Abstract
Mining activities contribute significantly to economic development but often result in disproportionate social and environmental burdens on marginalised communities in South Africa. Despite constitutional guarantees and comprehensive legislation, these communities report ongoing exposure to pollution and inadequate rehabilitation of abandoned mines. This article explores the role of environmental justice in shaping legislative responses to mining impacts, evaluating whether current legal and regulatory frameworks sufficiently protect vulnerable communities. Utilising document analysis of legislation, policy, and case law, findings indicate that while environmental justice is recognised in law, implementation is hindered by enforcement challenges, power imbalances, and insufficient public participation mechanisms. While the recent Mineral and Petroleum Development Bill, 2025 attempts to address "meaningful consultation," yet systemic issues remain. The study argues that the effective operationalisation of environmental justice is contingent upon robust enforcement and the integration of procedural and recognition justice, not just distributive justice.