Makua M. Pretty

In South Africa, the right to a clean environment is constitutionally guaranteed. However, this right is being violated on a daily basis by the mining companies who degrade and harm the environment in the communities they operate. Even though laws have been put in place to regulate, protect and deter degradation, the reality is that the mining companies have been found wanting several times in discharging their constitutional obligations not to degrade and harm the environment. This paper examines impacts and effects of the mining activities. It also looks at the legislative interventions that have been put in place to serve as checks against the mining companies and provides insights on how they are being used to regulate harmful mining practices.