Small Businesses and Climate Change Response Policy within South African Constitutional Framework

Abstract

Section 24 of the Constitution of the Republic of South Africa guarantees everyone the right to an environment that is not harmful to health or well-being. It further requires the state to take reasonable measures to prevent environmental degradation, protect natural resources, and promote sustainable development. Despite this constitutional commitment, South Africa continues to experience increasing climate risks and environmental challenges. Small businesses, particularly those operating in informal and urban settings, are both contributors to and affected by these challenges. Their activities may contribute to environmental harm through poor waste management, inefficient energy use, and limited access to sustainable practices. At the same time, they remain vulnerable to climate impacts such as flooding, water shortages, and extreme weather events. This study examines how weaknesses in climate policy implementation undermine the practical realization of environmental rights under section 24. Using qualitative doctrinal and policy analysis, the study evaluates constitutional provisions, environmental legislation, climate policies, and governance frameworks. Literature reveal that South Africa has developed strong legal and policy frameworks, but implementation remains limited by weak enforcement, fragmented governance, inadequate institutional capacity, and poor coordination across government spheres. These challenges create a gap between constitutional commitments and the lived environmental realities of vulnerable communities and small businesses. Moreover, with appropriate support, these enterprises can adopt sustainable practices, improve resilience, and contribute to broader climate objectives. The study concludes that environmental rights under section 24 cannot be fully achieved through legislation alone. Effective implementation requires stronger accountability, coordinated governance, and practical support mechanisms. It recommends integrating small businesses into climate planning, improving access to climate education and green technologies, and providing incentives for sustainable practices. These measures can strengthen climate resilience, reduce environmental harm, and ensure that the constitutional right to a healthy environment is realized in practice.

Keywords: {'name': 'Small Businesses'}, {'name': 'Section 24'}, {'name': 'Climate Change Policy'}, {'name': 'Environmental Rights'}, {'name': 'South African Constitution'}

Authors & affiliations

Nkwane Bashio Mogotle
Affiliation not supplied

Daniel Kgatlela Matlala
Affiliation not supplied

Ritshidze Nethengwe
Affiliation not supplied

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