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The South African Constitution is widely recognised as one of the most progressive constitutions worldwide. The Constitution has a strong focus on human rights and the environment. This recognised through a requirement for reasonable legislation and other measures to be developed to 'secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development' This paper aims to understand the implications for the built environment of this statement through interpreting and expanding this into an explicit set of requirements for the built environment. The paper discusses these requirements in light of existing legislation and reflects on whether adequate measures are being taken in the built environment to implement and promote environmental aspects of the South African Constitution.

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The South African Constitution: Are Sustainable Buildings

Mandatory?

Jeremy Gibberd

CSIR,

Pretoria, 0001,

South Africa

Email: jgibberd@csir.co.za

Abstract:

The South African Constitution is widely recognised as one of the most progressive

constitutions worldwide. The Constitution has a strong focus on human rights and the

environment. This recognised through a requirement for reasonable legislation and other

measures to be developed to 'secure ecologically sustainable development and use of

natural resources while promoting justifiable economic and social development'

This paper aims to understand the implications for the built environment of this

statement through interpreting and expanding this into an explicit set of requirements

for the built environment. The paper discusses these requirements in light of existing

legislation and reflects on whether adequate measures are being taken in the built

environment to implement and promote environmental aspects of the South African

Constitution.

Keywords:

• Built Environment, Constituition, Sustainability

1 Introduction

This paper reviews the environmental and sustainability implications for the built

environment of the South African Constitution. In particular, Section 24 on

environmental rights is analysed to ascertain the implications and obligations of this for

the built environment.

The analysis shows that the Constitution includes a set of explicit rights in relation to

the environment and sustainable development. The Constitution also requires that these

rights to be realised through 'through reasonable legislative and other measures'.

order to ascertain whether these rights are being realised through these means the paper

reviews key building-related legislation in the form of building regulations, health and

safety legislation and environmental management legislation.

Section 24 of the South African Constitution

The review reveals that current building-related legislation only partially addresses the

environmental and sustainability rights stated in the Constitution. The paper outlines a

number of areas where legislation falls short of Constitutional requirements and makes

some recommendations on how these gaps could be addressed.

2 The South African Constitution

Constitutions set out how government is organised and defines how power should be

shared and wielded. Like a contract between those in power and those who are

subjected to this power, a Constitution defines the rights and duties of citizens, and

outlines the mechanisms to keep those in power in check.

(South African Constitutional

Court, 2009)

The South African Constitution was developed in 1996. As the supreme law of South

Africa it may not be superseded and government and other parties may not violate

provisions within this. It contains a Bill of Rights that enshrines the rights of all people

in South African and affirms the democratic values of human dignity, equality and

freedom. The Bill has sections covering equality, human dignity, privacy, freedom of

religion belief and opinion, environment, property, housing, healthcare, food, water and

social security, children, education, language and culture. Through a section on equality,

the Bill requires that all people have full and equal enjoyment of these rights and

freedoms:

Everyone is equal before the law and has the right to equal protection and benefit of the

law.

Equality includes the full and equal enjoyment of all rights and freedoms. To promote

the achievement of equality, legislative and other measures designed to protect or

advance persons, or categories of persons, disadvantaged by unfair discrimination may

be taken.

Rights in the Bill are however subject to limitations. These are outlined in Section 36 of

the Bill:

The rights in the Bill of Rights may be limited only in terms of law of general

application to the extent that the limitation is reasonable and justifiable in an open and

democratic society based on human dignity, equality and freedom, taking into account

all relevant factors, including ¬

a. the nature of the right;

b. the importance of the purpose of the limitation;

c. the nature and extent of the limitation;

d. the relation between the limitation and its purpose; and

e. less restrictive means to achieve the purpose.

Section 9 of the South African Constitution

Section 36 of the South African Constitution

The role and responsibility of government is also outlined in the Bill. This specifically

requires government to achieve the rights outlined in the Bill:

The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

Environmental rights in the Bill of Rights include the right to an environment that

supports health and well being. It also requires legislation to be developed to ensure that

the environment is protected and that development that does occur is both sustainable

and justifiable:

24. Environment

Everyone has the right

a. to an environment that is not harmful to their health or well-being; and

b. to have the environment protected, for the benefit of present and future

generations, through reasonable legislative and other measures that

i. prevent pollution and ecological degradation;

ii. promote conservation; and

iii. secure ecologically sustainable development and use of natural

resources while promoting justifiable economic and social development

2.1 Implications of Section 24 of the Constitution for the Built Environment

There are a range of implications for the built environment of Section 24 outlined

above. This requires some interpretation of the Section and for the following questions

to be answered:

• What is defined as an environment?

• How is health and well being defined?

• What does ecologically sustainable development mean?

• What is meant by justifiable economic and social development?

2.2 The Environment

There is no comprehensive international treaty on human rights and environment that

can be used to understand how the environment should be defined in the Bill of Rights

(South African Human Rights Commission, 1996a).

The 1972 Stockholm Declaration

on the Human Environment adopted by the UN Conference on the Human Environment

however begins to define rights and obligations of man in regard to the environment:

Man has the fundamental right to freedom. Equality and adequate conditions of life, in

an environment of quality that permits a life of dignity and well being, and he bears the

solemn responsibility to protect and improve the environment for present and future

Section 7 of the South African Constitution

Section 24 of the South African Constitution

UNEP http://www.unep.org viewed: 06/06/2009

The African Charter on Human and People's Rights adopted by Heads of States of the

Organisation for African Unity in 1981 sets out how the environment should be

interpreted in terms of human rights within an African context:

All peoples shall have the right to a general satisfactory environment favourable to

their development.

Section 24 of the Bill of Rights indicates that the environment can be defined both as

natural and man-made environments. De Waal suggests that this definition includes

'man made objects and cultural and historical heritage' (De Waal 1999). Feris argues

therefore that in interpreting Section 24, traditional rights, needs and values and the

dignity of indigenous people should be taken into account (South African Human

Rights Commission, 1996b).

2.2.1 Implications for the built environment

Therefore the following implications of the South African Constitution can be inferred

for the built environment:

• The built environment should create environments favourable for the

development of people.

• Built environments should take into account the traditional rights, needs and

values of indigenous peoples.

2.3 Health and Well Being

The World Health Organisation (WHO) defines health in the following way:

Health is a state of complete physical, mental and social well-being and not merely the

absence of disease or infirmity.

Given this broad definition it is clear that environments conducive to health and well

being are likely to be described in different ways by different people and socio-

economic groups. Wealthy people may wish to protect the environment in order to

avoid mental or aesthetic discomfort. Poor rural people, on the other hand, would want

to protect the environment because they rely on this directly for clean water and food.

(South African Human Rights Commission, 1996a)

2.3.1 Implications for the built environment

Therefore the following implications of the South African Constitution can be inferred

for the built environment:

• The built environment should ensure that built environments support physical,

mental and social well being.

African Commission on Human and People's Rights. http://www.achpr.org viewed: 06/06/2009

Preamble to the Constitution of the World Health Organization as adopted by the International Health Conference,

New York, 19 June - 22 July 1946; signed on 22 July 1946 by the representatives of 61 States (Official Records of

the World Health Organization, no. 2, p. 100) and entered into force on 7 April 1948.

http://www.who.int/suggestions/faq/en/index.html viewed: 06/06/2009

• Criteria used to define physical, mental and social well being in built

environment must take into account, and respond to, the particular situation of

the people who occupy and use these built environments.

2.4 Ecologically Sustainable Development

Principles from the Rio Declaration on the Environment and Development can be used

to define the sustainable development. The principles below from the Declaration

indicate that development must be equitable and that environmental protection must be

integrated into development:

Principle 3

The right to development must be fulfilled so as to equitably meet developmental and

environmental needs of present and future generations.

Principle 4

In order to achieve sustainable development, environmental protection shall constitute

an integral part of the development process and cannot be considered in isolation from

it.

2.4.1 Implications for the built environment

The following implications of this definition for the built environment can be inferred:

• Development of the built environment should ensure that developmental and

environmental needs of present and future generations are achieved in an

equitable way.

• Conservation and protection of the environment should be integrated in to any

built environment development process.

2.5 Justifiable Economic and Social Development

Justifiable economic and social development can be interpreted through reference to

other sections of the Bill of Rights. These sections include rights to housing, healthcare,

food, water and social security and education:

26. Housing

Everyone has the right to have access to adequate housing.

27. Health care, food, water and social security

Everyone has the right to have access to ¬

a. health care services, including reproductive health care;

29. Education

Everyone has the right ¬

b. to a basic education, including adult basic education; and

UNEP http://www.unep.org viewed: 06/06/2009

Section 26 of the South African Constitution

Section 27 of the South African Constitution

c. to further education, which the state, through reasonable measures, must make

progressively available and accessible.

d. sufficient food and water;

It can be argued that development that helps to ensure that these rights are achieved can

be classified as justifiable economic and social development. Conversely, development

that does not directly contribute to the achievement of these rights may not be deemed

justifiable.

2.5.1 Implications for the built environment

Therefore the following implications of the South African Constitution can be inferred

for the built environment:

• Development of built environments that directly contribute to the achievement

of rights outlined in the Bill of Rights may be deemed to be justifiable

• Development of built environments that do not contribute to the rights defined in

the Bill of Rights may be deemed not to be be justifiable.

2.6 Discussion

Given the above interpretation of Section 24 of the Bill of Rights, it is possible to

review current building related legislation in order to ascertain whether this is effective

in upholding the Constitution. Legislation used to control building development in

South Africa include the Building Regulations (South African Bureau of Standards

1990), the Occupational Safety and Health Act (Department of Labour 1987, 1988,

1983), and the National Environmental Management Act (Department of Environment

and Tourism 1998). This legislation is reviewed below to ascertain its alignment with

the environmental and sustainability building implications of the South African

Constitution.

2.7 Health and Well Being

Legislation on health and well being in built environments can be found in the Building

Regulations and in the Occupational Health and Safety Act. The Building Regulations

set out minimum requirements for lighting and ventilation (South African Bureau of

Standards, 1990).

Other aspects such as thermal and acoustic performance are not dealt

with, because it is argued, these can only be judged in a subjective manner:

There are other aspects to a building which may affect only the comfort or convenience

of people but many of these, such as acoustic or thermal performance, are judged in a

subjective way and are not readily amenable to control in a sensible manner by

regulation. It is also obvious that the market will limit the degree to which these matters

can be considered in the design of a building.

Section 29 of the South African Constitution

Section 24 of the South African Constitution

SABS (1990), Code of Practice for the Application of the National Building Regulations. South African Bureau of

Standards, Pretoria. pp 101-115

The Occupational Health and Safety Act addresses health and well being through the

Facilities Regulations and the Environmental Regulations for Workplaces. The

Facilities Regulations require minimum standards for sanitation, changing rooms,

dining rooms, drinking water and seating. The Environment Regulations for Workplaces

sets out requirements for hot and cold working environments, lighting, windows,

ventilation, space and noise.

The legislation does not address thermal conditions in working or living environments

where temperatures are between 0 and 30

C. Temperatures between this range, for

instance 2

C, and 29

C, are therefore deemed acceptable, even though these may not be

conducive to health and well being.

This gap in legislation has resulted in many

buildings such as housing, offices and classrooms being built without insulation and

passive or active cooling or heating systems.

The legislation is not responsive to different requirements of sections of the population

in terms of health and wellbeing. For instance, babies, children and sick people who are

more sensitive to heat and cold are not catered for, and temperatures in school

environments can reach 45°C. (Dolley and Hermanus, 2009)

Similarly, legislation allows poorly constructed housing with no insulation to be built.

This is often occupied by people with few resources to counter, through heating or

cooling, discomfort and ill health caused by high or low temperatures

(Mathews et al

1995). Open fires are also used to heat housing, leading to suspended particulates being

found to be between 3 to 12 times higher than those prescribed by the World Health

Organisation (Terblanche 1992).

It can therefore be argued that building related legislation does not sufficiently uphold

the right to health and wellbeing outlined in Section 24 of the Bill of Rights. In

particular, building legislation does not prescribe any minimum thermal or acoustic

standards in building. The lack of legislation in this area can lead to thermal and

acoustic environments in buildings which are damaging to health and well being. In

addition, the legislation does not address other issues such as the presence of volatile

organic compounds in air, as a result of off gassing from carpets, adhesive or paint

which have also been shown to have a harmful effect on health (Wieslander et al 1996).

2.8 Indigenous Construction

The Building Regulations are performance-based and aim to avoid prescriptive

requirements.

Theoretically this approach should allow, and encourage, alternative and

indigenous construction materials and designs that are more affordable and supportive

of health and well being. In reality however, local authorities have been wary of

approving anything considered 'alternative construction' without further information, as

outlined below.

For instance, human comfort is indicated as being between 20

C and 27

C on the comfort chart used in American

Society of Heating, Refrigerating and Air-Conditioning Engineers, 1992. ANSI/ASHRAE Standard 55-92 Thermal

environmental conditions for human occupancy., Atlanta, GA,1992.

SABS (1990), Code of Practice for the Application of the National Building Regulations. South African Bureau of

Standards SABS, Pretoria. pp 40.

Where there is doubt as to the efficiency of any design or method of construction

proposed the local authority may call for further information which normally would

take the form of one or more of the following -

(i) a test report from the SABS;

(ii) a test report from the CSIR;

(iii) an Agrement certificate;

(iv) verification of a design by an independent Professional Engineer.

This clause can be used by local authorities to prevent any construction other than

standard 'European' type construction. This has resulting in most buildings in South

African towns being constructed of brick and corrugated steel, even through in rural,

unregulated areas, mud brick and thatch are traditionally used as building materials.

It therefore could be argued that building related legislation does not sufficiently uphold

traditional rights, needs and values and the dignity of indigenous people, if this included

in the definition of 'well being' outlined in Section 24 of the Constitution. It does this

by making it more difficult, and more expensive, for alternative and indigenous building

methods to be used by required test reports, certificates or verification from a

professional engineer.

2.9 Ecologically Sustainable Development

The Building Regulations and the Occupation Health and Safety Act do not include any

reference to sustainable development or conservation and protection of the environment.

This however is addressed by the National Environment and Management Act (NEMA)

(Department of Environment and Tourism 1998). This states that:

(3) Development must be socially, environmentally and economically sustainable.

(4) (a) Sustainable development requires the consideration of all relevant factors

including the following:

i. That the disturbance of ecosystems and loss of biological diversity are avoided,

or, where they cannot be altogether avoided, are minimised and remedied;

ii. that pollution and degradation of the environment are avoided, or, where they

cannot be altogether avoided, are minimised and remedied;

iii. that the disturbance of landscapes and sites that constitute the nation's cultural

heritage is avoided, or where it cannot be altogether avoided, is minimised and

remedied;

iv. that waste is avoided, or where it cannot be altogether avoided, minimised and

reused or recycled where possible and otherwise disposed of in a responsible

manner;

v. that the use and exploitation of non renewable natural resources is responsible

and equitable, and takes into account the consequences of the depletion of the

resource;

SABS (1990), Code of Practice for the Application of the National Building Regulations. South African Bureau of

Standards SABS, Pretoria. pp 43.

vi. that the development, use and exploitation of renewable resources and the

ecosystems of which they are part do not exceed the level beyond which their

integrity is jeopardised;

vii. that a risk averse and cautious approach is applied, which takes into account

the limits of current knowledge about the consequences of decisions and actions;

and

viii. that negative impacts on the environment and on people's environmental rights

be anticipated and prevented, and where they cannot be altogether prevented,

are minimised and remedied.

In order to implement these principles NEMA uses a number of mechanisms including

the application of environmental management tools. These are required to:

a. promote the integration of the principles of environmental management set out

in section 2 into the making of all decisions which may have a significant effect

on the environment;

b. identify, predict and evaluate the actual and potential impact on the

environment, socioeconomic conditions and cultural heritage, the risks and

consequences and alternatives and options for mitigation of activities, with a

view to minimising negative impacts, maximising benefits, and promoting

compliance with the principles of environmental management set out in section

c. ensure that the effects of activities on the environment receive adequate

consideration before actions are taken in connection with them;

d. ensure adequate and appropriate opportunity for public participation in

decisions that may affect the environment;

e. ensure the consideration of environmental attributes in management and

decision making which may have a significant effect on the environment; and

f. identify and employ the modes of environmental management best suited to

ensuring that a particular activity is pursued in accordance with the principles

of environmental management set out in section 2.

In addition, NEMA allows the Minister to identify activities which may not be

commenced without prior authorisation. It can also be used to identify areas in which

specified activities may not be commenced without prior authorisation:

(a) identify activities which may not be commenced without prior authorisation

from the Minister or MEC;

(b) identify geographical areas in which specified activities may not be commenced

without prior authorisation from the Minister or MEC and specify such activities;

DEAT (1998), National Environmental Management Act. Department of Environment and Tourism, Pretoria.

Chapter 1

DEAT (1998), National Environmental Management Act. Department of Environment and Tourism, Pretoria.

Chapter 5

DEAT (1998), National Environmental Management Act. Department of Environment and Tourism, Pretoria.

Chapter 5

This legislation is used to control the development of activities such as billboards, large

water reservoirs, masts (over 15m), roads (wider than 15m), hospitality facilities and

landing strips in sensitive areas identified by provinces. Sensitive areas identified

include conservancies, indigenous state forests, protected areas and areas zoned for

public open spaces in urban areas.

While this legislation is a clear attempt to support the Section 24 of the Constitution

there is a gap between the principles espoused in the Act and how this implemented.

Chapter 1 of NEMA (see above) states that development must socially, environmentally

and economically sustainable. This however is never fully defined or followed through

in the Act, which instead dwells at some length on defining development activities and

geographical areas where legislative control may be exerted. The legislation is not

explicit on what types of development would be considered sustainable and therefore

high density urban housing, which may be seen as more socially, environmentally and

economically sustainable is not given preference or support over development that may

be seen as being less sustainable such as golf courses or casinos.

It can therefore be argued that current legislation does not adequately define or describe

sustainable development, or ensure that this achieved. Existing legislation tends to be

used to limit particular types of development in specified geographical areas. It can be

argued that sustainable development, as defined in the Constitution, has broader and

more far reaching implications.

2.10 Justifiable Economic and Social Development

Building related legislation does not define justifiable economic and social

development. This however is alluded to in Chapter 5 from NEMA (see above) which

suggests that development should 'maximise benefits'. This could be interpreted to

mean maximising social and economic benefits.

Legislation, therefore, does not provide guidance on whether development can, or

cannot be deemed justifiable. Without this, it is difficult to promote 'justifiable'

development such as schools, housing and health facilities that ensure that rights in the

South African Constitution are fulfilled, in preference to other development which does

not.

Chan and Yung argue that greater flexibility should be used in the way building

legislation is applied to ensure that there is greater flexibility and support for land uses

that are beneficial to communities or which can be 'justified' in this way. In their review

of building related legislation for Hong Kong they show that legislation tends to hamper

innovation and can produce unsustainable infrastructure (Chan and Yung 2003).

2.11 Conclusions and Recommendations

This paper suggests that building related legislation does not adequately uphold and

support Section 24 of South African Constitution. It suggests that the rights outlined in

Section 24 have not been sufficiently translated into clearly defined minimum built

environment requirements, or recognised and supported, through enabling legislation. A

number of recommendations are outlined below which could be explored to ensure that

building related legislation was more effective in meeting Constitutional obligations.

• Health and well being: Minimum thermal performance requirements could be

prescribed for building. In particular, prescribing minimum R-values in roofs of

buildings which is a low cost measure could be used to significantly improve

health and well being in many buildings (Mathews et al, 1995).

• Indigenous and sustainable construction: Indigenous and more sustainable

alternative construction should be recognised and supported through deemed-to-

satisfy clauses in the building regulations. This would enable buildings with this

type of construction to readily achieve approval from local authorities without

additional expense.

• Sustainable development: Sustainable development must be translated into

mandatory requirements for the built environment. This could include

mandatory energy and water efficiency measures as well as prescribed labour

intensity, health and education performance requirements.

• Justifiable development: Justifiable development could be defined in

legislation and steps taken to promote this over development that was less

justifiable or unjustifiable. This legislation could be used to ensure that

development that fulfilled Constitutional rights such as rights to housing,

education and health were supported and achieved in preference to development

that did not.

While these recommendations could improve building standards and equity, the law is

still likely to be seen as a rule based system dictated by government. Building related

legislation will continue to be used to define only minimum standards and may be seen

as largely irrelevant to the design process (Patlis, 2005).

In order for sustainability and Constitutional requirements to be more effectively

integrated into buildings, a more explicit and practical understanding of their

implications for the built environment needs to be developed. This should be used to

inform built environment decision-making processes in order to achieve built

environments that were more sustainable and reflected the South African Constitution

better. The law from this perspective would enable and support a process of integrated

decision-making guided by practical norms based on human rights and sustainability

(Reisman and Aaron, 1987)

3 References

Chan, E. W. and Yung, E. K. (2003), Is the development control legal framework

conducive to a sustainable dense urban development in Hong Kong? Habitat

International, Volume 28, Issue3, September 2004, pp 409-426.

Department of Environment and Tourism (1998), National Environmental Management

Act. Department of Environment and Tourism, Pretoria.

A move in this direction can be found in SABS 1989, Code of Practice for the construction of dwelling housings in

accordance with the National Building Regulations. South African Bureau of Standards. Pretoria

SANS 204 developed by SABS in 2008 could be used as a basis for energy efficiency legislation for buildings.

Department of Labour (2003), Occupation Health and Safety Act, Construction

Regulations. Department of Labour, Pretoria.

Department of Labour (1987), Environmental Regulation for Workplaces, Department

of Labour, Pretoria.

Department of Labour (1988), Facilities Regulations, Department of Labour, Pretoria

De Waal, J., Erasmus, G. and Currie, I. (1999), The Bill of Rights Handbook. Juta,

Johannesburg, 2001, pp 393.

Dolley, C. and Hermanus D. (2009), Fire Rages as Cape boils. Pretoria News.

http://www.pretorianews.co.za/?fSectionId=&fArticleId=vn20090306050138369C7630

77 viewed: 1/06/2009.

Patlis, J. (2005), The role of law and legal institutions in determining the sustainability

of integrated coastal management projects in Indonesia, Ocean & Coastal

Management, Volume 48, Issues 3-6, Sustainability of Integrated Coastal

Management, pp 450-467.

Reisman, M.W. and Aaron, M.S. (1987), Jurisprudence: understanding and shaping the

law. Yale University Press, New Haven.

Mathews, E.H., Richards, P.G, van Wyk, S.L. and Rousseau P.G. (1995), Energy

efficiency of ultra-low cost housing. Build. Environ. 30, pp 427-442.

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National Building Regulations. South African Bureau of Standards SABS, Pretoria.

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http://www.constitutionalcourt.org.za/site/home.htm viewed: 06/06/2009.

South African Human Rights Commission (1996a), Reflections on Democracy and

Human Rights. South African Human Rights Commission, Johannesburg. pp 119

South African Human Rights (1996b), Reflections on Democracy and Human Rights.

South African Human Rights Commission, Johannesburg, pp 120.

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Terblanche, P. (1992), The health and pollution dimensions of domestic energy sources,

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Wieslander

G., Norbäck D.,

Björnsson, E., Janson, C. and Boman, G. (1996),

Asthma

and the indoor environment: the significance of emission of formaldehyde and

volatile organic compounds from newly painted indoor surfaces International

Archives of Occupational and Environmental Health Volume 69, Number 2 /

December. Springer Berlin / Heidelberg, pp 115-124.

ResearchGate has not been able to resolve any citations for this publication.

Like many Western countries, Hong Kong as a densely populated modern city is moving towards the goal of urban sustainability. However, the implementation mechanisms towards achieving such a goal are indeed a complex and often contentious process. Increasing demands have been made by the public in requesting developers to minimise the impact of property development on the environment. These global concerns can be much more difficult to implement in a city like Hong Kong that has a high concentration of urban population, constant pressure upon infrastructures and a limited supply of land resources. This paper argues that much of the rationale behind the prevailing development control laws today is not conducive to meeting with the requirements of ''sustainability''. A research was carried out to identify the obstacles in the area of planning and building laws that hinder the implementation of sustainable dense urban development. The research is backed with a review on the criteria anticipated by the Hong Kong government for sustainable development and an appraisal of the development control legal framework in Hong Kong to find any defects in the existing system. Following a questionnaire survey, a series of in-depth interviews was also conducted to explore the possibility of improvements. The correlation of several major issues is also identified. Recommendations are presented in this paper with the aim to minimise the barriers created by the current development control legal framework towards the goal of a sustainable dense urban development.

E.H. Mathews
P.G. Richards
S. L. van Wyk
P.G. Rousseau

Housing is a problem in all developing countries. Presently South Africa has a large urbanization drive, to such an extent that over the next 10 years 1300 houses per day must be built to alleviate the problem. Most of the houses currently being erected could be described as ultra-low-cost houses. These houses are constructed by their owners in record time from corrugated iron. Advantages are the accessibility of building material and straightforward building techniques.Unfortunately the dwellings are thermally and energy inefficient. As a result inhabitants spend a disproportionate percentage of their income on winter heating. They use highly polluting and low energy content fuels such as wood and coal. This presents health risks and burdens the environment and natural resources.This paper evaluates the potential of inexpensive modifications which contribute to improved living and environmental conditions. Investigations are based on a unique analysis method which is eminently suitable for application to the problem. Modifications such as cardboard insulation showed the most potential. Although often available free of charge as waste products, results indicate that a definite cost saving incentive exists even if owners have to buy the cardboard.Modifying the houses as suggested reduces energy requirements and the release of greenhouse gases into the atmosphere by up to 75%. The subsequent reduced burning of wood and coal also improves indoor living conditions. Implementing the results of this study thus will not only benefit the inhabitants of ultra-low-cost housing but will also help to preserve the environment.

Jason M. Patlis

One of several papers exploring factors relating to sustainability of integrated coastal management (ICM) in Indonesia, this paper specifically looks at the role of law in promoting ICM sustainability. The paper first paints the general legal landscape governing coastal resources in Indonesia. Specifically, it discusses legal issues specifically relating to management of coastal resources, highlighting the conflicts that arise among the vast body of sectoral laws, and analyzing why those conflicts are so prevalent and so difficult to resolve. It then discusses the recent laws relating to decentralization, and highlights some of the dichotomies created in the effort to delegate management authorities to regional governments within a unitary form of government. The example presented by the establishment of Bunaken National Marine Park in North Sulawesi, and the subsequent donor projects designed to assist in Park planning and management, underscore these legal conflicts and the difficulties in resolving them. Specifically, in creating Bunaken National Park, the central government superimposed an entirely new legal framework on pre-existing regional management, with little socialization or transition. These dichotomous frameworks limited the success of the US AID-sponsored Natural Resources Management (NRM) I Program. With the advent of regional autonomy, and a project design that better accommodated the existing legal realities, the follow-on NRM II was more successful. The paper concludes that, although ICM sustainability is hampered by limitations within the legal framework, project sustainability can still be achieved by recognizing, addressing, and accommodating the legal frameworks in which they will operate.

As a part of the worldwide European Community Respiratory Health Survey, possible relations between asthma and emissions from newly painted indoor surfaces were studied. The participants (n = 562) answered a self-administered questionnaire, with questions on symptoms and indoor exposures, including indoor painting, during the last 12 months. The participants also underwent a structured interview, spirometry, peak flow measurements at home (PEF), methacholine provocation test for bronchial hyper-responsiveness (BHR), and skin prick tests. In addition, serum concentration of eosinophilic cationic protein (S-ECP), blood eosinophil count (B-EOS), and total immunoglobulin E (S-IgE) were measured. Current asthma was defined as a combination of BHR and at least one asthma-related symptom (wheezing and attacks of breathlessness). The information gathered on indoor painting was compared with exposure measurements of formaldehyde and volatile organic compounds (VOC) performed in a selected sample of the dwellings (n = 62). Relations between exposures, asthma and clinical signs were calculated by multiple linear or logistic regression, adjusting for possible influence of age, gender and tobacco smoking. The prevalence of asthma was increased among subjects with domestic exposure to newly painted surfaces (OR = 1.5; 95% CI 1.0-2.4), particularly newly painted wood details (OR = 2.3; 95% CI 1.2-4.5) and kitchen painting (OR = 2.2; 95% CI 1.1-4.5). Moreover, blood eosinophil concentrations were significantly elevated among subjects living in newly painted dwellings. A significantly increased prevalence of symptoms related to asthma, but not BHR, was observed in relation to workplace exposure to newly painted surfaces. The indoor concentration of aliphatic compounds (C8-C11), butanols, and 2,2,4-trimethyl 1,3-pentanediol diisobutyrate (TXIB) was significantly elevated in newly painted dwellings. The total indoor VOC was about 100 micrograms/m3 higher in dwellings painted in the last year. A significant increase in formaldehyde concentration was observed in dwellings with newly painted wood details. Our results indicate that exposure to chemical emissions from indoor paint is related to asthma, and that some VOCs may cause inflammatory reactions in the airways. To improve asthma management, and to counteract the increasing frequency of asthma, the significance of the indoor environment should not be neglected. Our study suggests that the contribution of emissions from paint to indoor concentrations of formaldehyde and VOCs should be as low as possible.

Code of Practice for the Application of the National Building Regulations

South African Bureau of Standards (1990), Code of Practice for the Application of the National Building Regulations. South African Bureau of Standards SABS, Pretoria. South African Constitutional Court (2009), What is the definition of a constitution? http://www.constitutionalcourt.org.za/site/home.htm viewed: 06/06/2009. South African Human Rights Commission (1996a), Reflections on Democracy and Human Rights. South African Human Rights Commission, Johannesburg. pp 119

The health and pollution dimensions of domestic energy sources, atmospheric impact management

P Terblanche

Terblanche, P. (1992), The health and pollution dimensions of domestic energy sources, atmospheric impact management, CSIR, Pretoria.

C Dolley
D Hermanus

Dolley, C. and Hermanus D. (2009), Fire Rages as Cape boils. Pretoria News. http://www.pretorianews.co.za/?fSectionId=&fArticleId=vn20090306050138369C7630 77 viewed: 1/06/2009.

Reflections on Democracy and Human Rights. South African Human Rights Commission

South African Human Rights (1996b), Reflections on Democracy and Human Rights. South African Human Rights Commission, Johannesburg, pp 120. South African Human Rights (1996c), Reflections on Democracy and Human Rights. South African Human Rights Commission, Johannesburg, pp 120.

Jurisprudence: understanding and shaping the law

M W Reisman
M S Aaron

Reisman, M.W. and Aaron, M.S. (1987), Jurisprudence: understanding and shaping the law. Yale University Press, New Haven.

Pretoria 21 SANS 204 developed by SABS in 2008 could be used as a basis for energy efficiency legislation for buildings

J Erasmus
G Currie

A move in this direction can be found in SABS 1989, Code of Practice for the construction of dwelling housings in accordance with the National Building Regulations. South African Bureau of Standards. Pretoria 21 SANS 204 developed by SABS in 2008 could be used as a basis for energy efficiency legislation for buildings. Department of Labour (2003), Occupation Health and Safety Act, Construction Regulations. Department of Labour, Pretoria. Department of Labour (1987), Environmental Regulation for Workplaces, Department of Labour, Pretoria. Department of Labour (1988), Facilities Regulations, Department of Labour, Pretoria De Waal, J., Erasmus, G. and Currie, I. (1999), The Bill of Rights Handbook. Juta, Johannesburg, 2001, pp 393.

Source: https://www.researchgate.net/publication/259214857_The_South_African_Constitution_Are_Sustainable_Buildings_Mandatory

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