In South Africa 1 000 people die of AIDS everyday and 100 000 more people require ARVs every year. There is therefore an urgent need to provide access to ARVs andother essential medicines. The South African Constitution requires the government totake reasonable measures to ensure access to health care. The government has cited financial constraints as the major ohstacle to fulfilling this constitutional imperative. In an effort to stretch their budgetary resource other medium-income countries have used measures such as compulsory licences, voluntary licences and parallel importation. These measures, provided for in the TRIPS Agreement and the Doha Declaration, are available under South African legislation but have not been properly implemented due to a lack of political will. The proper use of compulsory licences by the South African government is vital because all twelve of the ARVs on the World Health Organisation's Essential Medicines List are protected in South Africa by our patent laws. However, in order to issue compulsory licences more easily and quickly the South African Legislature will need to pass legislation which clarifies the ambiguities contained in TRIPS and the Doha Declaration. Other methods to lower the price of medicines include the segmentation of the South African market in order to facilitate differential pricing. The State must balance its use of such measures with programmes to incentivise research and development into neglected diseases and HIV/AIDS. Such programmes will also assist the State's capacity to conduct its own research and development into new medicines, whilst bolstering its domestic pharmaceutical manufacturing capacity. The ultimate solution to South Africa's access to medicine problem is to create a pharmaceutical manufacturing industry capable of producing the most complex medicines, so as to lessen its dependence on drug manufacturers reducing their prices. The way to create a sophisticated pharmaceutical manufacturing capacity is to use the flexibilities in TRIPS and to uphold South Africa's high patent standards. The Constitutional Court's involvement is essential in order to force the State to implement its own policies so as to provide access to affordable medicines. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2000.

No abstract provided. / Thesis (LL.M.)-University of KwaZulu-Natal, 2011.

The study also provides an overview of the impact of privatisation on human rights. To accomplish this objective, case studies of Zambia were undertaken within the concept of the social and economic impacts, seeking to answer six basic research questions posed: What were the objectives of the Zambian privatization programme? Was the privatization process executed according to the provisions of the Zambian Privatization Act of 1992 and 1996? How is the outcome of the privatization process perceived by Zambians, success or failure, what are some of the social and economic consequences of privatisation programme? What are the human rights implications of the privatization programme undertaken in Zambia? Mainly qualitative data collecting methods, involving semi-structured interviews, document analyses and direct observations of activities of the privatised companies were employed, to answer these questions. The study examines Zambia's background to privatisation, posits implications of privatisation on the realization of human rights, looks at the case study of privatisation of the ZCCM and the outcomes of privatisation. The study has been influenced by a number of conflicting divestiture evaluation outcomes: for some the Zambian privatization process represents a model programme, the 'most successful in Africa', which serves as an example for other developing African countries to emulate whilst for others, it is a "deeply flawed experience", resulting in negative social and economic consequences which permitted the withdrawal of the provision of social services, massive human rights violations and job losses. Based on evidence from these outcomes, the principal findings from the study suggest that Zambia's privatisation programme has had both negative and positive results. In reviewing the outcomes of the privatisation process, the intent is neither to justify nor reject privatisation, but rather, on the basis of past experience, to highlight key elements of outright failures and success and provide recommendations for future use. / Thesis (LL.M.)-University of KwaZulu-Natal, Westville, 2006.

This dissertation seeks to explore the judiciary as an independent and separate arm of government. In doing so, this dissertation attempts to provide a holistic analysis of the constitutional and legislative framework that has been established to protect both individual and institutional independence of the judiciary in South Africa. The question that will be asked is whether such mechanisms are consistent with the section 165 of the Constitution. Central to this analysis is whether the system of court administration that was inherited from apartheid is appropriate for the purposes that courts now have to perform under South Africa‟s constitutional democracy. Chapter one lays the foundation by providing an introduction to the topic under discussion. In doing so, this chapter also provides the research question, literature review, and an explanation of the research methodology. Lastly, this chapter attempts to trace the historical foundation of the principle of judicial independence. It is concluded that judicial independence is linked with the development of the rule of law and seeks to counter unfettered power. In an attempt to provide a conceptual definition for judicial independence, chapter two draws from international law instruments. This definition focuses on the distinction between independence and impartiality; individual and institutional independence. It is then concluded that judicial independence is vital for good governance, administration, accountability and the protection of the public from the arbitrary and abusive exercise of power by the state. Chapter three focuses on the independence of judges in South Africa, in other words, individual independence. This chapter contains an analysis of legislative mechanisms adopted in South Africa to protect the judges from improper influence in their adjudicatory tasks. Further, this chapter also analyses jurisprudence relating to impartiality and bias. It is concluded that the constitutional and legislative framework adopted in South Africa sufficiently insulates judges from improper influence. As far as impartiality is concerned, it is concluded that in terms of South African jurisprudence, the presumption is that judges are impartial. The burden of proof falls on the party alleging bias. Chapter four focuses on court administration. This chapter gives an overview of the structure of courts and the current system of court administration in South Africa. Further, this section discusses how the doctrine of separation of powers relates to court administration. This section also discusses reforms to the current system of court administration that have been proposed by the Department of Justice and Constitutional Development. It is concluded that the current system of court administration is inconsistent with the Constitution and the doctrine of separation of powers as it permits the executive to encroach upon the independent functioning of the courts. Chapter five seeks to discuss some of the challenges that threaten judicial independence in South Africa. This chapter begins by providing a cursory overview of some of the main incidents which have threatened the independence of South Africa‟s judiciary. The main focus of this chapter is the alleged attempt by the Cape Judge President Hlophe to improperly influence judges of the Constitutional court in their adjudicatory tasks. Moreover, this chapter discusses the manner in which the complaint against Judge Hlophe was dealt with by the Judicial Service Commission. It is concluded that in dismissing the complaint against Judge Hlophe without a thorough examination, the Judicial Service Commission abdicated its constitutional duty. It is also concluded that the unresolved complaint against Judge Hlophe casts a shadow of doubt over the impartiality and independent functioning of the judiciary in South Africa. The main conclusion in chapter six is that the protection of independence in South Africa suffers from contradictory elements which leave the judiciary under executive control, which constitutes an insidious erosion of the doctrine of separation of powers. Therefore the status of the judiciary as an equal arm of government in South Africa is weak. Thus, while South Africa's judiciary is impartial and contains strong elements of individual independence, it is not independent. The essence of the recommendations relate to the functioning of the Judicial Service Commission, the application of section 175 (2) of the Constitution, the tenure of judges, the administration of courts, the complaint against Judge Hlophe and the Superior Courts Bill. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

In this investigation, a review is undertaken of the newly promulgated and existent legislation pertaining to the conservation of biodiversity, and the establishment of protected areas as the primary means to protect representative samples thereof. This review develops understanding of the various types of protected areas which may be used, in a broad sense, to conserve the country's biodiversity, with special reference being made to the recently promulgated Protected Areas Act. In undertaking this, a detailed discussion of biodiversity, trusteeship and the concept of systematic planning and irreplaceability is generated. Cursory comment and discussion in a socio-political context, in particular regarding land reform, as well as the various international obligations and commitments the country has undertaken, is made. Despite South Africa being the third most biologically diverse country globally, it is concluded that the conservation of its biodiversity has had a troubled and undirected history. The establishment of protected areas, as a result, has been ad hoc and potentially ineffective at a national scale. The source of this observation is linked directly to the absence of a structured and co-ordinated framework that supports the fulfilment of the country's international commitments to conserve biodiversity. The promulgation of the Biodiversity Act and subsequently the Protected Areas Act, has brought into playa significant step forward in developing this co-ordinated framework. The Act clarifies and brings effect to the State's trusteeship as well as providing a platform for the participation of a wider range of role players, especially previously disadvantaged and land dispossessed communities, in conservation and protection of biodiversity. This participation includes conserving biodiversity for economic, social, and cultural reasons. The absence of meaningful incentives for private and communal landowners to voluntarily conserve biodiversity, and the significance ofthis, is also discussed. Finally a consideration is given of the secondary aim of this legislation, to simplify the statutes concerning the conservation of biodiversity and particularly those pertaining to protected area establishment. This simplification is only partially achieved as a number of protected areas are still not at all or partially regulated by the Protected Areas Act. This may be a source of confusion and uncertainty. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.

Conservation agreements have been used successfully around the globe for the conservation of biodiversity on private land. In South Africa however, their use to this end has largely been overlooked. Conservation mechanisms in the country have focussed primarily on traditional methods; establishing and managing protected areas identified as having some form of conservation significance. At present only 5.8% of land in South Africa is conserved in statutory protected areas, however government has committed itself to increasing this percentage to 8%. Furthermore, many of the country's biodiversity-rich areas are situated on private land and are currently afforded little or no protection. The cost of purchasing the land is not only financially prohibitive but also socially unacceptable and consequently alternative conservations mechanisms need to be explored. This study provides a comparative analysis of the legislation governing conservation agreements in the United States, Canada, Australia and New Zealand and highlights several common key provisions which have contributed to the success of these agreements. It also provides recommendations on possible changes to the South African legislation to allow for a more effective contribution by private landowners to biodiversity objectives and targets within the country. Although the study establishes that conservation agreements can be accommodated within South Africa's legal system it acknowledges that the success of these agreements is largely dependent on complex interactions between effective policy, supporting institutional arrangements, and attractive incentives. It cautions that if these agreements are to work in South Africa, then careful consideration needs to be given not only to tailor-making the legislation to the South African environment but also to establishing incentives which facilitate "buy-in" from landowners. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

Consider this: South Africa recently became the first country in the world to commercially release genetically engineered maize for human consumption. In contrast to the cautionary approach adopted by other African countries, South Africa has one of the fastest growth rates in genetically engineered crop cultivation worldwide, almost doubling the number of hectares of the country now planted with genetically engineered crops since 2001. Owing to the genetic engineering revolution in our food, it is no wonder that people are becoming more concerned about the food on their plates than ever before. It is essential that people consuming genetically engineered food become aware of who is benefiting and who is not benefiting from the biotechnological industry, by understanding the risks to health, the environment and the economy. If the food that consumers purchase is genetically engineered, consumers should have the right to know and make that choice to either purchase or avoid genetically engineered food. This topic is pertinent in South Africa, as the government has clearly decided that genetically engineered food is part of our future and, to date, the labelling of GE food is not mandatory. / Thesis (LL.M.)-University of Natal, Durban, 2003.

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.

South Africa is a semi-arid country virtually surrounded by water, yet fresh water is a scarce commodity and much of the population is currently without potable water. Water is the essence of life and a renewable resource that changes through the hydrological cycle. The 1996 Constitution produced a new framework for water legislation in South Africa, culminating in National Water Act, 1998 and the Water Services Act, 1997. This study assesses the change in the approach to water resource management brought about by these Acts. In addition, the Water Research Act, 1971 was reviewed. This legislation introduces an holistic approach of integrated water resource management that recognises mutual dependence of water and land management at local catchment level to ensure sustainability. Water is also no longer divided between private and public sectors, but is deemed to be a national resource under the trusteeship of the State for the benefit of present and future users to ensure the Constitutional right of access to sufficient water. Additional important features include: recognition of the hydrological cycle; the concept of a Reserve; change of institutional responsibility from national to catchment management with associated cooperative governance and public participation; receiving water quality objectives of the individual resource; and demand management approach to water supply. Implementation of this approach is through a two-tier strategy, namely a national water research strategy and catchment management strategies for each defined water management area, that will link to the water services development plans. The national strategy filters fundamental principles to each catchment strategy, focusing on the water resource as well as potential pollution sources. In turn, each catchment strategy will provide information for input into the national strategy and water resource information system. The water services development plan will provide data for the water services and water resources national information systems, as well as the catchment strategy. However, the National Government policy of providing basic water services free may hinder the financial sustainability in effectively providing this function. These strategies and plans are part of a planning process that requires review and progressive improvement and change according to the changing needs of both the resource and society. The institutions responsible for driving this process are the catchment management agency for the catchment strategy and the water services authority for the water services development. Overall the approach to water resource management in South Africa is based on classification of river systems; determination of the reserve; international obligations; and equitable and sustainable allocation of the remaining resource through licensing and registration. Although integration and sustainability are complex issues, the Acts provide a competent framework for the link between water resources protection and water services provision. Success and sustainability of water resources management in South Africa is dependent on cooperative governance, integration of environmental factors, public participation and education, administrative compliance and financial capacity. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 2003.