The question whether it is possible to abandon landownership is unresolved in South African law. The subject has only rarely been the subject of attention by scholars, with legislation and existing case law providing little in the way of clear guidance. This lack of clarity is obviously not ideal. In South Africa landowners may find themselves burdened with the ownership of land which has accrued a negative value. This thesis seeks to engage with the question on a theoretical level, including to provide answers to practical problems in the South African landownership context. Ultimately two primary questions must be answered: 1. Is the abandonment of landownership possible in the South African legal framework? 2. Should the abandonment of landownership be permitted, and if so, under what circumstances? The first question is evaluated in light of existing common-law principles, case law, as well as legislation such as the Deeds Registries Act 47 of 1937. However, the second question will be the primary focus of the thesis. Through the lens of the socialobligation norm of property as conceptualised by Gregory Alexander, as well as comparative studies of Swiss and Scots law, the thesis explores the viability of a right to abandon landownership in South African law. The thesis argues that the abandonment of landownership in South Africa is not possible in the prevailing legal framework. Furthermore, an unrestricted right to abandon is not viable in the South African socio-economic context. However, landowners who find themselves burdened with land which has accrued a negative value for which they are not at fault may require some form of regulated exit from that ownership. The thesis makes suggestions for legislative law reform in this regard, to provide balance between the interests of landowners and the wider community.

This thesis contributes to the discussion about the impact and dynamics of the informal Artisanal and Small-scale Mining (ASM) sector in sub-Saharan Africa, focusing on the case of the Democratic Republic of Congo (DRC). The debate around ASM's informality in sub-Saharan Africa is increasingly gathering momentum in the region's development and donor dialogues. A unique sector populated by a heterogenous group of people, ASM has in recent years expanded rapidly around the globe. More and more countries are recognising the economic importance of the ASM sector, particularly in sub-Saharan Africa, forcing many donors and policymakers to ‘reconsider' development strategies for ASM. With the growth in ASM, many countries have endeavoured to formalise their ASM sectors in hope of bringing ASM activities into the formal domain and in turn mitigating the negative consequences which flow therefrom. Despite these ASM-formalisation efforts, governments continue to face numerous obstacles along the way, with many of the artisanal miners continuing to operate illegally. The case study of the DRC provides an informative understanding of ASM's informality in sub-Saharan Africa and depicts the issues experienced by a country attempting to formalise its ASM sector. The DRC is one such country that has implemented legislation and introduced numerous initiatives to help bring its ASM sector into the formal domain. The unfortunate reality is that the country seems to be trapped in what this thesis terms the ‘formalisation dilemma', as thousands of artisanal miners continue to operate outside of the legal framework; a phenomenon which is not unique to the DRC experience. To date, most of the AMS-formalisation undertakings and support in sub-Saharan Africa have focused on the financial and technical aspects of the sector, with emphasis being placed on controlling ASM activities ad hoc, instead of proactively engaging and supporting ASM operations. This thesis examines the correlation between the rise in ASM activities and state or institutional failure and concludes by recommending various solutions to this so-called ‘formalisation dilemma'.

Under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), the State, as custodian of mineral resources, has the authority to grant rights to minerals and permits in favour of applicants that satisfy the requirements of the prescribed application procedures. Applicants for rights to minerals and permits must consult meaningfully with landowners and lawful occupiers, although the MPRDA itself does not require the latter's prior consent. The Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA), by contrast, requires prior consent when persons are deprived of their informal rights to land. In South Africa, communities that occupy land under customary land tenure are recognised as lawful occupiers that have informal rights to land. The occupation of land by customary communities and the applicant's interest to exploit mineral resources creates competing rights and interests between these two parties, namely: a right to consultation and a right of access to land. This minor dissertation aims to analyse the impact that the current statutory formulation of the requirements of consultation and consent has on the informal rights to land held by customary communities. This aim translates into two sub-inquiries: How do the statutorily required processes of consultation and consent embodied in the MPRDA and the IPILRA protect the informal rights to land held by customary communities? Furthermore, do the statutorily required processes of consultation and consent meaningfully engage with the existing decision-making practices of customary communities? These issues are considered in light of the elevated status that customary law enjoys under South African law and the Constitution's aspiration to reform racially discriminatory landholding systems. The dissertation argues that the statutorily required processes of consultation and consent inadequately engage with the existing decision-making practices of customary communities. It offers insight on how engagement with the existing decision-making practices, and with the Free, Prior and Informed Consent principle, can better accommodate and protect the rights and interests of customary communities that are affected by prospecting and mining operations.

Mining sites are often located in rural and remote communities where healthcare services are either unaffordable or unavailable to mine employees. To address this problem, mining companies may elect to establish and manage mine hospitals to provide vital healthcare services to their employees and the surrounding communities. Mining companies often have the financial capacity to establish state-of-the-art facilities with medical equipment and technology required for the diagnosis and treatment of diseases, including diseases prevalent in the mining industry. The role of mine hospitals extends beyond the development of health infrastructure and the provision of healthcare services. Mine hospitals contribute to the economic development of mine-affected communities. Mine hospitals create employment opportunities that increase disposable income in mine-affected communities and boost local economic activities. Additionally, mining companies can promote local procurement by purchasing goods and services needed for their mine hospitals from local suppliers. Notwithstanding the positive socio-economic impacts of mine hospitals in mineaffected communities, the closure or ownership and management transfer of mine hospitals can have adverse effects on mine-affected communities. These adverse effects include the poor management of mine hospitals, the termination or suspension of healthcare services, and job losses. Therefore, responsible mine hospital closure and transfer practices must be implemented by mining companies to prevent or minimise these adverse effects. This minor dissertation examines the history, role, and function of mine hospitals in mine-affected communities in South Africa. It evaluates the positive and negative (specifically mine hospital closures and ownership and management transfers) impacts of mine hospitals on mine-affected communities. Based on the role and function of mine hospitals and their impacts on mine-affected communities, the dissertation recommends that certain aspects of mine hospitals are governed differently from general private hospitals and standard workplace-based systems. It proposes specific legislative requirements and procedures for the establishment, ownership and management transfer; and closure of mine hospitals. Additionally, the dissertation makes recommendations on the roles of the government, mining companies, and mine-affected communities in the establishment, transfer, and closure processes.

The recent discoveries of natural gas in Tanzania, estimated at about fifty-seven trillion cubic feet (tcf), have sparked tremendous hopes for socio-economic development in the country. While this optimism seems to be supported by conventional wisdom and economic insights, evidence from other oil-rich African countries shows that in spite of the ongoing oil and gas extraction, they are floundering in poverty, corruption and political instability. This phenomenal dichotomy between oil and gas wealth and socioeconomic development is referred to as the "resource curse". As this study demonstrates, the "curse" is partly a result of under-taxation. This study uses the resource curse study to analyze and evaluate tax-related challenges in the Tanzanian upstream oil and gas industry. In doing so, the study identifies three factors that may cause loss of potential tax revenues - referred to as "tax revenue leakage". First, the discretionary tax incentives, such as tax exemptions, lowering tax rates and special tax treatment, result in non-payment of taxes that would have otherwise been payable. Second, the International Oil Companies (IOCs) adopt a variety of techniques, such as transfer pricing, thin capitalization, corporate re-organization tax evasion and treaty shopping to exploit the loopholes or gaps in the tax laws to minimize, reduce or eliminate their tax obligations without being detected or punished. Third, corrupt Government officials willfully fail to collect taxes due, short levy taxes, grant undeserving tax incentives to the IOCs or divert revenues collected for their own account. All these factors demonstrate the close connection between under-taxation, corruption and tax avoidance. As this study argues, in the absence of counteractive measures, the Government will collect only a fraction of potential taxes, thus losing revenues required to finance development projects. The study establishes that Tanzania counteracts tax avoidance and tax evasion through anti-avoidance legislation. Tanzania also has accountability measures, which impose restraints on the exercise of public power and prevent corruption. The study concludes that although Tanzania has a competitive fiscal regime, anti-avoidance legislation and systems of accountability, the level of Government's tax revenue nevertheless depends on institutional capacity to detect, prevent and penalize tax avoidance schemes and corruption.

This thesis examines whether the concept of good (environmental) governance provides a useful tool and legal base for the achievement of water sustainability in South Africa's mining sector. The thesis introduces water pollution as one sustainability challenge that South Africa is facing in its mining sector. The main question is how the legal framework should promote and guide water sustainability through good environmental governance. The question results from the fact that mining is a constant threat to water resources. Mining is one of the leading causes of water pollution which adversely affects human life among others when water contaminated with heavy metals is consumed. Farming, as an essential component of food security, is under constant threat in places like Mpumalanga as soils are rendered less productive by mine-contaminated water infiltrating from topsoil or rising from underground mines. Similarly, polluted water adversely affects biodiversity, thus, destroying ecosystems and vegetation which serve as livestock feed. The analysis of sustainability, governance and good governance theories and specific concepts underpinning them shows that they can inform water protection in the South African mining sector. Sustainability, found to be a broad and interdisciplinary concept, is a necessary guideline for the pursuit of water governance in the mining sector. Despite conflicting perceptions or facts regarding sustainability, it is evident that for water to be preserved, sustainable practices are essential. This requires mining activities to be conducted while always minimising the occurrence of water pollution to ensure water sustainability in the South African mining sector. The thesis also expounds that water sustainability pursued through governance practices is likely to be effective in alleviating or preventing water concerns. Thus, the concept of governance is presented as a tool with which individuals or organisations can achieve effective water sustainability, through decision-making, planning and law enforcement. Governance as a concept is complex, multifaceted and interdisciplinary, but can ensure water sustainability and the wellbeing of members of society who depend on the natural environment. The thesis further highlights that water sustainability is more likely when pursued through governance in its best possible form. The concept of good environmental governance is therefore explained as a theory that can guide effective decisionmaking and serve as a tool at the disposal of interested and affected parties to judge the performance of administrative officials. Effective decision-making processes and its elements are to be promoted through cooperative governance, accountability, transparency and public participation, for effective administrative action. The thesis then analyses the South African legal framework and establishes that water governance in the mining sector is extensively catered for therein. The Constitution sets the water sustainability mandate based on which legislation is enacted, both followed by legal interpretation in the courts. The analysis, however, show that there are various shortcomings relating to the implementation and enforcement of the law through administrative action. Nevertheless, the analysis remains hopeful that water sustainability can still be achieved in the mining sector. Despite the existence of environmental provisions and various attempts to achieve water sustainability, the current South African legal framework still fails to control water pollution effectively. The failure may be attributed to the shortcomings of the said framework, but it is, to a larger extent, a result of poor implementation and enforcement. One main reason is less effective administrative action due to inefficient decision-making processes, which implies that the quality of governance regarding water protection in the mining sector is inadequate. Such findings show that water sustainability could have been achieved or improved if decisionmakers had relied fully on good governance principles to implement and enforce provisions aimed at water protection in the mining sector. Hence, this thesis finds that no new regulation is required; rather it suggests a reform of various provisions within the existing legal framework to improve water sustainability. This is subject to improved implementation and enforcement mechanisms.

In 2014, the One Environmental System for mining came into effect. This legislative framework was introduced to streamline the environmental regulation of mining activities by consolidating such regulation in the National Environmental Management Act (NEMA). The most significant aspect of the regulatory framework, for purposes of this research, is the allocation of powers to the authorities responsible for implementing the One Environmental System. The authorities tasked with implementing the One Environmental System are the Department of Mineral Resources and Energy (DMRE), the Department of Environment, Forestry and Fisheries (DEFF) and the Department of Human Settlements, Water and Sanitation (DHWS). In the distribution of power, the DMRE is tasked with enforcing the regulatory framework in the minerals extraction industry. The DEFF sets the regulatory framework and is the appeal authority for decisions taken by the DMRE. Finally, the DHWS is responsible for regulating and enforcing the National Water Act. Although introducing the One Environmental System has improved the regulation of the environment in relation to mining, its regulation - and, more so, enforcement - has received more criticism than praise. Intragovernmental fragmentation has been cited as a cause of ineffective implementation of the regulatory framework. A lack of cooperation between the departments hampers the objective of streamlining the environmental regulation of mining. Therefore, it is imperative that the authorised departments cooperate with each other to achieve the effective implementation of the One Environmental System for mining. The aim of this dissertation is to suggest ways to foster cooperation between the DMRE, DEFF and DHWS to achieve the effective implementation of the One Environmental System. This goal is achieved by providing an analysis of the implementation efforts of the three departments. Since the analysis shows that intragovernmental fragmentation has hampered the effective implementation of the regulatory framework, this research provides recommendations to improve the implementation of the One Environmental System.

Natural resource development has tremendous potential to create inclusive economic growth in countries well-endowed with oil, mineral, and agricultural resources. At the same time, natural resource development can cause negative environmental externalities, and, in several cases, extractives companies can engage in labor abuse. The intersection of the government’s and the corporation’s interest can lie in Corporate Social Responsibility Projects.This thesis will analyze an alternative model of CSR: community development agreements (CDAs). CDAs are voluntary, or sometimes government mandated, agreements between the project developer and the project affected community that define company commitments to issues such as environmental impact mitigation, benefit sharing, and local employment, for example. The objective of this thesis is to review the theoretical underpinnings of CDA process, analyze the application of CDAs in several case studies, and develop a framework of best practices for CDAs based on those analyses.

This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political spectrum, and specifically seeks to gauge their own personal stories and experiences with regulators and the fracking industry. Other key actors are identified. This thesis concludes that agency capture is a reality for these residents, and their perceived powerlessness drastically increases the power of the gas companies that monopolize the political agenda in the region.

An analysis of the historical relationship between the petrostate, state oil company and international oil company in the context of the resource nationalism phenomenon and its consequences to the existing contractual frameworks . Negotiating techniques and contractual stabilizing mechanisms are explored in order to identify the main parameters and conditions necessary to optimize the interaction between these key players in the international oil industry. Quantitative and qualitative aspects of the contracts are identified in order to recommend new paradigms for a more harmonic future in the oil industry.