Mass balloon releases are illegal in South Africa

05 February 2016

One of the ways in which the National Environmental Management Act, 107 of 1998 (NEMA) gives effect to the environmental right in section 24 of the Constitution  is by imposing a duty of care on every person to take reasonable measures to avoid causing significant pollution or degradation of the environment (NEMA section 28).  The release of a large number of balloons simultaneously is  likely to  result in significant harm to the environment by endangering animals in both terrestrial and aquatic habitats.  It will also deposit litter across  the landscape in contravention of the National Environmental Management: Waste Act (section 27(2)) and municipal bylaws.

 

A person who intentionally or negligently fails to comply with the NEMA duty of care is liable upon conviction to a maximum fine of R10 million or 10 years imprisonment or both.  In addition to any penalty imposed under NEMA , any person  who litters, or allows a person under his or her control to litter, is liable to a maximum fine of R5 million  or 5 years imprisonment, or both,  under the Waste Act.




22 September 2017

Environmental Assessment Practitioners: Reform and regulation at last?

A tension exists between the legal requirement for an EAP to be independent from the person making the application (the Applicant) and yet being dependent on Applicants for work in compiling environmental assessment reports.

07 July 2017

The N2 Wild Coast Toll Road: Is this what we call 'development'?

"They bring the N2 and tell us this is development. Why must development come from the top and not from us?” – Baliwe Dlamini, Resident

Contact Us