Environmental rights afforded to residents affected by mining activities: a case study in Hondeklip Bay

Abstract

Whilst the mining industry has stimulated the economic growth of South Africa, its activities have also impacted on the social and environmental well-being of the communities and ecosystems in which it operates. Environmental degradation often severely affects the livelihoods of people in rural areas, who are often impoverished. Hondeklip Bay, a small fishing community in the Northern Cape, has been affected by the mining activities of the adjacent Hondeklip Bay Mine. The purpose of this paper is to identify whether impoverished residents affected by the detrimental effects of mining activity have rights to enforce the protection of their environment. These environmental rights pertain to an environment that is safe and not harmful to one's health and well-being. Environmental obligations of the mines as illustrated in terms of applicable legislation, and legal recourse available to the residents affected by the infringement of their environmental rights are furthermore explored.