Using law to protect the earth: from Environmental Law to the rights of nature

Since the adoption of the environmental right in section 24 of the Constitution and a range of subsequent environmental laws, many South Africans have faith that, if all else fails, the courts will protect the environment. The reality is more sobering. The City of Cape Town recently had an important Constitutional Court victory in the MaccSands case, but the Residents’ Association of Hout Bay unsuccessfully attempted to prevent the construction of a toll building in the Table Mountain National Park. The first lecture of this two-lecture course will explore both the possibilities and the inherent limitations of environmental law and litigation. For law students and conservationists interested in legal issues regarding the rights of nature