According to the Constitution , everyone has the right of access to any information held by the State and any information that is held by another person that is required for the exercise or protection of any rights.

The National Environmental Management Act (NEMA) underscribes the Constitution with regards to environmental information:

    Every person is entitled to access to information held by the State relating to the implementation of any law affecting the environment and actual and future threats to the environment.
    Organs of State are entitled to have access to information relating to the state of the environment and actual future threats to the environment, including any emissions to water, air or soil. A request for information can be refused under certain conditions.

Government will address gaps in existing knowledge regarding the identification of components of biodiversity and threatening processes as stipulated in the White paper on the conservation and sustainable use of South Africa’s biological diversity. A mechanism to manage and collate information regarding the understanding of consequences of threatening processes or activities on ecological functions and processes, will be developed to ensure that decisions are taken upon the best applicable knowledge available. Such information will be available to the public.

Public participation in the decision-making processes regarding minerals and mining operations will be ensured and access to information will be in accordance with the requirements of the Constitution.