The considerations of culture in the sustainability of biodiversity in South Africa: A legal standpoint

• Jurisdiction: South Africa
• Author: Ifeoma Laura Owosuyi
• Citation: (2019) 30 Stell LR 250
• Date: 12 September 2019
• Pages: 250-280
• Published date: 12 September 2019

250

THE CONSIDERATIONS OF CULTURE IN THE

SUSTAINABILITY OF BIODIVERSITY IN SOUTH

AFRICA: A LEGAL STANDPOINT*

Ifeoma Laura Owosuyi

LLB LLM LLD

Post-doctoral research fellow, North-West University

1 Introduction

Sustainable development was originally conceptualised as a theoretical

measure to pre-empt the escalating consequences of environmental

degradation due to development activities.1 The concept has since evolved

to encompass other areas of human concern that should be considered in the

context of sustainable development such as social and economic interests.

For instance, there has been an upsurge of international scholarly debates

regarding the inclusion of cultu re in the discourse of sustainable development.

This agitation for the inclusion of cultu re in development plans and strategies

has received favourable international recognition including its adoption in

the 2015 Sustainable Development Goals (“SDGs”),2 which recognised the

potential of culture i n the international developmental agenda.3

In South Africa , the principle of sustainable development is constitutionally

recognised in the Constitution of the Republic of South Africa, 1996

(“Constitution”). Section 24 of the Constitution4 entrenches a substantive

environmental right.5 This principle of sustainable development is not only

restricted to ecological interests, but also to social and economic interests.6

Several scholars7 argue that sustainable development transcends the three

intersecting areas of environmental, social, and economic interests. This

*This res earch was en abled in par t by North-West Un iversity and by a grant f rom the Nation al Research

Foundation of South Afric a Grant number: 115581 All opinio ns expressed, viewpoi nts and errors remain

those of the autho r I a m further g rateful to Profess or Christa Raut enbach for her valuable c omments

1 In 1987, the World Commiss ion on Environment and Development (WCED) also known as the Brundtla nd

Commission led by the Nor wegian Pri me Minister, Gro Harlem Br undtland wa s convened Th e WCED

was conve ned to argue a mongst othe r things the consequential effects of exploitat ive resourc e use by

industr ialised countr ies on the environ ment

2 The resolut ion adopted by the Unit ed Nations Genera l Assembly: Transforming Our World: 2030

Sustainable Development Goals UN Do c No GA/RES/70/1 (2015)

3 Cultur e plays a crucial role in t he attainment of SD G 11 (making cities and huma n settlements inclu sive,

safe, resilient, and sustainable) Also, target 114 calls for the strengthening of efforts to protect and

safeguard t he world’s cultural and nat ural heritage

4 Section 24 of the C onstitution

5 LJ Kotzé & AA Du Plessis “Some brief obse rvations on fifteen years of E nvironmental Rights

Jurispr udence in South Af rica” (2010) JCI 157 157-158

6 Consider ing, eg, s 2(4)(a)(iii) of the National Envi ronmental Management Act 107 of 1998 (“ NEMA”),

which refers to the pre servation of cultu ral heritage amon g the principles of envir onmental manage ment,

these thre e dimensions are no t the exclusive interest s of sustainable develop ment

7 W du Plessis & L Feris “A rebel lious step in the right dire ction? A not e on the dissenting judgment of

Sachs J in Fuel Ret ailers Associat ion of Souther n Africa v Directo r-General ” (2008) 15 SAJELP 157 16 6

(2019) 30 Stell LR 250

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is because, as Du Plessis and Feris8 posit, the interests of sustainable

development are intert wined in praxis. Therefore, envi ronmental, social, and

economic interests intersect with other interests such a s cultura l interests,

and they are all inextricably interdependent. For instance, the biological

composition of the environment such as plants, animals, the diverse variety

of micro -organisms and the ecological communities they dwell in make up

the biological diversity of the environment. In turn, these components form

the natural resource base that provides the critical ecosystem services that

are fundamental for economic and social development. Some examples of

these ecosystem services include food security, the provision of clean and

secure water, biomass energy and building m aterials, a nd a resource base

for t he sustainable development and growth of the tourism, biotech nology,

pharmaceutical , bioenergy, agriculture, forestr y, sheries and i ndigenous

knowledge-based sectors of the economy.9 These services are threatened

by factors such as the expansion of the human population and its increasing

demands on the environment, climate change and invasive alien species to

mention a few. Therefore, ensuring the sustainability of biological diversity is

crucial to accomplish su stainable development.

In this respect, a legal approach to sustainable development, as Owosuyi10

suggests, would ideally involve a synerg y between environ mental law,

economic law and social justice syst ems, whereby the ideals of each is

harnessed and e mployed toward s the a chievement of the principles of

sustainable development both locally and i nternationally. In view of the

interconnectedness of culture, biodiversity and sustainable development, this

article argues f rom a legal perspective for a consideration of cultural inte rests

in the sustain ability of biodiversity in Sout h Africa.

To fully understand the relevance of culture to the sustainability of

biodiversity, this article considers how cultu ral con siderations could

be integ rated into the existing legal f ramework for the con servation,

management, and protection of biodiversity. The discussions in this article

accept that the term “culture” is complex and multivalent.11 Although this

article does not engage in an a nalysis of the divergent theorisations of culture,

it provides insights into the relevant inter pretations of cult ure within the

development discourse from an international and domestic perspective. In

this way, it establishes the link between cu lture and sustainable development.

More importantly, it demonstrates the nexus between cultu re and biodiversity

8 166-167; see als o, Gees v Provinci al Minister of Cult ural Affairs and S port2017 1 SA 1 (SCA) paras 32-33

for the relevance of cu ltural heritag e preservation as a pa rt of environment al protection and sust ainable

development

9 Depart ment of Environme ntal Aff airs 2018 “Biodiversity and C onservation” (undated)

environment gov za/branches/biodiversity _conservation> (accessed 05-12-2018)

10IL Owosuy i “The pursu it of sustainable development throu gh cultural law and governa nce frameworks:

A South Afri can perspective” (2015) 18 PELJ (access ed

10-07-2019)

11In 1952, cultu ral anthropolog ists, L Kroebe r & C Kluckhohn Cul ture: A Critical Re view of Concept s and

Definitions (1952) in searched of a suit able definition of cultu re, assembled 156 definition s of culture

These were classif ied under six headings , e ach presuming dist inct perspective s of what a spec ific

population is likely to share namely: descriptive, historical, genetic, structural, psychological, and

normative def initions of cult ure

CONSIDERING CULTURE IN THE SUSTAINABILITY

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