Don’t Give Up on the Law: Why Small Legal Victories Still Matter

By Matome Kapa, Programme Head, Advocacy, Support and Training, Centre for Environmental Rights 

 

Last week, I was speaking to one of the graduates of CER’s Rights & Remedies Course. What she told me inspired this piece. 

 

She is from Free State Province. There was a serious sewer problem in her ward — sewage flowing into the street, affecting the entire community. She went to the site, took photographs as evidence, and sent the pictures to someone who works for the municipality.  

 

Within four days, the municipality came and fixed the pump, repaired the manhole, and cleaned the area. 

 

No court. No drama.

 

Just the law being used. 

This is what happens when ordinary people know their rights and use the tools available to them. 

 

The law may be slow to deliver big, visible change, but it remains one of the most  powerful tools we have for securing small victories. And it is through these small victories — repeated, shared, and built upon — that we realise the achievement of true long-term systemic change. When ordinary people engage with the law, use it, test it, and insist on its promises, the law itself becomes stronger. 

 

This is especially true when it comes to South Africa’s environmental legal framework. 

 

 

South Africa’s environmental laws were not designed only for courtrooms or legal experts. They were shaped by struggle and by the recognition that environmental harm affects real lives — health, livelihoods, safety, and dignity — particularly in communities already carrying the weight of inequality. 

 

At its core, our legal framework invites public participation. It creates space for people to object against harmful developments, demand information, report environmental violations, and hold both the state and private actors accountable. These are not symbolic rights. They are practical entry points for action. 

 

Engaging with the law does not always mean going to court. Often, it simply means knowing where your power lies — and using it. 

 

The Constitution is not a distant or abstract document. It is meant to be used. 

 

Section 2: The Constitution is the supreme law 
This is the foundation of everything. The Constitution is the supreme law — the first law — the law from which all other laws must flow. It means that every decision made by government, every policy, and every law must align with the Constitution. When something in your daily life feels unfair, unsafe, or degrading, the Constitution is the place to start asking: Is this what was promised? It invites comparison between what is written and what is lived. 

 

Sections 7 and 8: Rights must be respected and protected 
These sections say something powerful: rights are not just ideas — they come with duties. The state must respect, protect, promote, and fulfil them. And in certain circumstances, private actors can also be held responsible when their actions undermine these rights. If your surroundings do not reflect the dignity, safety, or fairness promised in the Constitution, these sections give you a strong basis to demand better — not as a favour, but as a right. 

 

Section 24: The environmental right 
This is where environmental protection becomes a constitutional right. Section 24 says you have the right to an environment that is not harmful to your health or wellbeing, and that government must take reasonable steps to protect the environment for present and future generations. In simple terms: where you live should be safe, clean, and healthy. When it is not, the state is expected to act — and the law gives you standing to insist that it does. 

 

You do not need to quote these sections perfectly. You only need to know they exist — and that they are meant to work for you. 

 

Environmental laws like NEMA do not exist in isolation. They are born from the Constitution. 

 

Think of it this way: Section 24 establishes your right to a healthy environment. But a right on paper means little without mechanisms to enforce it. The Constitution, through Section 2’s supreme authority and the duties imposed by Sections 7 and 8, requires that laws be created to give that right teeth — to make it real, actionable, and enforceable in daily life. 

 

This is exactly what the National Environmental Management Act (NEMA) does. NEMA is the Constitution’s environmental promise made concrete. It translates the broad constitutional right into specific duties, procedures, and remedies that you can use. When NEMA requires polluters to take action, or gives you the power to demand information, or creates avenues for you to report violations — it is doing so with the full weight of the Constitution behind it. 

 

This is why understanding Section 24 matters. It is not just a nice idea. It is the foundation that makes environmental laws enforceable. And when you use NEMA, you are not just citing regulations — you are invoking a constitutional right. 

 

Section 28 of NEMA: the duty of care 
Section 28 of NEMA gives you a clear basis for action. It says that anyone who causes pollution or environmental harm must take reasonable steps to prevent it, stop it, or fix it. This duty exists now. It does not depend on a court case. When you see pollution, dumping, or environmental damage, the law already expects action. And when that action does not happen, you have the right — grounded in Section 24 of the Constitution — to report it and demand intervention. 

 

This is where constitutional rights become practical tools.