Fuelling the sustainable development debate in South Africa

Prescribing and implementing legal doctrine are two interrelated but distinct tasks, the latter frequently proving far more challenging than the former. This is very evident in the domestic implementation of the sustainable development doctrine, generally regarded as ‘the fundamental building block around which environmental law norms have been fashioned both internationally and in South Africa’(J Glazewski ‘The environmental right’in M H Cheadle, D M Davis&NRL Haysom South African Constitutional Law: The Bill of Rights (2002) 423). Notwithstanding the fact that its origins date back over two decades, the exact meaning and ambit of sustainable development remains subject to debate (see Elmene Bray ‘Towards sustainable development: Are we on the right track?’ (1998) 5 SAJELP 1; P Birnie & A Boyle International Law & the Environment 2ed (2002) 44–7; Philippe Sands Principles of International Environmental Law 2ed (2003) 252–6). South Africa’s legislators have sought to define the doctrine in the country’s constitutional, framework and sectoral legislation