Improving unsustainable environmental governance in South Africa: the case for holistic governance

Abstract

Environmental governance in the 2 1st century in South Africa faces serious challenges in terms of improving service-delivery. Despite the progressive domestic environmental law framework, fragmentation of the environmental governance effort is a reality in South Africa. Fragmentation presents itself in terms of structural fragmentation between the various spheres of government and the various line functionaries in each sphere. Environmental statutes are also fragmented, since the legislative framework consists of a multitude of acts which are silo-based and environmental-media specific. This is especially observed in terms of the various environmental authorisation procedures that are prescribed by the legal framework. This matrix framework of fragmented legislation further gives rise to duplication of administrative procedures, jurisdictional overlap, and a time-consuming and confusing governance effort. This may lead to an untenable situation since section 24 of the Constitution of the Republic of South Africa, 1996 (hereafter the 1996 Constitution), and the environmental law order in general, endorses the concept of sustainability. The central hypothesis of this article is that fragmentation may inhibit and negate sustainable environmental governance efforts, especially insofar as it may lead to unsustainable service-delivery by environmental departments. Addressing fragmentation may thus arguably be one of the most contentious issues to be considered in future environmental law and governance reforms. This article argues that fragmentation of the environmental governance effort leads to unsustainable results in terms of effective and adequate service delivery by government. Integration, or a form of holistic environmental governance, may contribute to direct reform initiatives on a sustainable path. The article commences with an exposition on fragmentation. The concept of integrated or holistic governance is discussed, and recommendations are made on some strategies that may be employed to achieve holistic environmental governance. These strategies include: a one-stop environmental governance shop; integrated pollution prevention and control (hereafter IPPC); and cooperative environmental governance (hereafter CEG).