UBULUNGISWA BEZOLWANDLE

This guide, published by Natural Justice in March 2025, provides small-scale fishing communities in South Africa with a framework for seeking "ocean justice." It details the legal rights of citizens to a healthy environment, the regulatory processes for environmental impact assessments (EIAs), and the risks associated with offshore oil, gas, and mining activities. The document emphasizes the importance of community participation in law-making and the use of legal tools like the Promotion of Access to Information Act (PAIA) to challenge industrial developments that threaten biodiversity, traditional livelihoods, and cultural heritage.

• Environmental justice is defined as a state where all individuals equally use, enjoy, and protect natural resources, ensuring that those affected by decisions regarding nature are represented and consulted. It serves as a tool for marginalized communities to advocate for their right to live in a healthy environment.
• The South African Constitution provides the primary legal basis for environmental rights, specifically Section 24, which guarantees the right to an environment that is not harmful to health or well-being and requires the protection of the environment for present and future generations.
• The National Environmental Management Act (NEMA) mandates that environmental justice be pursued to prevent adverse effects from being distributed in a discriminatory manner, particularly against those unable to protect themselves. It requires Environmental Impact Assessments (EIAs) for specific activities to evaluate potential harm and implement mitigation measures.
• Offshore oil and gas exploration and production pose significant risks to marine biodiversity and coastal communities, including oil spills, noise pollution from seismic surveys, and the destruction of benthic habitats. The document cites the 2010 Deepwater Horizon spill in the Gulf of Mexico as a primary example of the catastrophic potential of such activities.
• Climate change is exacerbated by the fossil fuel industry, which contributes 42% of greenhouse gases. The guide warns that to limit global warming to 1.5°C, a vast majority of known fossil fuel reserves—including over 80% of coal—must remain unused by 2050, suggesting South Africa should cease oil and gas exploration.
• Community participation in the legislative process is a constitutional safeguard against the marginalization of disadvantaged groups. The guide outlines the progression from a Green Paper (initial framework) to a White Paper (detailed policy) and finally to a Bill (proposed law) that is debated in the National Assembly (NA) and National Council of Provinces (NCOP).
• The Promotion of Access to Information Act (PAIA) allows citizens to request information from government and private entities to protect their rights. Specifically, information regarding the results of environmental tests or investigations cannot be withheld if its disclosure would reveal a serious danger to public safety or the environment.
• Legal challenges by fishing communities against companies like Shell (Wild Coast) and Searcher (West Coast) demonstrate that courts can block exploration if community consultation is inadequate. The courts ruled that consulting only traditional leaders (Chiefs) does not constitute sufficient community participation.

APA

Natural Justice (2025). UBULUNGISWA BEZOLWANDLE. https://naturaljustice.org/wp-content/uploads/2025/05/OCEANJ1-2.pdf

Chicago

Natural Justice. UBULUNGISWA BEZOLWANDLE. 2025. https://naturaljustice.org/wp-content/uploads/2025/05/OCEANJ1-2.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=UBULUNGISWA BEZOLWANDLE |date=March 2025 |url=https://naturaljustice.org/wp-content/uploads/2025/05/OCEANJ1-2.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljustice2025ubulungiswa, author = {{Natural Justice}}, title = {{UBULUNGISWA BEZOLWANDLE}}, institution = {Natural Justice}, year = {2025}, month = mar, url = {https://naturaljustice.org/wp-content/uploads/2025/05/OCEANJ1-2.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }