Pushing the frontiers of equity as a means for environmental justice in Africa

Abstract

Inter-generational equity which focuses on the rights of future generations is one of the key principles of international law relating to sustainable development. Whilst the  usage of this principle to achieve environmental justice in other jurisdictions has been  popularized, the reason for poor implementation of the principle in an African context is exacerbated by the placement of same constitutional environmental provision. The  South African jurisdiction exemplifies a means to achieve environmental justice by  approaching the courts to enforce an environmental right because the principle of inter-generational equity is an inherent part of its constitutional environmental provision. The paper puts forward the South African jurisdiction due to the willingness of its judiciary to recognize the principle as a means to achieve environmental justice for present and future generations.

Key words: inter-generational equity, sustainable development, constitution, environmental justice, implementation.