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.
Breach of a Restraint Order: When it Is Not Contempt of Court
The Labour Court, in Rotunda Proprietary Limited v Sam, considered whether a former employee who breached a restraint of trade that had been made an order of court was guilty of contempt of court in circumstances where the underlying restraint of trade had, by effluxion of time, expired.