Women, Justice, & the Environment

In a compelling interview, Justice Nambitha Dambuza of South Africa’s Supreme Court of Appeal offers a deeply personal and judicial reflection on the intersection of environmental law, gender, and transformative justice. With over two decades on the bench, Justice Dambuza speaks candidly about her growing focus on environmental harm, an area of law often overlooked in traditional legal training and still grappling with complex scientific evidence.

Justice Dambuza highlights the landmark “Deadly Air” case, where the court addressed the grave public health consequences of air pollution caused by coal-fired power plants. Women, she explains, have emerged as the primary witnesses and change agents in environmental litigation. As caregivers and community leaders, they experience firsthand the impact of environmental degradation, from childhood illness to food insecurity, and are increasingly leading efforts for accountability and reform.

Her insights emphasize the need for judicial systems to develop a deeper, gender-sensitive understanding of environmental harm. Environmental justice, she asserts, must not only address ecological damage but also center the lived realities of vulnerable populations, particularly women. This requires new legal thinking, one that embraces transformative constitutionalism and remedies that reflect equity and efficiency.

Justice Dambuza also calls for greater support and capacity-building for judges handling such cases. She stresses the importance of cross-jurisdictional dialogue and knowledge exchange, especially among women judges. “We need to talk more, and talk all the time,” she says, underscoring how judgments serve not only to resolve disputes, but also to educate and empower communities.

Her final message is clear: the path to environmental justice is collective, and women, both as judges and as advocates, are at its forefront.