Abstract

NGCOBO, N. South African Environmental Law and Political Accountability: Local Councils in the Spotlight. PER [online]. 2023, vol.26, n.1, pp.1-42. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2023/v26i0a17260.

The world is facing an environmental crisis threatening human and non-human existence. Various actors are responding to this crisis, including politicians, international non-governmental organisations, transnational organisations and scientific communities. Municipalities are governing entities in cities and are deemed critical actors to help respond at a sub-national level to the global environmental crisis. In terms of sections 151(2) and 156(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution) municipal councils have executive and legislative authority over local environmental governance (LEG) matters listed in Schedules 4B and 5B of the Constitution, thus making municipal councils the highest South African authority with legal and political powers in local communities. This article uses the constitutions, policies, and manifestos of political parties active in the local government sphere to ascertain the role of political parties in (local) environmental governance. The aim of this inquiry is to investigate how political parties in South Africa conceive of their accountability in the environmental governance context. The assumption is that unless councillors are politically inclined and are expressly expected at party level to pursue ecologically sustainable development, municipalities will not be able to fulfill their role in the urgently needed transition. The article finds that municipal councils are accountable for environmental governance and should improve on this responsibility. The accountability should start with parties making explicit environmental commitments and holding their councillors accountable for failing to fulfil them.

Keywords : Municipal councils; Constitution; political parties; local government; environmental law and governance; South Africa.

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