence concerned may be
revoked by the relevant Minister or MEC if a person fails to comply with a
compliance notice.
• Non-compliance with a compliance notice may also result in criminal
prosecution (see learning unit 9 on criminal measures).
• An EMI has the power to seize any item, as well as to stop, enter and search
vehicles, vessels and aircraft.
• EMIs can carry out routine inspections on buildings, land or premises to ascertain
whether there is compliance with the existing legislation and with any permit or
authorisation issued.

EMIs, which are organs of state, perform administrative action when, for example,
issuing a compliance notice (see learning unit 8).

[Link] The South African Police Service (SAPS)

The Ministry of Police provides the necessary powers to the South African Police
Service (SAPS) to enforce and investigate environmental offences. Of particular
relevance is where the crime concerned is of an organised nature. The institutions
within the SAPS that play a role in fighting environmental crimes include:
• the Endangered Species Desk
• the Detective Services
• the units that specialise in handling specific crimes (e.g. organised crime)

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The Directorate for Priority Crime Investigation (the DPCI, also known as the Hawks)
usually focuses on environmental crimes of an organised nature, including
transnational environmental crimes (wildlife- and pollution-related crimes). As
environmental crimes are global in nature, the SAPS frequently works together with
the International Criminal Police Organization (Interpol) in solving such cases.

In its fight against environmental crime, the SAPS fulfils a number of different functions,
including
• gathering crime intelligence
• controlling the borders and points of entry
• supplying forensic science services

The SAPS also uses its dog (K9) units to detect the transport and smuggling of rhino
horn, ivory, rock lobster (crayfish) and abalone.

The SAPS website contains newsfeeds, in the form of media statements regarding
environmental crimes. See the following links:
• [Link]
• [Link]
• [Link]

[Link] SANParks
The various functions of the South African National Parks (SANParks), including the
management of the national parks, are governed by the NEM: PAA. Furthermore,
the SANParks officials enforce the relevant environmental legislation with regard to the
assigned protected areas.

[Link] The National Wildlife Crime Reaction Unit

As the main aim of the National Wildlife Crime Reaction Unit (NWCRU) is to detect
and investigate the smuggling of wildlife and wildlife products (particularly rhino
horn), it works closely with SANParks to counter such activity. In addition to the SAPS
having an endangered species coordinator for each province, select SAPS teams
focus specifically on countering rhino poaching and similar activities.

[Link] The National Biodiversity Investigators Forum

The National Biodiversity Investigators Forum (the NBIF), which administers NEM: BA,
coordinates and acts as a contact point for all biodiversity-related law enforcement
information. In other words, the NBIF collects, accesses and distributes
enforcement information to specific subgroups of the forum.

[Link] The Department of Water and Sanitation

Officials of the Department of Water and Sanitation enforce the NWA at both the
national and regional level. Catchment management agencies (CMAs) also have
certain administrative enforcement powers.

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[Link] The South African Revenue Service

The South African Revenue Service (SARS) plays a role in environmental enforcement
by way of its border controls, in terms of which it investigates
• tax evasion in relation to the proceeds of environmental crime
• customs and excise contraventions (both import and export)

[Link] Local government

Local government has a number of environmental enforcement functions. Municipal
enforcement officials play a key role in environmental enforcement, particularly in
relation to pollution, waste, health and nuisance.

7.5.2 Non-governmental organisations and other role players

Non-governmental organisations (NGOs) are legally established organisations that are
created by private persons. The organisations have NO representation in or by the
government. NGOs that focus on environmental matters play a key role within
environmental governance, due to the following factors:

• NGOs have the necessary legal standing (locus standi) to bring

environmental issues to court (i.e. to participate in litigation). They can do so
when acting in the public interest and/or when acting in the interest of the
environment itself.
• As NGOs usually work with and have strong links with the local
communities, they tend to have access to sources of information and to
knowledge on environmental matters (like pollution, etc), specifically within a
certain community or area. They are, therefore, well placed to promote
awareness regarding, and to rally opinion on, environmental governance
issues.
• NGOs have human capital, in the form of skilled and expert personnel, to
undertake research and to publish reports, articles and briefings, as well as
similar material, on environmental matters. Their research findings and their
expert knowledge on environmental governance matters are a source of
information not only to the general public, but also to the government
authorities concerned. In many instances, their government partners provide
support and training within the ambit of NGO projects and initiatives. In such
a way, cooperation occurs between NGOs and the government.
• An NGO like the Society for the Prevention of Cruelty to Animals (SPCA) is
mandated to enforce the Animals Protection Act 71 of 1962 and related
legislation. In other words, it plays an enforcement role in terms of
environmental governance.
• Examples of NGOs include (among others): the Centre for Environmental
Rights (CER); the Wildlife and Environment Society of South Africa (WESSA);
the Endangered Wildlife Trust (EWT); Earthlife Africa; groundWork; the WWF;
Trade Records Analysis of Flora and Fauna in Commerce (TRAFFIC); and the
Environmental Monitoring Group (EMG).

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[Link] Environmental practitioners

Environmental practitioners, like environmental managers, environmental auditors,
environmental lawyers and EIA practitioners all have key roles to play within
environmental governance. They tend to be knowledgeable on both the general and
the specific aspects of environmental management, which enables them to educate
and assist their clients on

• prescribed legal requirements and standards

• how to comply with such requirements and standards
• the taking of action against those who fail to comply with the set
requirements and standards
As environmental practitioners have experience and skills within the private sector,
they are well-equipped to assist with alternative compliance and enforcement
measures (e.g. voluntary compliance measures and incentive- based measures).
Such measures include corporate social responsibility programmes, environmental
labelling schemes and environmental management systems and agreements.

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[Link] Scientific community

Academics and independent researchers form part of the scientific community that
also plays an important role in environmental governance. Their role consists of

• furthering academic debate on environmental compliance and enforcement

issues
• undertaking research on general and specific environmental compliance and
enforcement issues
• making research available to the public and private sector, which enables
research findings to be taken up in environmental policy and in the legislative
process (taking such findings from idea to formally adopted legislation)
• assisting the government with legislative reform on environmental issues (in
terms of compliance and enforcement)
• training both public and private role players involved in environmental
compliance and governance, by way of conducting discussions, workshops
and seminars, among other forms of instructional sessions

[Link] The media

As the media (consisting of different communication formats, ranging from traditional
print, through broadcasting, to the digital and social media) gather and communicate
information to the general public, it is an important influencer on multiple general and
environmental matters. Reporting by the media should be based on sound, objective
(neutral) and accurate information. (The dangers of inaccurate and subjective
reporting, or the creation of “fake news”, cannot be overstated.)
The media positively impacts on environmental governance by way of the publication
of negative or favourable press, consisting of the following:

• Reporting on non-compliance and environmental crimes negatively impacts

on the reputation and legitimacy of the offender. Accordingly, it drives future
compliance. (Negative press and consumer attitudes, as well as naming and
shaming, are linked to share price, and, therefore, to a company’s profitability.)
• Reporting on “good” environmental compliance (in terms of promoting
favourable press) promotes the reputation and legitimacy of the bodies and
organisations concerned (particularly in the commercial sector). In turn, such
favourable reportage leads to further compliance (again, particularly in the
commercial sector, where favourable press leads to an increase in
consumer demand, and, therefore, to increased profitability).

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QUESTIONS FOR SELF-EVALUATION

1. Explain why environmental governance is necessary. (5)

2. Describe the relationship between environmental governance and sustainable
development. (10)
3. Explain the role and importance of the principle of cooperative environmental
governance. (10)
4. Apart from the “environmental” right set out in section 24 of the Constitution,
the Bill of Rights contains other rights that could be applicable to
environmental governance. Name any three and motivate why you think they
are applicable in this context. (15)
5. Discuss how the NEMA gives effect to cooperative environmental
governance. (10)
6. Discuss the role of non-governmental organisations in environmental
governance. (5)
7. Identify which stakeholder or institution plays the biggest role in environmental
governance in South Africa. Motivate your answer.
(15)
[Total = 70]

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