

Chapter 3



HOW SHOULD WE MANAGE OUR ENVIRONMENT?

In South Africa we have many laws protecting the environment. But all these laws were put together in bits and pieces over many years. They looked after the white minority best. We need to change these laws so that they protect the environment in the interests of everyone.

Some of the laws and methods that we use to protect the environment are like those used in rich countries in Europe or America. But South Africa is not like those countries. We must find ways of protecting our environment that suit our needs, and which we can afford. We must also find ways of bringing different groups together to protect our environment - including industry, trade unions and community-based organisations.

Many people have written about our environmental problems. Many people agree on the main problems that we must deal with. But not everyone agrees on the best way to fix these problems.

What are the biggest problems in the way we look after the environment now?

Our environmental policy is broken up into small pieces

Environmental policy touches on lots of other areas, such as farming, transport, providing electricity, building houses. We need one environmental policy that guides all these areas. If we don't have this, our natural resources will be over-used and wasted.

Many different government departments look after the environment in some way. For example, the Department of Water Affairs controls water pollution. The Department of Environment Affairs controls air pollution. The Department of Mineral and Energy Affairs controls damage to the environment from mining. Under the interim Constitution, looking after the environment is mainly the job of provincial governments.

Management of the environment is broken up between all these different departments. There is not one special department whose job it is to look after our environment. Because of this, lots of damage has been done to our environment.

Government departments have to check on themselves

There are some government departments which must encourage certain activities, as well as make sure that these activities don't damage the environment. For example, the Department of Agriculture encourages farming. But sometimes the way farming is done can be bad for the environment. So, it is difficult for the Department of Agriculture to encourage farming and protect the environment.

Making sure that people obey the laws

We don't have enough well trained inspectors to check that factories, farms, and businesses are not breaking the laws that protect our environment. Sometimes, if someone is caught breaking the law, the fine that they are given is so small that they don't mind. Not enough people are taken to court for breaking environmental laws.

Lack of information

It is often difficult to get information about pollution from government departments or from the factories causing the pollution. Environmental groups, civic organisations and trade unions are demanding that they be given this information. This information is important for us to understand the health risks from the pollution.

Too few trained people

We have very few properly trained people to work in the government to protect our environment. There are particularly few black people or women. The government does not pay very good salaries. Many well trained people would rather work for industry. We need to set up more courses at universities and technikons to train the staff that we need.

The role of national and provincial departments

Environmental management should usually take place at a local level. At the moment there is too much control at national level. As the provincial departments get better organised they will do more to protect the environment. But provincial and local governments must be given enough money to employ trained people to protect the environment.

Not enough public participation

In the past the public were not consulted when environmental policy or laws were made. Black people were the most excluded from these decisions. But interest in environmental issues is growing in South Africa. The public want to be consulted when policy and laws are made. The public and workers are also demanding that they should be told about pollution, use of dangerous chemicals, and so on.

Partnerships between communities, workers, and NGOs can be very powerful. Also, when people have been part of writing policy, they are committed to making that policy work.

In the past, communities were not involved in checking that the environment was protected. Women, in particular were ignored. But women should be very involved in making decisions about the environment. Women suffer the most when the environment is damaged. Rural women spend long hours searching for wood and carrying water. This is often bad for their health. Also, women look after the health of the family, keep the house clean, and prepare the food. They are therefore very important in building a safe and healthy environment.

The community should not just be consulted about development and about protecting the environment. They should also be part of managing development. This helps them take control of their own lives, and the environment in which they live.

A weak "champion" for the environment

The Department of Environmental Affairs and Tourism is weak, and does not have enough well trained staff to protect our environment properly.

Also, it is not seen by other government departments as an important department. This makes it very difficult for it to protect our environment properly. This means that the "precautionary principle" might get ignored because of what other departments want to do. This could cause a lot of damage to our environment.

In the United States, they have a government body called the Environmental Protection Agency. This is a powerful body that protects the environment. Every country should have a government body that can speak loudly about protecting the environment. This body should have strong laws to give it 'teeth'. It should have a large, well-trained staff. But all this costs money.

We need a stronger agency than the Department of Environment Affairs. We also need a different approach to managing the environment. We need strong laws to protect the environment; enough staff to make sure that people obey these laws; public support for the protection of the environment; and accountability to the public. We also need to do research so that we understand environmental problems properly and can work out how to deal with them.

Recommendations

Commissioner for the Environment

A national Commissioner for the Environment should be appointed. This person should make sure that the environment is protected. The Commissioner could also investigate whether an activity was against the environmental rights of South Africans. The Commissioner should be able to investigate the actions of government departments.

The Office of the Environmental Commissioner would be the "environmental ombudsman". This Office should be small and work efficiently. It should be independent of other government departments. It should report to the President and to Parliament every year about its investigations. The Environmental Commissioner's Office could be in the Office of the Public Protector.

Forums on Environment and Development

Advisory bodies should be established at national, provincial and local levels. These bodies would give input from civil society to the government about environmental issues and policy, and about sustainable development. They could also make sure that environmental issues are included in all RDP projects. They could suggest areas in which research or action were needed.

These advisory forums would consist of people from different sectors of society interested in protecting the environment. They would not be groups of 'experts'. If necessary, community based organisations should be subsidised so that they can take part in these forums.

Environmental Monitoring and Extension Agency (EMEA)

Many different departments have staff who check whether environmental laws are being broken. They also have staff who teach people about protecting the environment. These include Resource Conservation Inspectors and Agricultural Extension Officers of the Department of Agriculture; Provincial Nature Conservation Officers and Sea Fisheries Inspectors; Air Pollution Inspectors from the Department of Environment Affairs; and Water Pollution Inspectors and Foresters from the Department of Water Affairs and Forestry.

All these staff should be put into one organisation. This would be the Environmental Monitoring and Extension Agency (EMEA). It would report to the Minister for the Environment.

The EMEA should look at environmental protection as a whole. It should not just look at water pollution, or air pollution.

There should be close links between this body and bodies dealing with occupational health. This body should also do environmental education.

This body should be independent. It should have well trained staff. And it should have strong laws that it can use. Members of communities and trade unions could report environmental problems to this body, which could then do further investigations.

The EMEA should work closely with industry, mines, farmers, trade unions, and other government departments. Together these groups could help to set targets and plans to protect the environment better. The EMEA should make sure that environmental issues are included in all RDP activities.

The EMEA should have a group of inspectors who work at local level. These inspectors should call in more highly trained inspectors when necessary. These inspectors should have enough resources to make sure that no one is breaking environmental laws. They should also be prepared to develop new ways of protecting the environment for the benefit of all South Africans

Improving the laws protecting the environment

The interim Constitution gives all South Africans the right to an environment which does not damage their health. It also gives all South Africans the right to information to protect this right. It divides control of our environment between national, provincial and local government. Our environmental laws must be rewritten to fit in with all these changes.

We should also rewrite all the different laws into one law about the environment. We can learn from other countries about how to do this properly.

We must make it easier for the public to go to court about environmental issues. We must also look at whether government departments should be able to take each other to court.

All government departments and industries should report on how they affect the environment. For example, they should report on what natural resources they use, what waste they produce, and how this affects the environment.

Environmental Assessment and Review Process

Big developments should have to have an Environmental Impact Assessment. This should be done according to Integrated Environmental Management (IEM) procedures. The guidelines and rules for IEM should be made stronger.

A special Office for Environmental Assessment and Review should be set up. This office would make sure that environmental impact assessments were done properly.

Better integrated environmental administration

The systems that the government uses to protect the environment must be made to work better. A smaller number of departments should be responsible for looking after environmental management. But we must study this problem more carefully in order to find a good way to do this.

We must also make sure that the processes used are right. By process, we mean such things as being able to get good information on which to make decisions. We also mean developing good relationships between government and other groups, especially industry, trade unions, NGOs and community based organisations.

One possibility would be to make a Department of Natural Resources. This department would look after water, air and land resources. This is the system that they have in Uganda.

Another possibility is that we should have a Department of Environment Affairs and Planning. This would mean that environmental issues would be included into all planning for the country.

A third possibility would be a Department for Sustainable Development. In this department, all the important issues could be brought together. This idea is very difficult to put into practice.

A stronger Department of Environment

The Department of Environment Affairs must be made stronger. It should be able to insist that other departments consult with the Minister for Environment before doing anything that affects the environment. The Department also needs more well-trained staff.

The government must recognise the importance of good environmental management to the country. Government officials must also learn to accept input from civil society.




