In the past estuaries' mouths were artificially breached in order to protect human proprietary interests. However, the Western Cape High Court, and subsequently the national Supreme Court of Appeal, recently dismissed an application to compel the authorities to protect private property against back-flooding from the Klein River estuary. The High Court of KwaZulu-Natal subsequently dismissed a similar application of the Sugar Planters Limited and two of its shareholders to prevent their low-lying farms adjacent to the St. Lucia estuary from being flooded. These two cases are of current significance as their outcomes at first glance seem to, in accordance with the contemporary global shift to environmental regulation, have favoured nature's interest over that of human beings. Ecocentrism as opposed to the traditional anthropocentric approach that favours human interests supports ecological interests and the rights of nature. Ecocentrists regard humans as part of the whole ecological community on planet earth, and claim that humans must respect nature in its own right. This shift is also reflected in South African laws, among others in the National Water Act 31 of 1998 and the National Environmental Management: Integrated Coastal Management Act 24 of 2008. The latter Act specifically provides regulation for the proper management of estuaries. The extension of interests to be taken into account in legislation and governance ecocentrism holds the potential for conflicts to arise between human and ecological interests. One particular example of such a conflict is the one between human proprietary and ecological interests in estuarine ecosystems. It is the first time since the introduction of NEMICMA that the courts have had to decide on competing human proprietary and ecological interests assumedly by grappling with the more ecocentric provisions provided in the relevant laws. Against this background this dissertation critically reviewed the two recent South African court cases related to estuaries through the lens of rights of nature. To answer the research question of whether the courts applied the more ecocentric approach to environmental regulation as integrated into the laws relevant to estuaries and thus provided guidance how to apply them, this dissertation first unpacked the theoretical background to the shifts in approaches to environmental regulation and then provided evidence of this shift in the South African environmental legal framework relevant to estuaries. After having done so, it critically analysed the two above-mentioned cases and concluded that the courts missed excellent opportunities to focus the discussion on competing human (proprietary) and ecological interest in the context of estuaries.

Includes abstract. Includes bibliographical references.

The deteriorating state of South Africa's natural environment has been linked to the exponential growth in anthropogenic pressures associated with urban life. In the wake of dire water shortages and the onslaught of climate change, reports have shown increased environmental degradation and evidence of decreasing water, soil and air quality. The state of the environment has therefore raised concerns as to the legal relationship governing communication, engagement and accountability between citizens, government authorities, and the private sector. Following the promulgation of the Constitution of the Republic of South Africa and the inclusion of the environmental right, environmental law significantly developed as a means to regulate activities affecting people and the environment. The National Environmental Management Act and the Promotion of Access to Information Act therefore, play a critical role in overseeing decision-making and accountability between stakeholders regarding activities that affect the environment. Citizens are usually the ones affected most by environmental degradation and therefore require proper public involvement in decision-making and environmental governance efforts. Public participation is vital to incorporating local knowledge and practices into formal government and private sector decision-making processes with an emphasis on the sharing and access of environmental information as well as the ability to hold wrongdoers accountable. Using academic legal literature, jurisprudence, governmental and organisational reports, the dissertation examines the theoretical notions of environmental governance, public participation and access to information. Following this, links are made between the theoretical notions and to accepted forms of environmental information, the means and outcomes of granting access followed by the important role of rights and laws in providing the procedures with which to allow citizens access to information held by public and private bodies. The dissertation therefore emphasises the value of legislation that offers wide access to information, in a user friendly and explanatory manner, to assist all members of society in accessing information. Access to information is a pivotal tool for holding government and private entities accountable for pollution and environmental degradation and allows citizens to enforce their right to a healthy environment. In doing so, the important oversight role of the courts in adjudicating on and balancing interests where environmental protection is concerned, is highlighted. In light of this, the dissertation assesses the key legal elements that make up any effective access to information regime and compares these key legal elements to those that make up the South African access to environmental information regime with a focus on the Promotion of Access to Information Act. These key elements include the scope and nature of information, limitations, access procedures, protection of whistle-blowers and appeal and review mechanisms. The efficacy and practical implementation of these key elements are critically reviewed alongside a consideration of how they have been interpreted by the courts. The dissertation thus provides a blended discussion and review of the state of access to environmental information in South Africa using relevant laws and cases to highlight various challenges, successes and guidance that has emerged and how it may aid future requesters.

Includes bibliographical references. / The appearance and development of the concept of sustainable agriculture in international legal discourse has taken place in a period of human history characterised by elevated understanding of the complex relationship between humanity and its surrounding environment.

The world is currently facing a global climate crisis largely associated with growing greenhouse gas emissions, of which carbon dioxide (CO₂) emissions are a significant component. As the fourteenth largest emitter of CO₂ globally and the highest per capita CO₂ emitter in Africa, South Africa has a responsibility to implement legal and fiscal instruments to reduce its emissions. One instrument receiving growing global attention to reduce CO₂ emissions is carbon tax; a tax imposed directly on the emission of carbon or the use of products which generate carbon emissions. South Africa is following the global trend and has for the past decade sought to formulate a carbon tax regime which is effective in its operation, equitable in its impact across different sectors, and which does not result in the collapse of the country's economy. Whilst yet to be finalised, several policy documents have provided a clear indication of its anticipated form, and 2015 saw the publication of the Draft Carbon Tax Bill with the Bill being re-­released in 2017, which by all accounts is due to be finalised for implementation in mid-­2017. The time would accordingly appear ripe to critically review the country's anticipated carbon tax regime, and this forms the focus of this dissertation. This critical review was undertaken against several tax design elements identified by international commentators, namely: environmental effectiveness; tax revenue; support for the tax; legislative aspects; technical and administrative viability; competitiveness effects; distributional aspects and adjoining policy areas. The critical analysis of South Africa's imminent carbon tax regime against generally accepted tax elements has determined that it will be effective in its operation, equitable in its impact across different sectors and it will promote a more sustainable and resilient domestic economy.

Wetlands cover a small portion of the world's surface a rea but they provide the most significant contribution to people for survival and sustainable development. In South Africa wetlands are considered the most threatened of all the country's ecosystems. South Africa's legal framework governing wetlands recognises the importance of natural infrastructure and its contribution to ecosystem services. Notwithstanding this recognition, the deteriorating status of South Africa's wetlands is evidence that the legal framework, dominated by a fragmented command and control approach, has not adequately addressed the risks or considered the integration of potentially innovative mechanisms to facilitate their protection and restoration. Payment for Ecosystem Services (PES) is a market based instrument which has proven to be a successful mechanism in several developed and developing countries for restoring the functioning of the natural environment and providing economic returns to those responsible for having done so. This dissertation proposes that PES will provide a viable and effective tool to complement the existing regulatory mechanisms in the South Africa legal framework to conserve wetlands. Albeit there are several challenges which would need to be overcome such as land tenure in rural areas. The successful rollout of PES can be achieved through improved co - operative governance, an increased focus and improved legal regime in the agriculture sector and the successful implementation of existing policies and strategies. It is critical that policy and regulations specific to a PES scheme are introduced to enable effective integration with the existing legal framework, facilitate participation, specifically of rural communities and efficient and effective administration.

Includes bibliographical references / Trade in rhino horn is currently banned in terms of CITES, however the last few years have seen the establishment of an illegal trade which supplies the growing demand for rhino horn through poaching. As a result, a rhino poaching crisis has developed in South Africa, this dissertation will seek to analyse the theories for and against the legalisation of trade as a method to address said crisis. In addition to considering whether the legalisation of trade is the most viable option, this paper will explore how one would go about lifting the trade ban. The latter will involve looking at the proposal for trade to be submitted, as well as what such a trade might look like if such a proposal is successful.

Includes bibliographical references. / South Africa’s environmental resources are in serious decline, despite the constitutional environmental right, and multiple environmental protection laws. A predominant reason for this is that the criminal sanction is the default method of environmental enforcement. Even if prosecutors succeed in proving guilt beyond reasonable doubt, the fines imposed are too low to deter environmental violations. This dissertation proposes the introduction of an administrative penalty system into SA environmental law, as this system has had positive compliance impacts in numerous jurisdictions. Administrative penalties in the Netherlands and United Kingdom (the roots of SA’s civil and common law systems, respectively) are evaluated to identify best practices for administrative penalties. In SA’s environmental regime, there is an ‘administrative fine’ contained in section 24G of the National Environmental Management Act 107 of 1998. This is not a true administrative penalty, nor does it comply with the recommended best practices. Section 24G should either be deleted or substantially improved to meet its obligation of protecting the environment. Given the significant potential of administrative penalties to improve environmental compliance and enforcement, practical suggestions are made regarding their introduction into SA environmental law as a means to halt the current widespread non-compliance with environmental legislation.

Planning law has a significant role to play in facilitating and governing development within a country. In South Africa, a shift has occurred from the utilisation of planning laws to regulating development, to facilitating it. A key area of this legal discipline is spatial planning, which determines the ideal utilisation and allocation of an area for certain land uses. The history of spatial planning in South Africa, and more specifically in the Western Cape, is an interesting one as the planning system that exists is fragmented and fraught with confusion. This has resulted in issues, confusion and conflicts which has resulted in numerous court cases. Previous attempts to reform the planning regime have proven to be somewhat unsuccessful as inherent challenges persist whilst new challenges have arisen. Prior to the introduction of the Constitution, spatial planning was utilised to promote Apartheid ideologies. In 1994 South Africa entered into a democratic era, entrenching equal rights and subjecting all laws to the Constitution. This had hefty impetus for spatial planning and its instruments which, to a large extent, were racially biased and therefore became unconstitutional. The legal regime governing spatial planning was tasked with addressing the ills of apartheid and simultaneously striving towards the goal of sustainable development. Issues and challenges have arisen, which have resulted in a fragmented and incoherent planning dispensation. These challenges and issues include the persistence of old order planning legislation and sector policies with activities operating parallel to the planning discipline. Consequently, there is overlap and confusion with regard to the purpose and legal status of spatial planning instruments. To address this at the national sphere, in 2013 contemporary planning reform was embarked upon, with the enactment of Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). In light of recent planning reform triggered by the commencement of SPLUMA, the aim of this dissertation is to determine if SPLUMA provides a more coherent legal regime governing spatial planning in South Africa. This is pursued by understanding the role spatial planning has had in South Africa, by determining the nature, scope and purpose that spatial planning under the legal regime prior to SPLUMA. During Apartheid a dichotomy of planning systems existed, where different areas were governed by different laws which were underpinned by racial segregation. This resulted in significant issues of fragmentation and confusion. The transition to democracy brought about significant changes to the legal landscape, including planning as the nature, scope and purpose of spatial planning was tasked with addressing the ills of apartheid and promoting sustainability. Although legislative reform was triggered by democracy, clarity of the legal framework governing spatial planning did not occur. One of the contributing factors of this was the persistence of old order legislation and the spatial planning instruments it provided for. The commencement of SPLUMA has triggered wholesale reform which aims to provide a more coherent legal regime governing spatial planning. Positive strides towards this are evident, including the uniform approach which is applicable throughout South Africa that SPLUMA adopts.

Increasing global attention on climate change has resulted in the growth of climate change litigation worldwide. 2019 and 2020 saw a global rise in human rights-based climate change litigation and certain new trends seem apparent in this litigation, specifically relating to holding governments accountable for their actions. Due to climate change cases being canvassed comprehensively in other publications up until 2019, this dissertation focuses on those cases filed in 2019 and 2020 and cases in which major developments occurred in the last two years. Prior to 2019, the trends that emerged from climate change litigation were, inter alia, governments being held accountable for not adhering to stated national commitments, the linking of the impacts of extracting resources to climate change, establishing that certain emissions are causing particular adverse climate effects, the liability of governments that failed to adapt to the climate crisis and the use of the public trust doctrine. In the context of human rights-based climate change litigation targeting government accountability (relevant litigation) there appears to have been a shift in the trends that have emerged since 2019. These trends are claimants relying on regional instruments in the relevant litigation, the use of judicial review, the increasing use of children's rights in the relevant litigation and the linking of climate change and the displacement of indigenous people. The content of this dissertation critically evaluates these contemporary trends and highlights ongoing challenges and opportunities for development in the field of human rights-based climate change litigation targeting government accountability