The polluter pays principle is a foundational concept of modern environmental law. At its core, it provides that those responsible for environmental harm must bear the costs of preventing, managing, and remedying that harm. The principle ensures that the financial burden of environmental degradation is not shifted to the public or the State but remains with the party whose activities caused the damage. In South Africa, this principle is given effect by section 2(4)(p) of the National Environmental Management Act 107 of 1998 (“NEMA”), which provides that the costs of remedying, and preventing future pollution, environmental degradation and adverse health effects must be paid by those responsible for the harm. The principle seeks to ensure that the financial burden of environmental damage is not shifted onto the public or the State.
Reporting for Duty: Whether the Reinstatement Order Imposes Conditions on an Employee’s Entitlement to Backpay
On 13 August 2026, the Labour Court delivered judgment in 4PL.COM Logistical Solutions Provider v Oscar Mazwi Khoza. The decision turned on whether an employee who was awarded retrospective reinstatement is only entitled to backpay in accordance with a reinstatement order upon an actual tender of services in accordance with that order.