ENVIRONMENTAL RIGHTS WITHOUT TEETH: WHEN PROTECTION EXISTS BUT ENFORCEMENT LAGS
By Princess Eugene Majuru
Zimbabwe’s 2013 Constitution is notable for including environmental rights—an increasingly important feature in modern constitutional design. It recognises the relationship between people, land, and sustainability, and places a duty on the State to protect the environment for present and future generations.
Yet, despite this strong recognition, a critical question remains: how enforceable are these rights in practice? The Constitution provides the principle of environmental protection, but its enforcement mechanisms remain less clearly defined. The result is a framework where environmental rights exist—but are not always effectively secured.
1. The Constitutional Right to a Healthy Environment
The foundation is found in Section 73(1), which provides:
“Every person 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…”
What this means:
- Environmental protection is a constitutional right
- It applies to all people
- It recognises intergenerational responsibility
This is a strong and progressive provision.
2. State Obligations
Section 73(2) adds:
“The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the rights set out in this section.”
Key issue:
The same concept of progressive realisation appears again.
Implication:
- environmental protection is conditional
- implementation depends on resources
- timelines are not fixed
3. Environmental Protection and Development
The Constitution also links environment and development.
Section 13(1) provides:
“The State and all institutions… must endeavour to facilitate rapid and equitable development…”
The tension:
- development requires resource use
- environmental protection requires conservation
Result:
a built-in conflict between economic growth and environmental sustainability
4. The Enforcement Gap
While Section 73 recognises environmental rights, the Constitution does not provide:
- specialised environmental courts
- automatic penalties for environmental harm
- clear mechanisms for rapid enforcement
This creates a problem:
Citizens have the right—but enforcement often depends on:
- general courts
- regulatory agencies
- policy frameworks
5. Access to Justice
Section 85(1) allows individuals to approach the courts:
“Any person… may approach a court… alleging that a fundamental right or freedom… has been, is being or is likely to be infringed…”
This is important:
- environmental rights can be litigated
- courts can intervene
However:
- litigation can be expensive
- cases can take time
- technical expertise is required
6. The Structural Weakness: Rights Without Strong Tools
The Constitution establishes:
- a clear environmental right (Section 73)
- a duty on the State
- access to courts
But it does not fully provide:
- immediate enforcement mechanisms
- strong institutional infrastructure
- strict liability frameworks
The result:
protection depends more on implementation than on constitutional force alone
7. The Deeper Constitutional Tension
Zimbabwe’s Constitution reflects a broader global challenge:
- protecting the environment
- while pursuing economic development
This creates a dual obligation:
- to preserve natural resources
- to utilise them for national growth
Without clear prioritisation, enforcement becomes:
context-dependent and often inconsistent
8. The Core Question
The Constitution raises an important issue:
Can environmental rights be effective if they rely on gradual implementation and indirect enforcement mechanisms?
This is the central limitation of the current framework.
A Right Recognised, But Not Fully Secured
Zimbabwe’s Constitution deserves recognition for including environmental rights. Section 73 is a strong statement that environmental protection is not optional—it is a constitutional obligation.
However, the reliance on progressive realisation, combined with limited enforcement mechanisms, weakens the practical impact of this right.
The result is a system where:
- environmental protection is guaranteed in principle
- enforcement depends on institutions and resources
- outcomes vary in practice
In this sense, environmental rights in Zimbabwe’s Constitution are present, progressive, but not yet fully empowered.
The path forward is not to redefine the right—but to strengthen the systems that make it real:
clearer enforcement mechanisms, stronger institutions, and a more direct link between constitutional protection and practical accountability.
Until then, the Constitution protects the environment in theory—but leaves its full protection dependent on how effectively the system acts on that promise.
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