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The document is a comprehensive guide for small-scale fishing communities in South Africa to exercise their environmental rights. It details the legal framework—including the Constitution and the National Environmental Management Act (NEMA)—and explains how communities can engage in Environmental Impact Assessments (EIAs) and legislative processes. It specifically warns against the risks of offshore oil and gas exploration, mining, and the impacts of climate change, using case studies like the Deepwater Horizon spill and the 2022 Durban floods to illustrate environmental and socio-economic vulnerabilities. The guide provides practical steps for accessing information via the Promotion of Access to Information Act (PAIA) and highlights successful legal challenges against companies like Shell and Searcher to demonstrate the power of collective community action.

Key insights

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  • South African citizens have a constitutional right to an environment that is not harmful to their health or well-being, and to the protection of the environment for present and future generations through legislative and other measures.
  • The National Environmental Management Act (NEMA) requires that environmental justice be pursued to ensure that negative environmental impacts do not disproportionately affect people, particularly those who are disadvantaged or unable to protect themselves.
  • Climate change disproportionately affects fishing communities through altered fish migration patterns, increased storm intensity, and rising sea levels, with Africa warming faster than other global regions.
  • The 2022 Durban floods serve as a case study for the catastrophic impact of extreme weather on vulnerable populations, resulting in 459 deaths, over 4,000 destroyed homes, and approximately 40 billion rand in infrastructure and business damages.
  • Communities can legally challenge environmental authorizations by registering as Interested and Affected Parties (I&APs) during the Environmental Impact Assessment (EIA) process and by utilizing the Promotion of Access to Information Act (PAIA) to obtain necessary project data.
  • Legal precedents in South Africa, specifically cases against Shell and Searcher, have affirmed that consulting only with traditional leaders (Chiefs) is insufficient for meaningful community participation, as the community is a distinct entity from the Chief.

Cite the original document

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} }

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