According to the SA constitution, the national and provincial government share the responsibility of environmental management while delivery is left to local governments who do not have the resources to undertake the tasks. The National Environmental Management Act (NEMA) of 1998 establishes the DEAT as the “lead agent” on environmental management within a council involving other national departments, provincial, and local authorities. The participation of all interested and affected parties is also required. The Environmental NEMA acknowledged government's weak capacity for enforcement by enabling private prosecution if government authorities do not take up a case. This puts a weight of responsibility on civil society, but use of these powers is inhibited because the specific laws governing the behaviour of polluters are weak and fragmented. As a result very few prosecutions have taken place under NEMA.