A dissertation submitted to the Faculty of Architecture, University Of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Science in Town and Regional Planning Johannesburg, 1991 / This dissertaion will explore the principles of legal precedent and how they are applied in the legal decision-making process. This will take place in the framework of law and the South African legal system. The similar concerns of planning and law will be described. The nature of planning precedent and the way in which it is set and applied in principle and practice will be described. This will be compared to legal precedent and criticised accordingly. Case studies will be used to illustrate the practlcal ways in which planning precedent is created. All discussions will take place in terms of the notion of the pUblic interest as it is viewed from the perspective of the public sector planner. The growth and development of Planning and planning legislation will be traced to illustrate the public interest nature of planning. The dissertation will conclude with a set of recommendations which serve to formalise the way in which planning precedent is set and used.

Thesis (LLM. Dev.) --University of Limpopo, 2011

Thesis (LLM) --University of Limpopo, 2011 / Bishop Edward Lekganyane Bursary Fund

Thesis (LL.M.) --University of Limpopo, 2010 / Refer to document

Thesis (LLM) --University of Limpopo, 2007 / Refer to document

In this dissertation a study was undertaken of environmental administration in city-status local authorities in South Africa. Local authorities in South Africa constitute the third tier of government. They are established to provide essential goods and services to the community and to contribute to the national goal of community welfare. The services rendered by a local authority affects the quality of life of its inhabitants. South Africa is presently undergoing a period of transition and there are demands placed on local authorities to improve the quality of life of its inhabitants. Local authorities have become increasingly sensitive to environmental matters. Environmental administration plays a pivotal role in improving the quality of life of the community. In order that local authorities carry out their environmental functions efficiently and effectively, it is essential that the enabling generic administrative processes, managerial, functional, auxiliary and instrumental activities be instituted and executed. The enabling administrative processes include policy-making, organising, financing, staffing, determining methods and procedures and exercising of control. In the execution of these duties it is imperative that the normative factors, namely respect for environmental rights, ethics of environmental conservation, requirements of administrative law, maintenance of public accountability, fairness and reasonableness, efficiency and effectiveness and transparency and freedom of information be taken cognisance of. Attention was focused on the policy-making process emphasising environmental concepts and applications, environmental projects, pressing environmental issues, environmental awareness and external participation. Organisational structures in the form of committees are regarded essential to ensuring effective environmental administration. Appropriate and specific financial allocations are necessary for the environmental administration function. Well defined staffing practices are basic to ensuring that municipal functionaries involved in environmental administration achieve their objectives. Methods and procedures have to be constantly reviewed in the light of overall changes in environmental administration. The exercising of control is vital to ensure that the processes of environmental administration are performed within the context of the normative factors. The recommendations contained in the dissertation are directed at continuous review of environmental administration in local authorities within a conceptual framework which constitutes the following functions, policy-making, organising, financing, staffing, determining methods and procedures and exercising of control. Focus was placed on processes such as : (i) the formulation of environmental policy; (ii) designing separate organisational structures; (iii) specific budgetary allocations; (iv) the need for staffing practices to ensure that objectives are achieved; (v) the need for uniform and constant review of methods and procedures; and (vi) establishing codes of conduct relevant to environmental administration. / Thesis (MPA)-University of Durban-Westville, 1994.

Wilderness areas face serious threats to their integrity and continued existence. The law has a critical role to play in their protection. To be effective, however, the law must be based on sound philosophical and socio-economic considerations. There is increasing recognition, internationally and nationally, of the utilitarian, intrinsic and biocentric values of wilderness and wildlife. There is also an international trend toward recognition and accommodation of tribal cultures and their traditional natural resource harvesting rights within national legal and political systems. Effective protection of the wilderness resource on which South African tribal cultures depend for their continued existence is essential. Communities adjacent to wilderness areas must be allowed to participate in the determination of the boundaries of, the preparation and implementation of the management plans for, and the benefits derived from, such areas. Wilderness management in South Africa must be linked to economic planning and rural development. The values of wilderness to humankind are increasingly being recognised and protected in international treaties and national legal systems. A comparative analysis of relevant events in the United States, in particular, clearly demonstrates that the most effective vehicle for establishment of a national wilderness system is a national wilderness statute. South Africa should acknowledge the international trend towards wilderness preservation, take instruction from the legal initiatives and protective mechanisms adopted in other countries, recognise that its wilderness is a global heritage, and accept ' that it has an obligation to protect what remains of its wild country, not only in the interests of its present and future generations, but also in the interests of the world community. A review of the history and current status of wilderness in South Africa, and of the laws which indirectly or directly provide protection of wilderness areas, wilderness values, or wilderness equivalents, suggests that there is a need for a new legal dispensation for the preservation of the remnants of South African wilderness. At present there is statutory protection of declared wilderness areas in State forests only, in terms of the Forest Act 122 of 1984. There is no direct legislative protection of wilderness on other public lands, and no legal protection of wilderness on private land. Effective and sustainable protection of South African wilderness will best be achieved through the medium of an appropriate national Wilderness Act. / Thesis (LL.D.)-University of Natal, Durban, 1992.

The African National Congress (ANC) is engaged in an armed conflict with the South African Government for control of South Africa. ANC combatants are being prosecuted under South African criminal law as rebels, a process which undermines the normative value of the criminal law because it is in conflict with popular support for the ANC. International law provides a humanitarian alternative to the criminal law. This study investigates the international legal protections available to combatants in the conflict. Lawful combatant status and prisoner of war status would only be available if the South African armed conflict was classified as international. It has been argued that the international status of the ANC, derived from the denial of self-determination to the South African people, internationalises its war against the South African Government. Attempts have been made to enforce this concept. Article 1(4) of Geneva Protocol 1 classifies armed conflicts involving a movement representing a people with a right of se If-determination against a .. racist re,gime" as international. But South Africa did not accede to Protocol 1 and the argument that it is custom fails because of insufficient international support. Nevertheless, the developing situation justifies an examination of the personal conditions required to gain protectedstatus. The conditions in Article 4 of Geneva Convention 3 (1949) are onerous, making it impracticable in South Africa. Protocol l's updated conditions are more suited to the armed conflict. The Conventions and Protocol 1 also make available procedural and substantive protections to combatants and deal with special issues particular to South Africa. The South African armed conflict can alternatively be classified as non-international. Common Article 3 of the 1949 Conventions applies because South Africa is party to them. Geneva Protocol 2 is not .applicable because South Africa is not a party to it. Unfortunately, Article 3 only applies general humanitarian principles and not protected status. To conclude, because of the inadequate means for enforcing the classification of the South African armed conflict as international and the inadequacy of the protections available under the law of non-international armed conflict, it is urged that the Government confer ex-gratia. lawful status on ANC combatants. / Thesis(LL.M.)- University of Natal, Durban, 1988.

Land is a non-renewable and finite resource which comprises a variety of ecosystems that support biological diversity and provide food, shelter and raw materials to society. With a multitude of land uses competing for this precious resource, the land is becoming fragmented, altered and transformed. Land transformation has been acknowledged as a key contributor to the degradation of the environment and has serious implications for poverty, food security and biodiversity. This research focuses on land use changes within the uMngeni and Mpofana municipalities in KwaZulu-Natal. The main objectives were to critically review Environmental Impact Assessment (EIA) decisions and document those EIAs received and finalised over the period 1999 – 2010, spatially define the location of decided EIAs, determine the types of EIA decisions issued, characterise the type and extent of land uses, describe patterns of land use change and identify the key factors responsible for changes in land use. During the research period a total of 337 EIA applications were received and 332 EIA applications were completed in the uMngeni Municipality and 182 EIA applications were received and 178 completed in the Mpofana Municipality. The types of EIA decisions issued consist of Records of Decisions, Environmental Authorisations, Exemptions, Withdrawals and Commencements. The key classes of land use changes that have occurred in uMngeni Municipality are Agriculture to Residential, whilst within the Mpofana Municipality the predominant land use change occurred within the Agricultural land use category. For both municipalities the Agriculture to Residential land use category experienced the greatest extent in land use change. In authorising EIA applications, the predominant key decision factors were based on the comments from Ezemvelo KwaZulu-Natal Wildlife and Amafa aKwaZulu-Natali. In refusing EIA decisions the findings of various specialist studies, incompatible land uses and land use planning initiatives were the predominant key decision factors. The conclusions are that agricultural land is being transformed for use as nonagricultural activities specifically that of residential use. The recommendations include the need for accurate record keeping of data and information pertaining to EIAs and the integration of spatial planning tools and initiatives including Geographical Information Systems in the review of EIAs to improve decision making. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.

The Constitution of South Africa I, (the Constitution) envisages in the Bill of Rights that: Everyone has the right -(a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected. for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; II. promote conservation; and III. secure ecologically sustainable development and use of natural resources while promolingjuslifiable economic and social development.3 There are other statutes that support the Constitution. for example, the National Environmental Management Act (NEMA).4 This Act states in its preamble that : " Whereas many inhabitants of South Africa live in an environment that is not harmful to their health and well being everyone has the right to an environment that is not harmful to his or her health or well being; and everyone has the right to have the environment protected, for the benefit of present and futu re generations, through reasonable legislative and other measures that prevent pollution and ecological degradation ... Both the Constitution and NEMA are not only concerned with the environment but also with the health and well·being of South Africans. The World Health Organization (WHO) has defined health, as ' more than the absence of disease and infirmity, it is a state of complete physical, mental and social well-being.' Environmental health in broad term is concerned with factors in the environment associated with health, well-being and disease, including physical, chemical and biological conditions. / Thesis (LL.M)-University of Durban-Westville, 2001.