Expanding on Lemine’s “The Efficiency of Section 2(4)(L) of the National Environmental Management Act in the Context of Cooperative Environmental Governance”

Abstract

This contribution provides further insights into matters raised in a previously published contribution titled “The Efficiency of Section 2(4)(l) of the National Environmental Management Act in the Context of Cooperative Environmental Governance” (Lemine 2021 42(1) Obiter 2162). The earlier contribution focused primarily on ascertaining whether the wetland framework, albeit in different pieces of legislation and policies, was in fact uncoordinated. From that perspective, the institutional challenge was based on the action required arising from such a framework. The new insights offered in this contribution provide a broader basis for the interpretation, application and fulfilment of section 2(4)(l) of the National Environmental Management Act (107 of 1998) (NEMA) in the context of wetland resources management.
Lemine’s earlier contribution offered significant insights into understanding aspects of wetland management issues in relation to section 2(4)(l). However, the authors of the current contribution have extended the scope of the interpretation of section 2(4)(l) to include wetlands management in South Africa and as applied elsewhere. It is posited that this triangulation of sciences and perspectives addresses omissions in the previous contribution.
In light of the above, this contribution considers wetland management also through the lens of first-generation rights, rather than exclusively as an issue affecting third-generation rights, for instance. Such a focus provides a platform for considering the relationship between persons with disabilities and specific areas (namely wetlands) that are vulnerable to flood disasters. The note considers the impact on this relationship of the realisation of the two-fold meaning of “environment” (built and natural) (Glazewski Environmental Law in South Africa (2023) 4), and contributes towards the importance of the wise use of wetlands.
The “harmonisation of policies, legislation and action” relating to wetland management, and persons with disabilities is a fundamental point in this contribution. “Harmonisation” is considered in an extraterritorial context under existing agreements, protocols, conventions, goals and institutions. This consideration casts the net wider than across only a South African context or a purely environmental perspective, as illustrated by Lemine (Lemine 2021 Obiter 169–172). Also, “harmonisation of policies, legislation and action” is not limited to coordinated South African legislation and policies to promote the improved management of wetlands (Lemine 2021 Obiter 169–172). This note gives consideration to regional and international actors, demonstrating the long reach of section 2(4)(l).