du Plessis, Anél --- "Environmental Compliance and Enforcement Measures: Opportunities and Challenges of Local Authorities in South Africa" [2011] ELECD 319; 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 15

Section Title: Environmental Compliance and Enforcement Measures: Opportunities and Challenges of Local Authorities in South Africa

Author(s): du Plessis, Anél

Number of pages: 26

Extract:

15. Environmental Compliance and
Enforcement Measures: Opportunities
and Challenges of Local Authorities in
South Africa
Anel du Plessis*


"One of the most difficult problems in law in general is knowing whether and
how rules are or are not implemented. ,,1 - Alexandre-Charles Kiss

1. INTRODUCTION

At the heart of the statement by Kiss may stand the idea of effective compliance
with and enforcement of law. It is widely accepted that compliance and
enforcement activities are essential for the effective realization of environmental
legislation. 2 Internationally a number of traditional approaches to compliance and
enforcement in international and domestic environmental law exist (e.g., the
command and control, prohibit and punish, and threats and promises
approaches)? Increasingly, however, novel and alternative strategies, ideas, and
approaches are put on the table (e.g., compliance assistance and incentives, self-
regulation, negotiated rule-making, and compliance management systems).
Countries therefore inevitably become exposed to progressive environmental
regulatory reform. 4
The post-constitutional environmental law dispensation in South Africa has
been characterized by the creation of comprehensive and impressive
environmental framework legislation,5 as well as issue-specific environmental
laws. 6 The legislature accordingly busies itself with the development of a sound
regulatory framework in support of the environmental clause contained in section
24 of the Constitution of the Republic of South Africa, 1996 (the Constitution).7
Coupled with fast expansion of environmental regulatory reform is an increased
emphasis on the important role of the local sphere of government in South
African environmental law. 8 ...