Whilst the mining industry has stimulated the economic growth of South Africa, its activities have also impacted on the social and environmental well-being of the communities and ecosystems in which it operates. Environmental degradation often severely affects the livelihoods of people in rural areas, who are often impoverished. Hondeklip Bay, a small fishing community in the Northern Cape, has been affected by the mining activities of the adjacent Hondeklip Bay Mine. The purpose of this paper is to identify whether impoverished residents affected by the detrimental effects of mining activity have rights to enforce the protection of their environment. These environmental rights pertain to an environment that is safe and not harmful to one's health and well-being. Environmental obligations of the mines as illustrated in terms of applicable legislation, and legal recourse available to the residents affected by the infringement of their environmental rights are furthermore explored. / Jurisprudence / LL.M

This study examines the implementation and enforcement of the right to environment in the Constitution of the Democratic Republic of Congo, and compares it with the situation in South Africa. To date, there is no legislation in the DRC that gives effect to this right, and the gap between the guaranteed right and the reality remains significant. Guidance may be found in the South African model for implementing and enforcing environmental right(s) which is sustained by an array of legislation. While the priorities on the agenda of political leaders in the DRC lack real willingness to deal with this matter, parliament must be pressured to pass legislation that gives effect to the right to environment and to improve the current framework of environmental regulation. It is imperative to create awareness in government and at grassroots level for the protection of the environment as a human right. / Jurisprudence / LL.M.

This study examines the effectiveness of environmental and developmental rights within the SADC region, especially the status of their implementation and enforcement in the DRC and the RSA. The SADC Treaty recognizes implicitly the rights to environment and to development. Unfortunately, the unequivocal commitment to deal with human rights within the region is not translated with equal force into the normative framework established by the Treaty or into SADC’s programmed activities. No institution has been established with the specific mandate to deal with human rights issues, neither are there any protocols or sectors especially entrusted with human rights protection and promotion. The SADC member States do not share the same understanding or agenda on matters pertaining to the respect for, and the promotion, protection and the fulfilment, of human rights at the regional level. The inception of environmental and developmental rights within the Constitution of the DRC is still in its infancy compared to the situation in South Africa. Implementation and enforcement remain poor and need important support from all organs of state and from the Congolese citizens. A strong regulatory framework pertaining to human rights (environmental and developmental rights) remains an urgent issue. Guidance may be found in the South African model for the implementation and enforcement of human rights, although the realization of the right to environment in South Africa is hampered by a number of factors that cause the degradation of the environment. Against South Africa’s socio-economic and political background, the constitutionalization of the right to development remains of critical concern to a sustainable future for all. The Congolese and South African peoples need to be made aware of their constitutional rights, especially their environmental and development rights, and the institutions and the mechanisms available to enforce them. They need to be empowered to demand justice as a right not as an act of charity. It is patently clear that the authorities will not protect the environment or tackle the development agenda unless there is a strong people’s movement to challenge the State and other role players over environmental and development issues and ethics. / Constitutional, International & Indigenous Law / LL.D.

This study examines the implementation and enforcement of the right to environment in the Constitution of the Democratic Republic of Congo, and compares it with the situation in South Africa. To date, there is no legislation in the DRC that gives effect to this right, and the gap between the guaranteed right and the reality remains significant. Guidance may be found in the South African model for implementing and enforcing environmental right(s) which is sustained by an array of legislation. While the priorities on the agenda of political leaders in the DRC lack real willingness to deal with this matter, parliament must be pressured to pass legislation that gives effect to the right to environment and to improve the current framework of environmental regulation. It is imperative to create awareness in government and at grassroots level for the protection of the environment as a human right. / Jurisprudence / LL.M.

Although the mining industry contributed to the development of the country by providing infrastructure and employment, it left a negative impact on the environment. To this end, various pieces of law were promulgated to limit environmental damage and hold those who pollute (Mining Companies / licensees) accountable. This research focused on two study sites namely Blyvooruitzicht and Grootvlei gold mines. Both mines underwent forced mine closure and their environmental liabilities remained unresolved. This study focused on important laws governing the South African gold mining sector, to form an understanding of these laws and to establish if these laws protect the environment sufficiently or not. The study included an overview of the current relevant legislative framework regarding mines, with the aim of identifying if there were gaps between Mining law, Company law, B-BBEE law (Equity Law) and Environmental law. This included an exploration of the interrelationships between the various pieces of legislation and the challenges relating to compliance and enforcement of these mentioned laws. Further to this, the research study investigated the requirements and responsibilities of the South African State, and directors of mining companies. The finding was that South African law with respect to mining companies needs minor adjustments, but the crux of the problem is a lack of effective implementation and enforcement by the State. There is ineffective administration of environmental quality control by the various designated National Government Departments. Recommendations made include the need for clear monitoring of compliance and enforcement of the environmental regulatory framework if there is to be successful mine closure in South Africa. In addition, the South African State Government could consider incentivizing compliance, that is, reward mining companies who uphold environmental law. Further to this the thesis suggest the elimination of any contradictions between the various legislations within the mining industry and stipulates that legislation must be read in conjunction with one-another if a robust legislative framework is to exist. / Environmental Sciences / M.Sc. (Environmental Science)

Whilst the mining industry has stimulated the economic growth of South Africa, its activities have also impacted on the social and environmental well-being of the communities and ecosystems in which it operates. Environmental degradation often severely affects the livelihoods of people in rural areas, who are often impoverished. Hondeklip Bay, a small fishing community in the Northern Cape, has been affected by the mining activities of the adjacent Hondeklip Bay Mine. The purpose of this paper is to identify whether impoverished residents affected by the detrimental effects of mining activity have rights to enforce the protection of their environment. These environmental rights pertain to an environment that is safe and not harmful to one's health and well-being. Environmental obligations of the mines as illustrated in terms of applicable legislation, and legal recourse available to the residents affected by the infringement of their environmental rights are furthermore explored. / Jurisprudence / LL.M

This study examines the effectiveness of environmental and developmental rights within the SADC region, especially the status of their implementation and enforcement in the DRC and the RSA. The SADC Treaty recognizes implicitly the rights to environment and to development. Unfortunately, the unequivocal commitment to deal with human rights within the region is not translated with equal force into the normative framework established by the Treaty or into SADC’s programmed activities. No institution has been established with the specific mandate to deal with human rights issues, neither are there any protocols or sectors especially entrusted with human rights protection and promotion. The SADC member States do not share the same understanding or agenda on matters pertaining to the respect for, and the promotion, protection and the fulfilment, of human rights at the regional level. The inception of environmental and developmental rights within the Constitution of the DRC is still in its infancy compared to the situation in South Africa. Implementation and enforcement remain poor and need important support from all organs of state and from the Congolese citizens. A strong regulatory framework pertaining to human rights (environmental and developmental rights) remains an urgent issue. Guidance may be found in the South African model for the implementation and enforcement of human rights, although the realization of the right to environment in South Africa is hampered by a number of factors that cause the degradation of the environment. Against South Africa’s socio-economic and political background, the constitutionalization of the right to development remains of critical concern to a sustainable future for all. The Congolese and South African peoples need to be made aware of their constitutional rights, especially their environmental and development rights, and the institutions and the mechanisms available to enforce them. They need to be empowered to demand justice as a right not as an act of charity. It is patently clear that the authorities will not protect the environment or tackle the development agenda unless there is a strong people’s movement to challenge the State and other role players over environmental and development issues and ethics. / Constitutional, International and Indigenous Law / LL.D.

LLM / Department of Mercantile Law

This study emanates from the worldwide issue of climate change, as well as the need for all nations to make an effort to reduce their carbon emissions and move towards greener economies. It delves into South Africa's current command-and-control environmental enforcement regime and highlights the pitfalls that allow major air polluters to avoid sanction of any form in many instances. This poor environmental enforcement and compliance effectively means that South Africa is unlikely to be capable of meeting targets set under international agreements. The study confirms that environmental enforcement is inadequately addressed in South Africa. This is attributable to the inherent shortcomings of command-and-control approaches, including that they are inflexible and offer few incentives for firms to modify behaviour to reduce emissions. Poor enforcement of environmental legislation results in negative externalities caused by air pollution being borne by people who did not create such pollution. The study therefore advocates the use of market-based mechanisms as an alternative to traditional command-and-control approaches to environmental enforcement. In light of the South African government's recent publication of the Draft Carbon Tax Bill, carbon taxes as a subset of market-based environmental enforcement mechanisms have the potential to better enforce the polluter pays principle. Mexico, arguably the most forward-thinking developing nation in terms of climate change mitigation, has taken numerous steps towards meeting international commitments, including the implementation of a carbon tax. While South Africa's proposed carbon tax does differ from Mexico's in some respects, the basic premise remains the same and some comparisons can be made in this regard, with accompanying lessons to be learned. Such lessons include that it is imperative that the carbon tax must be set at a high enough rate to meet international commitments whilst at the same time avoiding adverse economic effects, maintaining social welfare and stabilising economic output levels. The proposed carbon tax, while unable to achieve this on its own, is a good place to start and should be utilised in conjunction with the Draft Climate Change Bill to effectively and efficaciously bring about the required change. The proposed carbon tax undoubtedly has the potential to better hold major air polluters responsible for their CO2 and other GHG emissions. / Private Law / LL. M.