Plessis, Willemien du; Nel, Johan --- "Driving Compliance to and Enforcement of South African Legislation by Means of a Hybrid of ‘New’ Environmental Governance Instruments" [2011] ELECD 315; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 11

Section Title: Driving Compliance to and Enforcement of South African Legislation by Means of a Hybrid of ‘New’ Environmental Governance Instruments

Author(s): Plessis, Willemien du; Nel, Johan

Number of pages: 28

Extract:

11. Driving Compliance to and Enforcement
of South African Legislation by Means
of a Hybrid of "New" Environmental
Governance Instruments
Willemien du Plessis* and Johan Nel**


1. INTRODUCTION

The introduction of "new" environmental management and governance
instruments, other than command and control measures, is according to Jordan,
Wurzel and Zito l "an attempt by states to share their steering capacity with other
actors." Several authors argue that it is not solely the duty of the state to find
solutions for complex environmental problems and that various stakeholders
should cooperate to achieve this?
The Constitution of the Republic of South Africa, 19963 (Constitution) states
that government may realise the right to an environment that is not detrimental to
one's health and well-being "through reasonable legislative and other measures to
prevent pollution and ecological degradation, promote conservation and secure
ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development." It has been argued that
"other measures" may include alternative instruments to achieve policy
objectives including "new" environmental management instrument. 4
Environmental management (or governance) instruments are traditionally
classified according to the mechanisms designed to direct and drive behavioural
change. 5 This mechanism based model normally differentiates between command
and control instruments,6 civil based instruments/ fiscal or economic
instruments 8 and instruments dealing with agreements. The authors propose that
the term 'agreement-based tools' be changed to 'relationship-based tools' to
provide for all classes of "new" tools that manage relationships9 (including
mechanisms for conflict ...