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A proposed framework act for food security in South Africa / Millicent MugabeMugabe, Millicent January 2014 (has links)
South Africa is characterised by high levels of poverty and inequality. Often poor households suffer inadequate or unstable food supplies as well as poor nutrition. Food insecurity is exacerbating due to inter alia high food prices, high living costs, land reform programmes, political instability as well as continuing population and consumption growth. Climate change also has a significant impact on food security for future generations, due to the seasonal shifts and temperature changes. Food insecurity affects the enjoyment of the right to food. Section 27(1)(b) of the Constitution, provides for a right to food and section 27(2) provides the constitutional mandate of the state to take legislative measures for the realisation of this right. As to date of this study, South Africa has not as yet enacted a food security framework act as legislative measure for the progressive realisation of the right to have access to sufficient food. The principal objective of this study is accordingly to propose provisions that may be necessary for inclusion in a proposed South African Food Security Framework Act.
Various aspects relating to the right to food, food security and framework legislation, is discussed in order to establish the need for a food security framework law in South Africa. Subsequently, provisions from similar South African framework legislation (namely the National Housing Act 107 of 1997 and the National Health Act 63 of 2003) are distilled in order to identify provisions that are common in framework legislation for the realisation of other qualified socio-economic rights. The legislative guidelines of the United Nations' Food and Agricultural Organizations (FAO) are then considered in order to identify and discuss the provisions (food related and general in nature) that the FAO deems necessary for inclusion in a food security framework act. Thereafter, the food framework acts of Brazil and Guatemala are outlined in order to determine what provisions other jurisdictions have included in their food security framework acts. The study concludes with recommendations of provisions (according to the findings of the various sections) for inclusion in the proposed South African Food Security Framework Act. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015
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A proposed framework act for food security in South Africa / Millicent MugabeMugabe, Millicent January 2014 (has links)
South Africa is characterised by high levels of poverty and inequality. Often poor households suffer inadequate or unstable food supplies as well as poor nutrition. Food insecurity is exacerbating due to inter alia high food prices, high living costs, land reform programmes, political instability as well as continuing population and consumption growth. Climate change also has a significant impact on food security for future generations, due to the seasonal shifts and temperature changes. Food insecurity affects the enjoyment of the right to food. Section 27(1)(b) of the Constitution, provides for a right to food and section 27(2) provides the constitutional mandate of the state to take legislative measures for the realisation of this right. As to date of this study, South Africa has not as yet enacted a food security framework act as legislative measure for the progressive realisation of the right to have access to sufficient food. The principal objective of this study is accordingly to propose provisions that may be necessary for inclusion in a proposed South African Food Security Framework Act.
Various aspects relating to the right to food, food security and framework legislation, is discussed in order to establish the need for a food security framework law in South Africa. Subsequently, provisions from similar South African framework legislation (namely the National Housing Act 107 of 1997 and the National Health Act 63 of 2003) are distilled in order to identify provisions that are common in framework legislation for the realisation of other qualified socio-economic rights. The legislative guidelines of the United Nations' Food and Agricultural Organizations (FAO) are then considered in order to identify and discuss the provisions (food related and general in nature) that the FAO deems necessary for inclusion in a food security framework act. Thereafter, the food framework acts of Brazil and Guatemala are outlined in order to determine what provisions other jurisdictions have included in their food security framework acts. The study concludes with recommendations of provisions (according to the findings of the various sections) for inclusion in the proposed South African Food Security Framework Act. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015
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Cooperative government in South Africa : examining enforcement mechanisms for municipalities to comply with South Africa’s water regulatory frameworkHene, Boniswa Debbie January 2015 (has links)
Magister Philosophiae - MPhil / There is overwhelming evidence that South Africa’s rivers are heavily polluted, a
situation which is attributable to a large degree to poorly functioning and inefficiently managed waste water treatment works in municipalities. The evidence suggests, furthermore, that municipalities often do not comply with their constitutional obligation to provide water services in a sustainable manner and promote a safe and healthy environment. Such non-compliance infringes on people's constitutionally guaranteed rights to a pollution-free environment and equitable access to sufficient and safe water. The problem is that municipalities are not properly managing the waste water treatment works (WWTWs) and not regulating industrial discharge into these works in accordance with the prescribed national norms and standards. The National Water Act 36 of 1998 and other related Acts provide for legal and informal enforcement mechanisms that criminalise acts of pollution. However, none of them have been effective in enforcing municipal compliance with the national norms and standards of effluent management. There are two main reasons for this. First, the constitutional structure does not allow the Minister responsible for water management to exercise direct supervision of the municipalities despite the functional relationship the Department of Water and Sanitation has with municipalities in respect of water. Secondly, the Constitution (1996) instructs the spheres of government to avoid legal processes and cooperate with one another by intervening to execute the function if the sphere responsible for the function lacks capacity. This thesis explores the possible use of two statutory instruments of cooperative government and intergovernmental relations as strategies to complement and support the conventional enforcement measures in the water sector: the establishment of water intergovernmental forums; and the use of implementation protocols to supervise municipalities that chronically lack capacity as a way of providing targeted support and monitoring to facilitate an effective compliance and enforcement regime in the water sector.
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Women and land : acces to and use of land and natural resources in the communal areas of rural South AfricaUrsula F. Arends January 2009 (has links)
<p>The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or &lsquo / marginalised&rsquo / members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study.</p>
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Women and land : acces to and use of land and natural resources in the communal areas of rural South AfricaUrsula F. Arends January 2009 (has links)
<p>The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or &lsquo / marginalised&rsquo / members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study.</p>
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Women and land: acces to and use of land and natural resources in the communal areas of rural South AfricaArends, Ursula F. January 2009 (has links)
Magister Artium - MA / The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or 'marginalised' members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study. / South Africa
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