a) an environment that is not harmful to their health or well-being;
b) have the environment protected for the benefit of present and
future generations, through reasonable legislative and other
measures that
i) prevent pollution and ecological degradation
ii) promote conservation; and
iii) secure ecologically sustainable development and use of
natural resources while promoting economic development
1) The environmental right as provided by section 73 is in two parts, a fundamental
human right and a directive principle requiring a state to take positive steps
towards the attainment of the right.
2) The first part encompasses two aspects, a right to an environment that is not
harmful to health and the right to an environment not harmful to well-being.
3) The definition of what an environment entails is significant to recognition and
enforcement of the said right. It should be recognized that environment is a
relational concept; it denotes an interrelationship between man and his
surroundings. This is according to The Environmental Management in South
Africa R.F Fuggle and M.A Rabie.
4) In Zimbabwe there is legislative attempt to define the concept of the
environment. The Environmental Management Act Chapter 20:27, provides
that;
“Environment” means—
(a) the natural and man-made physical resources, both
biotic and abiotic, occurring in the lithosphere and
atmosphere, water, soil, minerals and living organisms
whether indigenous or exotic, and the interaction between
them;
(b) ecosystems, habitats, spatial surroundings and their
constituent parts whether natural or modified or
constructed by people and communities, including
urbanised areas, agricultural areas, rural landscapes, and
places of cultural significance;
(c) the economic, social, cultural or aesthetic conditions
and qualities that contribute to the value of the matters set
out in paragraphs (a) and (b);”
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