Establishment of the North Western Provincial Environmental Authority and its Legitimacy
According to the article 154 (g) of the 13th amendment to the constitution taken place in 1987, it devolved certain powers to the provincial councils that established as a result of said amendment. In terms of article 154(g) (5) (b) of the constitution the provincial council can make statutes with respect to any matter on the concurrent list whenever required. Accordingly the Provincial Environmental Statute was passed by the North Western provincial council in par with the provisions given by the constitution. The objective of the Provincial Environmental Statute is to establish the Provincial Environmental Authority of North Western Province and to make provision for the protection, management and enhancement of the environment and for the regulation maintenance and control of the quality of the environment. The Provincial Environmental Authority of the North Western Province has been established in terms of paragraph 2 of the Provincial Environmental Statute.