In the environmental context banks face direct, indirect and reputational risks from their internal operations and their external business activities. The current specific focus on the protection of the environment makes it essential for banks and their directors to be aware and stay on top of potential risks and liabilities. This is especially so because banks’ directors can be criminally prosecuted for environmental crimes. The application and effect of the Prevention of Organised Crime Act 121 of 1998 (POCA) on persons convicted of an environmental crime or crimes has been identified as a possible new or added risk for banks and their directors. Banks in addition to their normal environmental risk and liabilities also need to contend with the possibility of lender liability. Existing legislation pertinent to lender liability does not expressly or specifically deal with lender liability. Absence of judgements on lender liability further exacerbates the risks and the uncertainty for banks in South Africa. Therefore, banks remain subject to legal uncertainty and associated risks. The issue of lender liability specifically with regard to the implication of “the person in control” requires clarification. Hence, it is recommended that legislation relevant to lender liability (National Environmental Management Act 107 of 1998; National Water Act 36 of 1998 and the National Environmental Management: Waste Act 59 of 2008) be revised to specifically accommodate and protect lenders (lending banks) in certain distinct circumstances. The role of banks is that of an intermediary between borrowers and lenders of money. Therefore, it influences the direction and pace of economic development and by default steers and promotes either sustainable or non-sustainable development. Currently, mainstream banks are in effect financing a brown economy and hence subscribe to a weak form of sustainability. It would seem that mainstream banks are more concerned with managing the impact that environmental risk may have on bank lending than the impact of bank lending on the environment. The evolving nature of sustainability (from weak to strong and from a brown to green economy) demands a fundamental policy change for banks. It is expected that mainstream banks will be put under even greater pressure than before to make the transition from weak to strong sustainability. Hence, banks’ current environmental risk management systems will not be sufficient to cater for new environmental risks and liabilities that the move to stronger sustainability (in the form of the green economy) will present. Banks should adopt the stronger version of sustainability; formulate environmental principles that the bank will adhere to; incorporate these environmental principles into all aspects of its lending cycle, develop an environmental risk management system that should include as a minimum the identification of all the applicable legislation pertaining to the specific financing or lending of capital, risk identification, assessment of the specific risk, implementation of risk control measures, mitigation of the risk, risk monitoring and auditing. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The South African coastal and marine environment is an essential ecologic and economic asset. Its associated services and products are substantially contributing to economic growth and sustainable development of the country. However, it is internationally and nationally recognised that land-based marine pollution (LBMP) is the most important single risk to the health and sustainability of coastal and marine waters and the associated ecosystems. The regulation of LBMP at the national level is still difficult and challenging. The issue of LBMP management has only recently been introduced in South Africa with the development of the National Programme of Action to Protect Marine Environment from Land-based Activities, 2008. South Africa is only starting to consider the question of LBMP regulation. This thesis aims to conduct a critical analysis of the South African regulatory framework pertaining to LBMP in comparison to international best practice and the French regulatory framework, in order to identify the key South African challenges in this regard and to make recommendations to address them. In order to do so, this research commences by providing an analysis of LBMP and the theoretical foundations associated with LBMP regulation, as promoted by international best practice. The study identifies and assesses the main regulatory features to be considered in the development, implementation and/or assessment of a regulatory framework pertaining to LBMP. These features will form the methodological framework to conduct the comparative legal assessment between the French and South African regulatory frameworks pertaining to LBMP. This thesis then provides a detailed and thorough legal analysis of the French and South African regulatory frameworks pertaining to LBMP using the methodological framework developed using guidance from international best practice. Finally, based on lessons learnt from the comparative legal study, this study concludes with a set of recommendations for the South African context. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2011.

The South African coastal and marine environment is an essential ecologic and economic asset. Its associated services and products are substantially contributing to economic growth and sustainable development of the country. However, it is internationally and nationally recognised that land-based marine pollution (LBMP) is the most important single risk to the health and sustainability of coastal and marine waters and the associated ecosystems. The regulation of LBMP at the national level is still difficult and challenging. The issue of LBMP management has only recently been introduced in South Africa with the development of the National Programme of Action to Protect Marine Environment from Land-based Activities, 2008. South Africa is only starting to consider the question of LBMP regulation. This thesis aims to conduct a critical analysis of the South African regulatory framework pertaining to LBMP in comparison to international best practice and the French regulatory framework, in order to identify the key South African challenges in this regard and to make recommendations to address them. In order to do so, this research commences by providing an analysis of LBMP and the theoretical foundations associated with LBMP regulation, as promoted by international best practice. The study identifies and assesses the main regulatory features to be considered in the development, implementation and/or assessment of a regulatory framework pertaining to LBMP. These features will form the methodological framework to conduct the comparative legal assessment between the French and South African regulatory frameworks pertaining to LBMP. This thesis then provides a detailed and thorough legal analysis of the French and South African regulatory frameworks pertaining to LBMP using the methodological framework developed using guidance from international best practice. Finally, based on lessons learnt from the comparative legal study, this study concludes with a set of recommendations for the South African context. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2011.

The aim of this study is to conduct a thorough theoretical study on the relevant aspects involved in knowledge management and organisational learning, and to assess the maturity level of knowledge management within the South African steel industry. Various aspects of knowledge, knowledge management and organisational learning with specific relation to sustainable competitive advantage are discussed in the literature study. During the literature research several factors which either promote or hinder the effective management of knowledge were identified and a list of lessons learned by other successful knowledge focused companies, are discussed. The critical success factors for a successful knowledge management program are also discussed. Knowledge can create a sustainable competitive advantage within an organisation, if successfully applied to make value adding decisions and to enable learning, and if it is applied to make decisions which are superior to that of its rivals across the supply chain. An integrated approach needs to be followed when KM is pursued and the knowledge must be applied to make value added decisions and facilitate learning across all processes in the value chain. The focus must be to retain an organisation’s tacit knowledge as this is a key success factor to ensure a sustainable competitive advantage. The study includes research on whether knowledge management is effectively used as a sustainable competitive advantage in the South African steel industry. The maturity level of the application of knowledge and learning principles implemented within the South African steel industry is assessed and compared to the maturity level of ArcelorMittal, Monlevade, located in Brazil. A survey was designed and distributed to determine the knowledge management and organisational learning maturity levels at two steel facilities of ArcelorMittal in South Africa and one facility in Brazil. The key problem areas as identified through the empirical research are discussed and it is concluded that South African facilities do not effectively use knowledge management as a sustainable competitive advantage. The maturity level of knowledge management in ArcelorMittal, South Africa is low compared to the maturity at Monlevade and rival companies such as Tata and Posco steel. A significant effort needs to be made in order to allow the effective creation, acquisition, sharing and leveraging of knowledge within the South African steel facilities. The key factors which constrain effective knowledge management is related to ineffective Human Resource policies, organisation structure, lack of knowledge exchange forums, collaboration and communication, coaching, and a lack of incentives to share tacit knowledge. It is also evident that knowledge is not seen as a sustainable competitive advantage by many respondents and that they perceive they do not have the time or capacity to transfer knowledge. Ten practical design principles were constructed and a knowledge management framework was developed to guide South African steel companies during the design and execution of a knowledge management programme which will ensure that knowledge management will result into a sustainable competitive advantage. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2011.

The aim of this study is to conduct a thorough theoretical study on the relevant aspects involved in knowledge management and organisational learning, and to assess the maturity level of knowledge management within the South African steel industry. Various aspects of knowledge, knowledge management and organisational learning with specific relation to sustainable competitive advantage are discussed in the literature study. During the literature research several factors which either promote or hinder the effective management of knowledge were identified and a list of lessons learned by other successful knowledge focused companies, are discussed. The critical success factors for a successful knowledge management program are also discussed. Knowledge can create a sustainable competitive advantage within an organisation, if successfully applied to make value adding decisions and to enable learning, and if it is applied to make decisions which are superior to that of its rivals across the supply chain. An integrated approach needs to be followed when KM is pursued and the knowledge must be applied to make value added decisions and facilitate learning across all processes in the value chain. The focus must be to retain an organisation’s tacit knowledge as this is a key success factor to ensure a sustainable competitive advantage. The study includes research on whether knowledge management is effectively used as a sustainable competitive advantage in the South African steel industry. The maturity level of the application of knowledge and learning principles implemented within the South African steel industry is assessed and compared to the maturity level of ArcelorMittal, Monlevade, located in Brazil. A survey was designed and distributed to determine the knowledge management and organisational learning maturity levels at two steel facilities of ArcelorMittal in South Africa and one facility in Brazil. The key problem areas as identified through the empirical research are discussed and it is concluded that South African facilities do not effectively use knowledge management as a sustainable competitive advantage. The maturity level of knowledge management in ArcelorMittal, South Africa is low compared to the maturity at Monlevade and rival companies such as Tata and Posco steel. A significant effort needs to be made in order to allow the effective creation, acquisition, sharing and leveraging of knowledge within the South African steel facilities. The key factors which constrain effective knowledge management is related to ineffective Human Resource policies, organisation structure, lack of knowledge exchange forums, collaboration and communication, coaching, and a lack of incentives to share tacit knowledge. It is also evident that knowledge is not seen as a sustainable competitive advantage by many respondents and that they perceive they do not have the time or capacity to transfer knowledge. Ten practical design principles were constructed and a knowledge management framework was developed to guide South African steel companies during the design and execution of a knowledge management programme which will ensure that knowledge management will result into a sustainable competitive advantage. / Thesis (M.B.A.)--North-West University, Potchefstroom Campus, 2011.

Abstract in English, Zulu and Afrikaans / Environmental Education (EE) has been integrated into the school curriculum for many years. According to this study, integration has to be followed by implementation, therefore the process of implementation is successful when integration has been successfully carried out. This study aimed to understand how teachers meet the curriculum needs of learners in order to implement effective teaching and learning of EE and for learners to gain adequate knowledge of EE. The methodology employed by this study was a qualitative research method and a multiple case study design. The theories employed to guide this study were social learning theory and social constructivism theory. This study employed a purposive sampling technique and three secondary schools were sampled for observations, three Natural Science (NS) teachers in grade 8 classes were sampled for interviews and 24 learners were sampled for focus groups in grade 8 NS classes. The findings of this study reveal that there is a lack of knowledge regarding caring for the environment, of which there is a contradiction between EE guidelines and policies provided by the Department of Education (DoE) and the teaching practices of teachers. Although education is perceived to be an essential tool in the conservation of nature through the development of information, aptitudes, qualities and critical thinking by the general population, it does not seem to have a large impact. In this study the aim was to understand how learners and teachers perceive the environment. This study implicates that there is an important role for other stakeholder’s involvement. Thus far, it was recommended by this study for EE curriculum to be revisited and emphasises the importance of thorough teacher training in regards to the integration. The purpose of this study was to explore how teachers and learners in three selected secondary schools in the UGU education district perceive the integration of EE in classrooms. / I- Environmental Education (EE) ihlanganiswe nekharikhulamu yesikole eminyakeni edlule. Ngokwalolu cwaningo, ukuhlanganiswa kumele kulandelwe ngokusetshenziswa, ngakho- ke, inqubo yokusebenzisa iyaphumelela lapho kuhlanganiswa kwenziwa ngempumelelo. Lolu cwaningo luhlose ukuqonda ukuthi othisha bahlangabezana kanjani nezidingo zekharikhulamu zabafundi ukuze babe nokufundisa nokufunda okusebenzayo kwe-EE nokuthi umfundi athole ulwazi olwanele lwe-EE. Indlela esetshenziswe yilolu cwaningo yayiyindlela yokucwaninga eyejwayelekile, ukwakhiwa kwamacala amaningi okufundwa Kanye nemibono esetshenziselwe ukuqondisa lolu cwaningo kwakuyithiyori yokufunda ukuqondisa lolu cwaningo kwakuyithiyori yokufunda ngokuhlalisana komqondo kanye nomqondo wokuqina kwezenhlalo. Lolu cwaningo lusebenzise inqubo yokuhlampula enenhloso kwathi izikole ezintathu zenziwa amasampula ukuze kubhekwe zona, othisha abathathu be- Natural Science (NS) emabangeni e- 8 bavunyelwa ukuxoxisana nomcwaningi kwathi abafundi abangama- 24 batholakaliselwa ukugxila emakilasini e-NS ebangeni le- 8. Ukutholwa kwalolu cwaningo kuveze ukuthi kunokuntuleka kolwazi mayelana nokunakekela imvelo okukhona kuyo ukungqubuzana phakathi kwemihlahlandlela ye-EE nezinqubomgomo ezinikezwe nguMnyango Wezemfundo (DoE) nemikhuba yokufundisa yabothisha. Yize imfundo ibonwa njengethuluzi elibalulekile kulondolozo lwendalo ngokuthuthukiswa kolwazi, amandla, izimfanelo nokucabanga okubucayi kweningi labantu kodwa akubonakali kunje, ngale ndlela sakwazi ukuqonda ukuthi abafundi nothisha bayayibona imvelo. Lolu cwaningo lugcizelela ukuthi kunendima ebalulekile yokuzibandakanya kwabanye ababambiqhaza. Kuze kube manje, kuyahlongozwa yilolu cwaningo ukuthi ikharikhulamu ye-EE iphinde iphindwe futhi ukugcizelela ukubaluleka kokuqeqeshwa okuphelele kothisha madondana nokuhlanganiswa. Inhloso yalolu cwaningo bekukuthola ukuthi othisha kanye nabafundi ezikoleni ezintathu ezikhethiwe esikhungweni sezemfundo sase Ugu babona kanjani ukuhlanganiswa kwe-EE emakilasini. / Omgewingsopvoeding (EE) is jare gelede by die skoolkurrikulum geintergeer. Volgens hierdie studie moet integrasie gevolg word deur implementering, daarom is de implementeringsproses suksesvol wanneer intagrasie suksesvol uitgevoer is. Hierdie studie het ten doel om te verstaan hoe onderwysers voldoen aan die kurrikulumbehoeftes van leeders voldoen om effektiewe onderrig en leer van EE te implementeer en om leeder voldoende kennis van EE te verwerf. Die metodologie wat by hierdie studie gebruik is, was ‘n kwalitatiewe navorsingsmetode, meervoudige gevallestudie- ontwerp en die teoriee wat gebruik is om hierdie studie te lei, was sosiale leerteorie en sosiale konstruktivisme teorie. Hierdie studie het ‘n doelgerigte steekproefnemingstegniek gebruik en drie sekondere skole is gemonster vir waarnemings, drie onderwysers in Natural Science (NS) in grad 8-klasse is geneem vir onderhoude en 24 leerders is gemonster vir fokusgroepe in grad 8-klasse. Die bevindinge van hierdie studie het aan die lig gebring dat daar ‘n gebrek aan kennis is met betrekking tot die versoging van die omgewing, en daar is ‘n teenstrydigheid tussen die EE- riglyne en –beleide wat deur die Departement van Onderwys (DvO) en die onderwyspraktyke van onderwysers aangebeid word. Alhoewel onderwys beskou word as ‘n noodsaaklike instrument in die bewaring van die natuur deur die ontwikkeling van inligting, aanleg, kwaliteite en kritiese denke deur die algemene bevolking, maar dit lyk nie meer so nie, kon ons op hierdie manier vestaan hoe leerders en onderwysers sien die omgewing waar. Hierdie studie impliseer dat die betrokeenheid van ander belanghebbendes ‘n belangrike rol speel. Tot dusver is deur hierdie studie aanbeveel dat die EE-kurrikulum herbesoek moet word en dit beklemtoon die belangrikheid van deeglike onderwyseropleiding met betrekking tot die integrasie. Die doel van hierdie studie was om te ondersoek hoe onderwysers en leerders in drie geselekteerde hoerskole in the UGU-onderwysdrik die integrasie van EE in die klaskamers waarneem. / Adult Basic Education (ABET) / M. Ed. (Environmental Education)