Title : Reclaiming ecological justice: Integrating indigenous knowledge systems in environmental law for justifiable development in South Africa
Abstract:
In the face of the triple planetary crisis climate change, biodiversity loss and pollution South Africa’s legal framework is increasingly called to mediate between environmental protection and developmental needs. Section 24 of the Constitution mandates ecologically sustainable and justifiable development, yet the interpretation of “justifiable” remains contested and inadequately applied. This abstract proposes that the integration of Indigenous Knowledge Systems (IKS) into environmental law offers transformative pathways toward defining and achieving justifiable development. Drawing from Venda ecological ethics and Ubuntu jurisprudence, the paper interrogates how traditional ecological governance rooted in communal stewardship, spiritual interdependence and reciprocity with the natural world can inform postcolonial legal reforms. It critically examines the limitations of current Environmental Impact Assessment (EIA) frameworks under NEMA and advocates for culturally grounded, participatory decision-making models. By exploring case studies where IKS based resistance has protected sacred lands and water sources, the study reveals how Indigenous epistemologies can enrich legal interpretations, uphold socio-environmental justice and ensure climate resilient development. The paper concludes by offering recommendations for reconciling human rights, ecological sustainability and cultural heritage preservation in environmental governance. This contribution seeks to provoke dialogue on reimagining law not only as a tool of regulation but as a means of ecological restoration and decolonial justice.
Keywords: Justifiable development, Indigenous Knowledge Systems (IKS), environmental law, Ubuntu jurisprudence, ecological justice, NEMA, postcolonial legal reform, climate resilience, cultural heritage, South Africa.
