At the Confluence of African Development and Environmental Protection: South African Courts and the Rebalancing of Power Dynamics
摘要
The existence of power imbalances in governance is undeniable, and these dynamics are particularly pronounced in the environmental domain, where developmental interests often clash with community-oriented or general environmental concerns. With the African Charter on Human and Peoples’ Rights, 1981 recognising the dual need for development and environmental protection and Africa’s population set to rise, energy demands will inevitably increase, and a likely upsurge in land and environment contestations. This upsurge is already evident in the rise of environmental activism, fuelled by expertise from non-governmental organisations and spurred by a growing ecological consciousness within communities. These communities are beginning to realise the power of their numbers and the effectiveness of using legal mechanisms to challenge both state-led and privately associated development activities. At the heart of this convergence of interests lie the courts, which have the potential to shape the direction of governance through their resolution of environmental disputes. Using the South African courts as a contextual backdrop, this chapter illustrates the significant role that courts can play in navigating the complex interplay between development and environmental protection.