The new South African constitution states that: “Everyone has the right to an environment that is not harmful to his or her health or well-being.” Section 24 — Bill of Human Rights. Yet the new democratic government inherited a fragmented environmental management system as well as the legacy of the Group Areas Act. What’s more, in the harsh economic climate, where poverty and unemployment are rife, environmental policy and human rights often find themselves in a tug of war for priority against industry and economics. Ten percent of the gross national chemical products come from the South Durban Basin, making it an important contributor to the South African economy.


Merebank residents vow to resist relocation
Civil society groups in the area have tirelessly lobbied for government to create stricter laws to clean up these industries. Opposition from some comes from the perception that environmental costs must be weighed against jobs. In the South Durban basin, many of the residents have been so set back by poor health that they are unable to work, thus keeping them trapped in a vicious cycle of poverty and ill-health.
“Until we see industries being heavily sanctioned for the damage done to communities, we are going to regard their actions as genocide.” Says Dr. Seetharam.

The reality of implementing the kind of draconian law on industry necessary to make them clean up their act is a process the new SA government system has struggled to accomplish. Processes have been slow due to co-ordination of its three tier structure, consisting of local, provincial and national government. Local authority penalties to industry are traditionally very weak. For example SAPREF was fined only R500 for the massive leak of 2001 (described above.)