It is estimated that South Africa contains vast amounts of shale gas. Meanwhile, the country relies heavily on coal as a primary energy source, as a result, it ranks amongst the highest carbon dioxide emitting countries globally, therefore is a significant contributor to climate change. Climate change is a cause for global concern, if not mitigated it will cause more severe devastation to societies worldwide. The exploitation of shale gas in South Africa will require the use of hydraulic fracturing, a technology that has generated controversy globally. The country however does not have an effective legal framework to regulate the exploration and production of shale gas using this technology. This thesis investigates whether South Africa's petroleum legal framework provides adequately for the protection of the environment against the risks posed by shale gas development. It posits that with a petroleum legal framework premised on avoiding, mitigating, and remediating environmental damage, shale gas could be developed in an environmentally sensible manner in South Africa, to enhance energy security of supply while reducing the country's carbon dioxide emissions to the atmosphere. The assessment employs the comparative legal research methodology and uses the prevention principle (avoidance), precautionary principle (mitigation), and polluter pays principle (remediation) as comparative themes. The comparative jurisdictions are South Africa, the United Kingdom, and Canada. The United Kingdom and Canada are more mature petroleum provinces/jurisdictions, therefore, have relatively advanced legal frameworks for petroleum extraction. The study finds that these principles are already embedded in the South African environmental legal framework. Therefore, the appropriate petroleum legal framework to guide shale gas development in South Africa would be one that provides for the rigorous application of these principles, in an integrated and complementary manner, with close monitoring and enforcement. The capacity of the relevant regulatory agencies will have to be enhanced to ensure effective compliance monitoring and enforcement.

In this thesis, I examine the implementation of community corrections in China with a focus on the factors preventing it from functioning effectively, as well as the possible way forward for the system. I introduce the history and legal framework of community corrections in China and the problems with its implementation. Rather than simply identifying the problems at a superficial level, I have analysed the relevant political context and its influence on the application of community corrections in China in order to identify the sources of problems and suggest potential methods to remedy these problems so as to improve implementation. / Graduate

This thesis examines the extent to which Kenya’s domestic legal framework vindicates indigenous peoples’ land rights. The question of who is an indigenous person in Kenya is, of course, controversial. In order to avoid becoming enmeshed in this debate, this thesis adopts the approach of the African Commission on Human and Peoples’ Rights, which is based on identifying the key concerns faced by marginalised communities who self-identify as indigenous peoples. Such an approach assumes that it really does not matter which label attaches to a group of people when vindicating their fundamental rights, provided that those rights are indeed available to be vindicated. In keeping with this assumption, the main argument of this thesis is that indigenous peoples’ core claim to land rights in Kenya can be accommodated within the mainstream legal framework, including the Constitution, legislation, and judicial decisions. In arguing thus, this thesis contradicts the common assumption, shared by numerous African states, that satisfying indigenous peoples’ claims requires a special legal framework. This assumption is all too often used to deny indigenous peoples’ claims on the basis that satisfying them requires preferential treatment. On the contrary, this thesis argues, it is possible to meet indigenous peoples’ claims by adopting general legal measures aimed at redressing past injustices and continuing socio-economic deprivation and inequality. This thesis further argues that measures aimed at redressing past injustices and alleviating current socio-economic inequality should take into account the particular circumstances of the groups targeted. In the case of indigenous peoples, who rely on their traditional lands for economic sustenance, and for whom land has a special cultural and spiritual significance, this means that the restitution of land should be central to any attempt to redress their particular concerns. As a practical matter, indigenous peoples’ land rights in Kenya may be vindicated in two main ways. The first is through a progressive interpretation of the existing legal framework by courts. Such interpretation hinges on giving effect to existing provisions in Kenya’s Constitution, particularly the right to life, non-discrimination and equality, protection from deprivation of property, and the Trust lands provisions. Progressive interpretation of the existing legal framework could also include recognition and application of the concept of indigenous title. The second way in which indigenous peoples’ land rights may be vindicated is by reforming the law to cater for all previously marginalised groups. Such reforms should include support for land restitution and redistribution, and equal application of African customary law. The first way in which indigenous peoples’ land rights may be vindicated is predicated on judicial activism. Using a court case by the Ogiek indigenous community, this thesis argues that, while the Kenyan legal framework has the potential to protect the land rights of indigenous peoples, its interpretation by the courts has been restrictive. It is therefore imperative that the law should be reformed to accommodate the rights of all marginalised groups. Such reforms need not be specifically designed to protect indigenous peoples, but rather all communities and individuals who are not adequately protected by the existing legal framework. A case study of the Maasai indigenous community is also undertaken to highlight the limitations of assimilationist legal measures that, far from protecting the groups they are meant to assist, instead entrench the status quo. The Maasai group ranches scheme, while ostensibly anchored in the legal framework, was designed to convert otherwise harmonious community land relations to a statutory regime that ignored community traditions and the Maasai’s preferred way of life. The failure of this scheme and the eventual subdivision of Maasai land provide strong evidence of the lack of appreciation and regard for Kenya’s indigenous peoples and the fundamental principles of justice, non-discrimination and equality prevailing at that time. The legal reform option for vindicating indigenous peoples’ rights is dependent upon political processes. By recourse to two comparable experiences, South Africa and Namibia, the thesis demonstrates that indigenous peoples’ land rights can be vindicated through a legal framework adopted to cater for all previously marginalized groups. Albeit fraught with constraints, South Africa’s indigenous peoples have utilised the legal reforms that were enacted to redress the historical injustices of the apartheid regime. Although Namibia has also adopted some legal reforms, especially relating to land redistribution, the apparent lack of political will to address the rights of her most marginalised communities hampers their effectiveness. The Namibian case shows that political processes can not be relied upon to right the wrongs suffered by marginalised peoples, especially when those groups lack political clout. However, as in South Africa, where the end of apartheid provided an ideal political environment to press for reforms that would cater for marginalised peoples’ needs, the political crisis following the December 2007 elections in Kenya provides an important window of opportunity. In the negotiations that followed this crisis, land reform has been identified as one of the key issues that demands comprehensive resolution for peace and prosperity to prevail. It is therefore imperative that genuine reforms that accord all Kenyan people an equitable share of her resources and address historical land injustices are adopted. Such reforms, it is argued, would enable indigenous people to vindicate their land rights, alongside other marginalised peoples. / Thesis (LLD)--University of Pretoria, 2009. / Centre for Human Rights / unrestricted

Magister Legum - LLM / This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive overview of the punishment, prevention of human trafficking in South Africa was looked into as well as victim protection. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa has adopted specific legislation, namely the Trafficking Act. The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties, protocols, declarations and resolutions, which focus specifically on combating trafficking and those with a human-rights focus, obliges States to prosecute traffickers, protect those who are vulnerable to trafficking as well as those already trafficked and establish measures for prevention. This research further highlighted the importance of preventing human trafficking which starts with government but non- governmental organisations play a vital role in this element as well.

The Great Lakes region covers central, eastern and some parts of southern Africa. It is situated strategically in the middle of the African continent and its stability, peace and development is imperative for the African continent. Inter and Intra-state conflicts have gone on in the region for the past couple of decades. These conflicts, which threatened to become a regional war, seem to have come to an end, but have left terrible reminders including the presence of masses of internally displaced persons. Various attempts have been made within the Great Lakes at state and regional level to address the issue of internal displacement. This study has highlighted these attempts while outlining the major setbacks and the gaps manifesting in existing institutional and legal framework. The study further has proposed the need for a comprehensive legal framework which should among other things codify the standards of protection; provide for the means and institutions of coordinating protection and assistance in all phases of displacement; serve as a legal basis for coordinating various regional and international actors and agencies involved in providing protection and assistance for internally displaced persons in Africa; highlight the measure or level of political will to achieve this; and finally provide means of monitoring such protection and assistance and ensure compliance by states. The study has also highlighted that existing frameworks, legal and institutional within the Great Lakes region and through additional aid from international mechanisms and actors are not adequate to resolve the issue of internal displacement within the region permanently and find durable solutions to millions of people laboring from protracted displacement. The study suggests alternative reliance on African systems and their conceptual contribution to the resolution of conflict and displacement in Africa and the Great Lakes in particular. The Final part of the study looks at national attempts to address the problem of internal displacement. Kenya and Uganda are discussed and contrasted in depth whilst highlighting their similarities and differences in addressing internal displacement. Both countries have at one point or the other experienced internal displacement, although not necessarily on the same scale, dynamics, time frame or even severity. They both seem to have taken incredible steps to address the issue of internal displacement including drafting policies, laws as well as assigning responsibilities for the displaced to specific ministries of government. Internally displaced persons in both countries seem to be in the process of returning home, even though at very different scales, and not always necessarily as a durable solution. These two countries have been used as case studies for identifying the domestic process of addressing internal displacement as well as determining the degree of comprehensiveness of the frameworks set up to address internal displacement. / Thesis (LLD)--University of Pretoria, 2012. / Jurisprudence / unrestricted

Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / Unrestricted

The DRC has recently embarked on a new SEZ project. The country does not have a history of success with SEZs, however, much like other African countries. This paper investigates the past and current legal frameworks governing SEZs in the DRC, in an attempt to identify their weaknesses and strengths, with the ultimate goal of finding room for improvement and preventing the failures from the past from occurring again. Because the DRC cooperates closely with South Africa on SEZ regulation, the paper also delves into the South African experience, to see whether the DRC can already draw lessons from South Africa. The study then formulates a number of recommendations including that a new fiscal and non-fiscal incentive framework should be established. / Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted

Case studies from India have shown that the legal regime governing water pollution control in India has miserably failed. Sectoral approach to water management is quite evident. On the other hand Sweden has shown a remarkable change with regard to environment management. The poor management of a resource makes the resource further poor. Thus effective management of the resources becomes crucial. Good governance has been vital in conservation of a resource. But the issue is what constitutes good governance with respect to water? Law has always played a steering role in governance aspect. But despite having pollution control laws the effective governance of water pollution has not been attainable in India. Are the pollution control laws fundamentally wrong or some other factors prevail which is beyond the reach of law to control the pollution problem. The thesis which is a comparative study of legal framework and their implementation in India and Sweden attempts to explore how control of water pollution has been effectively governed in Sweden and what needs to been done in India.

The accepted scientific opinion is that anthropogenic activities and correlated greenhouse gases are the main cause of climate change, with carbon dioxide releases from fossil fuels being one of the main culprits. In South Africa, the main sources of energy have always been coal and other fossil fuels. Society and the economy alike are heavily reliant on energy consumption. In light of the above, it is clear that drastic steps need to be taken to "clean up" the nation's energy sector and usage patterns. There is an international tendency towards a so-called "green economy," which finds the relation between economic development, social upliftment and conservation of the natural environment. A green economy relies less on carbon inputs, and utilises resources efficiently, whilst taking a "socially inclusive" approach. It therefore makes sense to draw on renewable natural resources in greening the economy. Some of the advantages of renewable energy are that they result in limited or no emissions, the creation of sustainable jobs, improved health of consumers and enhanced energy security. A shift to a green economy cannot take place in a vacuum. The laws and policies regulating the various sectors of the environment; energy generation, distribution and use; investment opportunities and economic factors must stimulate and drive this move, and must create an optimal atmosphere to this end. This study determines how suitable the current South African legal framework is for a shift towards a green economy based on renewable energy, and whether it can successfully catalyse and drive such a shift. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The accepted scientific opinion is that anthropogenic activities and correlated greenhouse gases are the main cause of climate change, with carbon dioxide releases from fossil fuels being one of the main culprits. In South Africa, the main sources of energy have always been coal and other fossil fuels. Society and the economy alike are heavily reliant on energy consumption. In light of the above, it is clear that drastic steps need to be taken to "clean up" the nation's energy sector and usage patterns. There is an international tendency towards a so-called "green economy," which finds the relation between economic development, social upliftment and conservation of the natural environment. A green economy relies less on carbon inputs, and utilises resources efficiently, whilst taking a "socially inclusive" approach. It therefore makes sense to draw on renewable natural resources in greening the economy. Some of the advantages of renewable energy are that they result in limited or no emissions, the creation of sustainable jobs, improved health of consumers and enhanced energy security. A shift to a green economy cannot take place in a vacuum. The laws and policies regulating the various sectors of the environment; energy generation, distribution and use; investment opportunities and economic factors must stimulate and drive this move, and must create an optimal atmosphere to this end. This study determines how suitable the current South African legal framework is for a shift towards a green economy based on renewable energy, and whether it can successfully catalyse and drive such a shift. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014