Section 24 of the Constitution states that:
Everyone has the right to:
- an environment which is not harmful to their health or well-being
- have the environment protected for the benefit of present and future generations through reasonable legislative and other measures that:
· prevent pollution and ecological degradation
· promote conservation
· secure ecologically sustainable development and use of natural resources, while promoting justifiable economic and social development.
This initiative is designed to support relevant climate litigations through
campaigns, providing legal empowerment and support to our communities, as
much as possible, and support international legal campaigns such as the
International Court of Justice Advisory Opinion and Stop Ecocide campaign. As a
youth NGO, we have an opportunity to fight for climate justice in various ways.
We conduct awareness campaigns, policy intervention, on-ground activities
demonstrating our commitment for environmental care, and as the last resort,
we believe that legal instruments should also be used for flight for climate
justice. Section 24 of South Africa’s constitution places a duty on the state, on
business, and on all South Africans, to prevent pollution and other damage to
the environment, and to promote conservation and sustainable development.
"Cementing consensus on the scientific evidence of climate change"
the advisory opinion from International court of justice can produce facts on climate change which can be of great authority in proceedings before other courts. A CORE ROLE OF ICJ ADVISORY OPINIONS IS DEVELOPING AND CLARIFYING INTERNATIONAL LAW. THE ICJ IS THE ONLY GLOBAL JUDICIAL BODY THAT CAN HEAR EVIDENCE OF LAW AND FACTS ON THE GREAT RANGE OF CRITICALLY IMPORTANT LEGAL ISSUES THAT ARE IMPACTED BY CLIMATE CHANGE AND ULTIMATELY PROVIDE AN OPINION INTEGRATING CONSIDERATION OF THEM ALL. THIS WOULD IN TURN ENHANCE THE EFFECTIVENESS OF THE INTERNATIONAL LEGAL SYSTEM IN TACKLING CLIMATE CHANGE, FOR EXAMPLE BY BOLSTERING THE AUTHORITY OF HUMAN RIGHTS BODIES TO ADDRESS CLIMATE CHANGE UNDER THEIR RESPECTIVE MANDATES.
peace palace / ICJ
mr Khulekani Magwaza
International Court of Justice