Banks play an increasingly important role in the economy because they are in a position to, inter alia, promote development of the environment by utilising their financial resources. In some instances lenders who took up finance from banks are responsible for damage to the environment. Why should banks that financed projects, in the normal course of events, be held liable for damage to the environment caused by borrowers? The question may be answered by a comparative legal study of the 2002 European Union Proposal for a Directive of the European Parliament and of the Council on Environmental Liability with regard to the prevention and remedying of environmental damage; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) of the United States; Part IIA of the Environmental Protection Act of 1990 (EPA) of the United Kingdom and section 28 of the National Environmental Management Act of 1998 (NEM A). NEMA, has its foundation in section 24 of the Constitution of the Republic of South Africa. It incorporates sustainable development as a tool to harmonise the necessity to develop with the need to protect the environment. At the same time NEMA emphasises the role of the principle of intergenerational equity, which presupposes the duty of the current generation to hand over the earth in a better condition than in which it was received from the previous generation. In the future banks, when finance is considered for projects that may harm the environment, must take environmental as well as economical factors into account. Purely economical reasons cannot be the only relevant factor. Development that is financially sound will have to be weighed up against social factors as well as the impact that it will have on the environment. Section 28 of NEMA places a general duty of care on every person who causes, has caused or may cause significant pollution or degradation of the environment to prevent such pollution or degradation from occurring, continuing or recurring. The persons saddled with the duty of care are the owner, the person in control, or the person who has the right to use land or premises. Banks may, under certain circumstances, be considered to be the owner, person in control, or even the person who has the right use land or premises. The polluter pays principle is introduced by section 28 as a basis for liability but the principle is expanded to include, not only the polluter, but also entities, such as banks, who in no way whatsoever, contributed to pollution or degradation. NEMA affords no protection to banks in cases where banks became owner of land by virtue of their security interest in the property. By following established commercial practices, banks may be held liable for environmental damage caused by their clients or erstwhile clients. The traditional role of banks as financial institutions has to change because of the duty placed on banks by the Constitution and NEMA to act as instruments in the protection of the environment. By exerting their influence and by implementing new procedures banks will be able to draw the attention of prospective clients to the need to comply with environmental legislation. In terms of the 2002 Directive of the European Union, the operator who directs an operation by which damage is caused can be held liable for environmental damage. It is necessary to prove that the bank exercised operational control over the business of the borrower. The 2002 Directive is more restrictive than section 28 of NEMA. CERCLA is the primary federal legislation dealing with pollution of hazardous substances. The Environmental Protection Agency has the authority to recover the costs for the reparation of damage to the environment. After the US v Fleet Factors Corporation decision the position was that banks might be held liable if their involvement with the management decisions of the borrower are such that they are in a position to influence the decisions of the borrower. The Asset Conservation Lender Liability and Deposit Insurance Protection Act of 1996 (ACA) changed the magnitude of the Fleet Factors decision. Provision is made by ACA to exempt lenders who held security in terms of a secured creditor exemption, on the condition that the property is alienated at the earliest practicable commercially reasonable time after acquiring it. The requirement for liability is that banks must exercise control over the day-to-day activities of a borrower. The Environmental Protection Act of 1990 in the United Kingdom states that the owner (other than the mortgagee in possession) is the person who has the right to receive the rent of the property if the property was let out. It includes the occupier of the property. The test is whether such a person is in control of the property. If the inference can be drawn that the lender is in control then it can be held liable for environmental damage. EPA, CERCLA as well as the Directive makes it clear that if sufficient control is exercised by a lender over the business of a borrower it may be held liable for damage to the environment. The emphasis should rather be placed on the ability of banks, generally, to influence borrowers than to hold them liable for damage caused to the environment by borrowers. / Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2005.

Banks play an increasingly important role in the economy because they are in a position to, inter alia, promote development of the environment by utilising their financial resources. In some instances lenders who took up finance from banks are responsible for damage to the environment. Why should banks that financed projects, in the normal course of events, be held liable for damage to the environment caused by borrowers? The question may be answered by a comparative legal study of the 2002 European Union Proposal for a Directive of the European Parliament and of the Council on Environmental Liability with regard to the prevention and remedying of environmental damage; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) of the United States; Part IIA of the Environmental Protection Act of 1990 (EPA) of the United Kingdom and section 28 of the National Environmental Management Act of 1998 (NEM A). NEMA, has its foundation in section 24 of the Constitution of the Republic of South Africa. It incorporates sustainable development as a tool to harmonise the necessity to develop with the need to protect the environment. At the same time NEMA emphasises the role of the principle of intergenerational equity, which presupposes the duty of the current generation to hand over the earth in a better condition than in which it was received from the previous generation. In the future banks, when finance is considered for projects that may harm the environment, must take environmental as well as economical factors into account. Purely economical reasons cannot be the only relevant factor. Development that is financially sound will have to be weighed up against social factors as well as the impact that it will have on the environment. Section 28 of NEMA places a general duty of care on every person who causes, has caused or may cause significant pollution or degradation of the environment to prevent such pollution or degradation from occurring, continuing or recurring. The persons saddled with the duty of care are the owner, the person in control, or the person who has the right to use land or premises. Banks may, under certain circumstances, be considered to be the owner, person in control, or even the person who has the right use land or premises. The polluter pays principle is introduced by section 28 as a basis for liability but the principle is expanded to include, not only the polluter, but also entities, such as banks, who in no way whatsoever, contributed to pollution or degradation. NEMA affords no protection to banks in cases where banks became owner of land by virtue of their security interest in the property. By following established commercial practices, banks may be held liable for environmental damage caused by their clients or erstwhile clients. The traditional role of banks as financial institutions has to change because of the duty placed on banks by the Constitution and NEMA to act as instruments in the protection of the environment. By exerting their influence and by implementing new procedures banks will be able to draw the attention of prospective clients to the need to comply with environmental legislation. In terms of the 2002 Directive of the European Union, the operator who directs an operation by which damage is caused can be held liable for environmental damage. It is necessary to prove that the bank exercised operational control over the business of the borrower. The 2002 Directive is more restrictive than section 28 of NEMA. CERCLA is the primary federal legislation dealing with pollution of hazardous substances. The Environmental Protection Agency has the authority to recover the costs for the reparation of damage to the environment. After the US v Fleet Factors Corporation decision the position was that banks might be held liable if their involvement with the management decisions of the borrower are such that they are in a position to influence the decisions of the borrower. The Asset Conservation Lender Liability and Deposit Insurance Protection Act of 1996 (ACA) changed the magnitude of the Fleet Factors decision. Provision is made by ACA to exempt lenders who held security in terms of a secured creditor exemption, on the condition that the property is alienated at the earliest practicable commercially reasonable time after acquiring it. The requirement for liability is that banks must exercise control over the day-to-day activities of a borrower. The Environmental Protection Act of 1990 in the United Kingdom states that the owner (other than the mortgagee in possession) is the person who has the right to receive the rent of the property if the property was let out. It includes the occupier of the property. The test is whether such a person is in control of the property. If the inference can be drawn that the lender is in control then it can be held liable for environmental damage. EPA, CERCLA as well as the Directive makes it clear that if sufficient control is exercised by a lender over the business of a borrower it may be held liable for damage to the environment. The emphasis should rather be placed on the ability of banks, generally, to influence borrowers than to hold them liable for damage caused to the environment by borrowers. / Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2005.

This paper investigates the sustainability, trans-boundary protection of resources and mining with particular emphasis on the Coal of Africa case example. It explores the issues pertaining to the sustainability and trans-boundary protection of resources that were taken into account as part of the decision- making process with regard to mining by Coal of Africa in the Greater Mapungubwe area in South Africa. At the centre of the dispute was the mining of coal by Coal of Africa without obtaining a water use licence and other related legal authorisations. This was in violation of sector specific legislation such as the National Environmental Management Act 107 of 1998 and the National Environmental Management Biodiversity Act 10 of 2004, to name just a few. The importance of the Mapungubwe area is that it has a world heritage site and the mining is taking place adjacent to the world heritage site. Therefore, the mining activities by Coal of Africa should be conducted in a sustainable manner and should take into cognisance the four pillars of sustainability, namely, the environment, economic, social and cultural aspects. Furthermore, the mining activities must also take into account principles of sustainable development. The role of the government in regulating mining activities in areas such as Mapungubwe to ensure trans-boundary protection of resources including mineral resources for the current benefit of the communities and future use. In addition, regional instruments such as the African Charter on Human and Peoples' Rights, the Convention on the Conservation of Nature and Natural Resources, the Cultural Charter for Africa, SADC Treaty, SADC Protocol on Mining, provide for sustainable development. Also, the Revised SADC Protocol on Shared Watercourses places an obligation to parties to a shared watercourse to consult before embarking on any activity that may have detrimental environmental consequences. This paper established that to a certain degree economic issues were considered, as mining has the benefits of job creation. However, the failure by Coal of Africa to obtain the water use licence in the beginning could have been avoided. It is recommended that for such future activities an Intergovernmental Mining and Sustainability Forum be established to deal with such issues. In order for such a Forum to effectively function, there is need to amend 2013 MPRDA Amendment Bill. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

This paper investigates the sustainability, trans-boundary protection of resources and mining with particular emphasis on the Coal of Africa case example. It explores the issues pertaining to the sustainability and trans-boundary protection of resources that were taken into account as part of the decision- making process with regard to mining by Coal of Africa in the Greater Mapungubwe area in South Africa. At the centre of the dispute was the mining of coal by Coal of Africa without obtaining a water use licence and other related legal authorisations. This was in violation of sector specific legislation such as the National Environmental Management Act 107 of 1998 and the National Environmental Management Biodiversity Act 10 of 2004, to name just a few. The importance of the Mapungubwe area is that it has a world heritage site and the mining is taking place adjacent to the world heritage site. Therefore, the mining activities by Coal of Africa should be conducted in a sustainable manner and should take into cognisance the four pillars of sustainability, namely, the environment, economic, social and cultural aspects. Furthermore, the mining activities must also take into account principles of sustainable development. The role of the government in regulating mining activities in areas such as Mapungubwe to ensure trans-boundary protection of resources including mineral resources for the current benefit of the communities and future use. In addition, regional instruments such as the African Charter on Human and Peoples' Rights, the Convention on the Conservation of Nature and Natural Resources, the Cultural Charter for Africa, SADC Treaty, SADC Protocol on Mining, provide for sustainable development. Also, the Revised SADC Protocol on Shared Watercourses places an obligation to parties to a shared watercourse to consult before embarking on any activity that may have detrimental environmental consequences. This paper established that to a certain degree economic issues were considered, as mining has the benefits of job creation. However, the failure by Coal of Africa to obtain the water use licence in the beginning could have been avoided. It is recommended that for such future activities an Intergovernmental Mining and Sustainability Forum be established to deal with such issues. In order for such a Forum to effectively function, there is need to amend 2013 MPRDA Amendment Bill. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The closure of a mine is an inevitable event in the lifecycle of a mining operation and one that can have massive environmental, social and economic consequences for mining communities in particular. The ultimate goal of mine closure should be sustainable development and, while adequate planning, risk assessment and goal setting influence the mine closure process, the relationships between stakeholders, especially those between mining companies and communities, lie at the heart of implementing sustainable closure. Mining communities are affected by nearby mining operations and, although they can enjoy the economic benefits of the industry, they also bear the brunt of the negative social and environmental impacts. The focus on sustainable development and corporate social responsibility in addition to the increased power of communities in recent years has forced mining companies to consider the interests of this stakeholder group. The community‟s perceptions and expectations of sustainable development can, however, differ from those of the mining company and have an influence on the stakeholder engagement process. The current study investigates the mining community of Kagiso‟s perceptions of sustainable development and the implications of these perceptions for the implementation of Mintails Mogale Gold Mine‟s approach to mine closure. Stakeholder engagement issues are brought to the fore and recommendations for improving the engagement between the mine and the community are proposed. / M (Development and Management), North-West University, Potchefstroom Campus, 2015

The closure of a mine is an inevitable event in the lifecycle of a mining operation and one that can have massive environmental, social and economic consequences for mining communities in particular. The ultimate goal of mine closure should be sustainable development and, while adequate planning, risk assessment and goal setting influence the mine closure process, the relationships between stakeholders, especially those between mining companies and communities, lie at the heart of implementing sustainable closure. Mining communities are affected by nearby mining operations and, although they can enjoy the economic benefits of the industry, they also bear the brunt of the negative social and environmental impacts. The focus on sustainable development and corporate social responsibility in addition to the increased power of communities in recent years has forced mining companies to consider the interests of this stakeholder group. The community‟s perceptions and expectations of sustainable development can, however, differ from those of the mining company and have an influence on the stakeholder engagement process. The current study investigates the mining community of Kagiso‟s perceptions of sustainable development and the implications of these perceptions for the implementation of Mintails Mogale Gold Mine‟s approach to mine closure. Stakeholder engagement issues are brought to the fore and recommendations for improving the engagement between the mine and the community are proposed. / M (Development and Management), North-West University, Potchefstroom Campus, 2015

Die voorbestaan van die mensdom is nou verweef met die toestand waarin die omgewing verkeer. Menslike aktiwiteite het 'n groot impak op die omgewing, terwyl die omgewing weer die mens se lewensgehalte bepaal. Hierdie studie is dan daarop gemik om deur omgewingsopvoeding, die mens te lei tot omgewingsgesonde gedrag met die oog op volhoubare ontwikkeling. Ten einde hierin te slaag, word die verskillende omgewingsprobleme en die redes daarvoor eers uitgeklaar. Daarna word die faktore wat tot omgewingsagteruitgang kan lei, ondersoek. Hieruit blyk duidelik <lat die wereld en die RSA, in die toekoms digter bevolk, meer besoedel, ekologies minder stabiel en daarom meer gevoelig vir natuurrampe gaan word. Soos uit die proefskrif sal blyk kan omgewingsopvoeding 'n positiewe bydrae tot bierdie omgewingsprobleme lewer. Om daarby uit te kom word daar dus eers 'n kort bistoriese oorsig van omgewingsopvoeding gegee. Die rol en bydrae wat enkele internasionale organisasies tot omgewingsbewustheid gelewer het, word ondersoek. Daar word 'n oorsig gegee van verwikkelinge in die RSA en die invloed van die Aardeberaad op omgewingsopvoeding in die RSA, word ontleed. Ten einde outentieke omgewingsopvoeding te vergestalt word aanvaar <lat die mens met sy geboorte in 'n wereld gewerp word waaraan hy slegs met sy dood kan ontsnap. In hierdie gesitueerdheid in die wereld as leefnrimte, moet hy sin aan sy bestaan gee, terwyl hy ook 'n poging moet aanwend om die omgewing te verbeter, as voorsorg vir die oorlewing van toekomstige geslagte. Met inagneming van die opvoedings- en omgewingsrelasie waarin die mens tot sy omgewing staan, word die essensiele kenmerke van omgewingsopvoeding blootgele, ten einde moontlikheidsvoorwaardes te stel vir outentieke omgewingsopvoeding. Besondere Idem word gele op omgewingsgedrag wat volhoubaarheid nastreef. Dit alles kulmineer in omgewingsgesonde gedrag wat as oorkoepelende doelstelling vir omgewingsopvoeding gestel word. Omdat die mens se gedrag teenoor die omgewing bepaal word deur sy omgewingsetiek, word drie verskillende benaderings tot omgewingsetiek onderskei. Klem word gele op die noodsaak van omgewingsgeletterdheid. Ten einde die mens se optrede teenoor die omgewing te probeer verstaan, word drie omgewingsgedragstyle ontleed. Twee wetenskaplike aardgenese-hipoteses word beskryf vir verdere duidelikheid oor omgewingsgedrag. Aan die einde van die studie, word enkele beginsels gestel wat kan lei tot die ontwikkeling van omgewingsgesonde gedrag met die oog op volhoubare voortbestaan. / Mankind's survival is interwoven with the state of the environment. Human activities have a great impact on the environment, while the environment, again, determines the quality of man's life. This study aims to aid mankind, through environmental education, to environmentally sound behaviour with an eye on sustainable development. To attain this, the different environmental problems and their causes, are sorted out first. Then the factors that can lead to environmental degradation are investigated. From this it is quite clear that in the future, the world and the RSA will be more densely populated, become more polluted, be ecologically less stable and will therefore be more sensitive to natural disasters. Because environmental education can make a positive contribution to this, a short historical survey of environmental education is given. The role and contribution of some international organisations is investigated. Developments in the RSA are surveyed and the influence of the Earth Summit on environmental education in the RSA is analysed. At birth, mankind is thrown into a world from where he can escape only at death. In this world in which he has to stay, he must give meaning to his existence, while also trying to improve the environment to guarantee the survival of coming generations. Bearing in mind the educational and environmental relationship between any human being and his environment, the essential characteristics of environmental education are exposed in order to set possible conditions for authentic environmental education. Special emphasis is placed on environmental behaviour aimed at sustainablility. All this culminates in environmentally sound behaviour that acts as the overall aim for environmental education. Because man's environmental ethic determines his behaviour towards the environment, three different approaches to environmental ethics are distinguished. Emphasis is placed on the necessity for environmental literacy. In order to try to understand man's behaviour towards the environment, three styles of environmental behaviour are analysed. For further clarification of environmental behaviour, two scientific earth genesis hipotheses are also described. In conclusion, this study leads to certain principles that can lead to the development of environmentally sound behaviour aimed at the sustainable survival of mankind. / Educational Studies / D. Ed. (Filosofie van die Opvoeding)

The promotion of sustainable development is an objective shared by African Union (AU) member states and the pursuance thereof is expressly mandated by the Constitutive Act of the African Union, 2000 and the Treaty Establishing the African Economic Community, 1992. Lack of access to modern energy sources, such as electricity and the heavy reliance on traditional biomass as primary energy source are factors contributing to the non-achievement of the promotion of sustainable development. These factors are collectively referred to as energy poverty. The African Continent as a whole has limited, and in some instances, lack access to modern energy sources while the majority of its population relies heavily on traditional biomass as primary energy source. Africa can accordingly be classified as an energy poor region–a situation which does not bode well for the promotion of sustainable development. Access to reliable, affordable, economically viable, socially acceptable and environmentally sound energy services and resources is fundamental to socio-economic development. Mitigating the impacts of energy poverty and more specifically lack of access to modern energy sources on the sustainable development of Africa depends upon ensuring increased access to modern energy sources. The above-mentioned instruments furthermore contain provisions which link regional cooperation on the formulation of coordinated regional law and policy on areas/matters of common concern with the achievement of the objective of promoting sustainable development in Africa. One of the areas of common concerns listed is that of energy. Regional cooperation must accordingly be geared towards the effective development of the continent‘s energy and natural resources; promoting the development of new and renewable energy in the framework of the policy of diversification of sources of energy; and establishing an adequate mechanism of concerted action and coordination for the collective solution of the energy development problems within the AU. The formulation of coordinated energy law and policy should take place with reference to the specific sources of energy to be regulated. In this regard, the provisions of the Abuja Treaty and other sub-regional energy access initiatives list various sources of energy as forming part of a diversified AU energy mix – one of which is nuclear energy. In this study recommendations are made as to what should be embodied in a coordinated AU regional nuclear legal framework aimed at regulating increased access to nuclear energy capable of contributing towards the promotion of sustainable development. The recommendations are based on an examination of relevant international, regional and sub-regional legal instruments and other initiatives. / PhD (Law), North-West University, Potchefstroom Campus, 2014

The increasing amount of power and potentially negative impacts that corporations exert within society has become a growing concern for many people. In response to this and due to the changing role of business in society, more and more members of social groups, who are affected by corporate activities, are claiming their rights to be better informed of and more involved in corporate decision-making. Consequently, the need for companies worldwide to be more accountable for the ways in which they conduct their business has grown at a tremendous rate. Especially during the last decade, companies have globally been placed under increasing pressure from different stakeholder groups to demonstrate and prove their commitments to the idea of Corporate Social Responsibility (CSR). In order to facilitate and guide these CSR-commitments, society has for many years already begun to implement various standards of behaviour/performance, which corporations need to achieve in order to be accepted as being part of the citizenry. However, despite an abundance of such standards in terms of CSR-related guidelines and codes, a clear need has been identified for the development of better measuring tools of CSR, in order to efficiently assess and monitor companies’ performance. The Bench Marks is one of the most comprehensive sets of social and environmental criteria and business performance indicators available. It offers an ethical standard on which to base decisions about global corporate social responsibility. Consequently, the need arose from the Bench Marks Foundation - in collaboration with the Bench Marks Centre for Corporate Social Responsibility at the North-West University – to develop the current Bench Marks CSR Framework into a practical measuring instrument. This need has successfully been fulfilled through this research by means of two methods, namely a literature review and an empirical study. During the literature study, the concepts CSR and Corporate Personality were contextualised - particularly with the investigation of related concepts; as well as critically examined - specifically in terms of their theoretical measurement properties. During the empirical research, quantitative research techniques have been utilised which involved: the application of certain ‘theoretically recognised phases’ of measuring instrument development; as well as a survey in the form of a ‘preliminary measuring instrument’ (in questionnaire format) that was administered on a random sample respondents (n = 350), including the statistical analysis of the results. 189 Questionnaires were completed, which gave a response rate of 54%. The statistical analysis mainly served as an effective guideline for determining the best CSR items (in terms of reliability and validity) to be included in the final version of the instrument. Apart from measuring CSR performance in line with the Bench Marks, the instrument that has been developed by this study, can also be used as a measuring mechanism for Corporate Personality. This is achieved by assessing company behaviour in terms of the theoretical dimensions of CSR (economic, legal, ethical and philanthropic) and Sustainable Development (economic, social and environmental). In doing so, this instrument provides companies with a unique way of identifying their status of being true Corporate Citizens. / Thesis (Ph.D. (Sociology))--North-West University, Potchefstroom Campus, 2012

The research in this study focuses on the role of environmental education activities in the clarification of environmental values in Grade 6 learners. The much discussed environmental crisis arose as a result of man's negative environmental behaviour. Human behaviour is a matter of choices based on environmental values. Environmental value clarification aims to raise learners' awareness of their own values and to increase their effect on the environment. It helps learners to explore their own values, to consider advantages and disadvantages, to accept that others' beliefs may vary from their own, and to align their own actions and behaviours with their personal beliefs. Using environmental education activities the researcher aims to help learners clarify their environmental values as environmental education activities can not only be interesting and fun, but can also have a powerful impact on students' interest in and awareness of environmental problems. As the clarification of environmental values contains a highly subjective component, use is made of a combined method research strategy. The quantitative research component takes place through a pre- and post-test test with an experimental and a control group. During the pre- and post-test a standardised questionnaire is used whilst the interventions take the form of an environmental education activity. A qualitative, collective case study design forms the qualitative part of the combined method, through observation during the activity and focus group interviews thereafter. Three schools that are part of the project "Education for sustainable living", where schools pay attention to the environment through the implementation of environmental management principles, were selected for participation. The findings indicate that learners that were exposed to the activity are confronted with their own environmental values and attitudes whilst being forced to seriously, honestly andcritically reflect on his / her own values regarding specific environmental issues in the activity. / Thesis (MEd (Curriculum Development))--North-West University, Potchefstroom Campus, 2013.