Volume 3 - No 22

1. Background and Introduction

The White Paper on Environmental Management was released on 28 July 1997. The White Paper sets out the overarching policy framework for environmental management in South Africa. It outlines the government's new vision for environmental policy and the Department of Environmental Affairs and Tourism's mission statement. It also identifies a set of policy principles which will underlie future environmental management activities. A broad outline of the government's strategic goals and supporting objectives have also been included. Finally, the White Paper outlines governance issues, defining the powers and responsibilities of different spheres of government and civil society.

The White Paper is a result of a comprehensive consultative process, known as the Consultative National Environmental Policy Process (CONNEPP). This process was initiated in May 1995 by then Deputy Minister for Environmental Affairs and Tourism, Major Bantu Holomisa. At a national conference (CONNEP I), in August 1995, a participatory process for drawing up a new policy was decided upon. As a result of this, a discussion document entitled "Towards a New Environmental Policy for South Africa" was released in April 1996 for public comment. Following on comments received and provincial participation, the Green Paper on a New Environmental Policy for South Africa was released in October 1996. A second national conference (CONNEPP II) was held in January 1997, at which stakeholders were given an opportunity to present their views on the Green Paper. These views, and other public comments on the Green Paper were considered in drawing up the current draft White Paper.

2. The need for a New Environmental Management Policy

Environmental issues, historically, have had a low governmental priority. This has been due partly to these issues being narrowly defined as relating mainly to nature conservation. It has also resulted in a failure to integrate environmental concerns into economic planning and decision making at all levels in society. Government policies, plans and programmes have generally not been subject to environmental assessments. In addition, little attention has been given to creating an awareness of environmental issues amongst the general population, or to enhancing their ability to play a role in effective environmental management and governance. In addition, there is a lack of comprehensive and well enforced regulatory controls, which has resulted in wide variations in environmental management practices in the economic sector.

Against this backdrop, together with trends in globalisation, development, macro-economic policies, information technology, and increased environmental consciousness, the need for a new environmental management policy becomes clear. Also, in 1994 the Southern African Development Community (SADC), of which South Africa is a member, set out its "Policy and Strategy for Environment and Sustainable Development". Finally, the Bill of Rights in the New Constitution guarantees everyone the right "to an environment that is not harmful to their health or wellbeing" and places certain responsibilities on the state to protect the environment. This context demanded an integrated policy which brings together concerns for environmental, economic and social sustainability.

3. The New Vision for Environmental Policy

Chapter Two of the White Paper outlines the government’s new vision for environmental management. This vision is "one of a society in harmony with it’s environment" (p. 16). Adopting a co-ordinated and integrated approach to sustainable development, the new vision seeks to address:

a) the quality of people's lives

b) equitable access to land and natural resources

c) the integration of economic development, social justice and environmental sustainability

d) the sustainable use of social, cultural and natural resources, and

e) public participation in environmental governance.

Specifically, the dilemma presently facing South Africa, as a developing country, is to balance the demands of growth and development with sustainable use of environmental resources. The policy argues that development policies, plans, programmes and activities in all sectors that do not address environmental concerns cannot claim to be sustainable. Thus, the new policy seeks to integrate environmental concerns into all areas of economic activity and development, while addressing the basic needs of previously disadvantaged communities.

4. Principles of the New Policy

The White Paper identifies twenty-two principles which will inform government initiatives related to environmental management. Many of the principles are interrelated. The principles generally embrace values such as:

• Accountability and Good Governance: The government states its commitment to being accountable for environmental policy formulation, monitoring and enforcement. In addition, it is committed to the principle of good governance, in accordance with its constitutional and legislative obligations.

• Co-ordination and Integration: Environmental concerns must be integrated into the work of all government institutions. In addition, policies and legislation of government departments will be co-ordinated to ensure that they are in accordance with the requirements of environmental policy.

• Equity and Environmental Justice: Environmental management activities must ensure equitable access to environmental resources, benefits and services. Environmental considerations will also be integrated with social, political and economic justice and development to address the needs and rights of all communities, sectors and individuals.

• Capacity Building and Participation: The government is committed to building capacity both within government as well for the general public in relation to environmental sustainability and environmental management. Public participation in environmental governance will also be encouraged. Further, all forms of knowledge, including traditional and ordinary knowledge, will be recognised within management processes.

• Alienation of Resources: Natural and cultural resources are regarded as public assets which belong to all people of South Africa. Government must ensure that the alienation of such resources, in particular to foreigners, will be done with the greatest caution. In this regard, the government must ensure that its investment policies and programmes do not result in the unchecked transfer of ownership of the nation's natural and cultural resources.

5. Strategic Goals and Objectives

The national Department of Environmental Affairs and Tourism (DEA&T), as the "lead agent" responsible for ensuring the co-ordinated implementation of government’s policy on environmental management, undertakes to develop the National Environmental Strategy and Action Plans (NES&AP). The NES&AP will be developed through a participatory process within the first year after the White Paper is accepted. It will prioritise national environmental goals and objectives to be achieved within the next 5 to 10 years. It will also contain clear strategies, timeframes, and budgetary allocations to realise the objectives.

As a framework for the development of the NES&AP, the white paper identifies seven strategic goals for the next five to ten years. The overarching goal is to move from a previous situation in which development and growth was unchecked and environmentally insensitive to a context of sustainable development.

a) The creation of an effective institutional framework and legislation

Some of the objectives in relation to this goal, include building capacity within all government departments to ensure the effective implementation of the environmental management policy. Current legislation as well as norms and standards will be reviewed in order to bring them in line with the current policy.

b) Sustainable resource use and impact management

In order to achieve this goal, sustainable use of natural and cultural resources will be promoted in all spheres, including tourism. Also, mechanisms to ensure equitable access to environmental resources will be investigated and established. Mechanisms to improve environmental performance in both the private and public sector will also be developed.

c) Holistic and integrated planning

Mechanisms will be developed to ensure that environmental considerations are effectively integrated into government policies and programmes, development planning and land allocation. The establishment of an Environmental Development and Rehabilitation Fund, to assist smaller enterprises in developing appropriate environmental management practices and to assist with the rehabilitation of degraded environments, will also be investigated.

d) Participation and partnerships in environmental governance

Structures and processes will be developed to ensure effective public participation, particularly of marginalised groups in environmental governance. This will include the establishment of national, provincial and local government multi-sectoral advisory structures.

e) Empowerment and Environmental Education

Effective education and information strategies will be developed. The objective is to increase public awareness of, and concern for, environmental issues. The involvement of marginalised and special interest groups in developing education programmes will be encouraged and supported.

f) Information Management

Information managements systems will be developed and maintained. These systems will provide accessible information, and should include appropriate environmental indicators. The national DEA&T will compile a periodic State of the Environment Report, which will include an evaluation of the effectiveness of policies as well as report on the progress towards achieving environmental standards and goals.

g) International Co-operation

Mechanisms to deal effectively with international co-operation in relation to environmental governance will be developed. This will include ensuring that foreign investment does not compromise the environmental integrity of South Africa, and preventing transboundary environmental impacts.

6. Governance

Environmental management is a concurrent responsibility of both national and provincial governments. Specific powers and responsibilities of the different spheres of government still need to be determined. Particularly, it still needs to be decided whether environmental management functions and responsibilities will be concentrated within the national DEA&T, or whether these will be executed by other departments through inter-governmental agreements and accords.

Certain responsibilities are, however, outlined for the national DEA&T, which is the lead agent responsible for implementing the environmental management policy. The national DEA&T will be responsible for co-ordinating and supervising environmental functions in all spheres of government, as well as developing and enforcing an integrated and comprehensive regulatory system. Specific functions of the national DEA&T include the development of policy and legislation related to national norms and minimum standards. However, norms and standards governing water quality will be developed by the Department of Water Affairs and Forestry in concurrence with the DEA&T. The national DEA&T will also be responsible for monitoring and reviewing the environmental performance and activities of other national departments, as well as provincial and local government institutions. In addition, the national DEA&T will assist provincial and local government environmental departments to build capacity for environmental management. Procedures for appealing against environmental management decisions will also be developed by the national DEA&T.

Some of the specific functions of the provincial environmental departments will include developing provincial policies, and establishing specific provincial norms and standards for impact management and resource use. Provincial departments will also be responsible for monitoring environmental performance and enforcing legislation and regulations.

The importance of involving civil society in governance structures and environmental management is recognised. Additionally, civil society (including NGOs, CBOs, and communities) is identified as playing an important role in monitoring environmental policies and performance.

7. Some Issues Raised by the White Paper

• The White Paper sets out a vision and strategic goals for environmental management in South Africa. It is unclear however, to what extent the policy is an overall government policy, as opposed to the policy for the Department of Environmental Affairs and Tourism.

• It is noted that the policy applies to all government institutions. In this regard, are other departments/sectors in agreement with the principles and vision set out in the White Paper? What intersectoral arrangements have been made to ensure that other departments are involved in developing this policy? Further, what are some of the problems which can be anticipated in this regard?

• In relation to governance issues, it is unclear what processes are envisioned to clarify the roles and responsibilities of the different spheres of government. The White Paper states that "government" will decide. Does this imply the national Department of Environmental Affairs and Tourism?

• In the Green Paper, the issue of an institutional audit, with the possibility of restructuring government departments was raised. For example, the possibility of incorporating Environment and Water Affairs within one department was noted. Should this still be looked at?

• The White Paper does not mention a specific gender policy. Should the White Paper include a specific gender policy, which outlines the role of women in environmental management?

8. Way Forward

The deadline for written comments on the draft White Paper is 29 August 1997. Comments can will be accepted until 3 September 1997, and can be submitted to The Director-General, Department of Environmental Affairs and Tourism, at fax (012) 322-2682 or 322-6287. Comments can also be faxed to the Chairperson of the Parliamentary Portfolio Committee (Gwen Mahlangu, MP) at (021) 403-2073. The Portfolio Committee will then debate the White Paper. It is unclear whether public hearings will be held.

PHILA

Please send comments or suggestions about this site.