School of Law (ETDs)

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Browsing School of Law (ETDs) by SDG "SDG-15: Life on land"

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    Balancing the Necessity of Mining Activities and Community Participation in the Pursuit of Environmental Protection
    (University of the Witwatersrand, Johannesburg, 2021-01-31) Laka, Tshepiso Josephina
    Mining activities result in a myriad of e nvironmental and health impacts. These issues remain to be primarily ignored by mining companies and government departments. The need for public participation in relation to environmental awareness and protection must be taken into account within mining affected communities, u nfortunately, most mining communities are often not aware that they are entitled to an environmental right under the Constitution of the Republic of South Africa, 1996 (the Constitution). Communities suffer from environmental degradation that is inextricably linked to their quality of life and their well- being. Most mining companies fail to protect mining communities from harmful environmental impacts resulting from mining activities. South Africa depends heavily on mining sectors for its socio-economic advancement to such an extent that many millions of people rely on the revenue generated from mine. It is crucial that while mining sectors are pursuing economic developments, the environment, human health and social issues must be afforded the required protection. As such, this thesis explores the environmental harms associated with mining and the importance of meaningful participation. Notably, these environmental injustices can be mitigated by implementing the already established environmental legal framework. This thesis will further critically discuss how mining companies fail to encourage and promote environmental health and wellbeing by not only enhancing public participation within mining affected communities but to also provide communities with concrete measures to promote the ecologically-centred sustainable development
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    The legitimacy of land use planning laws governing the spatial location of urban functions: an assessment in terms of the international covenant on economic, social and cultural rights (ICESCR).
    (University of the Witwatersrand, Johannesburg, 2023-09) Banda, Felemont Kayulayula Zilale; Coggin, Thomas
    The study's primary objective was to evaluate the legitimacy of Malawi's land use planning laws and regulations using ICESCR and Thomistic natural law frameworks. In order to achieve the primary objective, the study sought to explain the scope and nature of states parties’ obligations in the implementation of economic, social, and cultural rights in the urban space; examine the legitimacy of land use planning laws governing the spatial location of urban functions; and analyse indicators of dissonance between discursive practices and written law in the urban space. In pursuit of these objectives, the study used a doctrinal research approach. The study thus analysed legislation, rules, regulations, orders, By-laws, authoritative court decisions, and planning-related literature. The study shows that states parties to the ICESCR do not attach spatial context to the Covenant obligations. As a result, they fail to ensure that the Covenant rights are enjoyed on an equal footing in the urban space among residents of different income statuses. The study has also found that, in order for land use planning laws to be legitimate, the state shoulder the obligation to ensure that the enacted planning laws are for the common good, do not impose unfair burdens on citizens, and are enacted with authority in line with consent and social contract doctrines. Land use planning laws in Malawi do not reflect the economic realities of urban citizens. These planning laws are neo-colonialistic as they principally reflect the European colonial planning paradigm, whose objective was the appropriation of resources to benefit the White settler community in colonial territories. Such a legislative background has resulted in the dissonance between the written law and discursive practices, which has caused a crisis of the legitimacy of land use planning laws as evidenced by massive noncompliance and the state’s inability to enforce the laws in urban spaces. My central thesis demonstrates that the chaotic nature of urban development in Malawi emanates from the state’s failure to enact legitimate fair laws from the perspective of low-income urban residents who are in the majority. The thesis is significant because it has revealed that states must review their laws in good faith and that a Thomistic reading of the laws would assist in aligning them with state-party obligations under the Covenant. Moreover, the thesis highlights the importance of land use planning laws reflecting urban citizens’ socioeconomic needs, which is the principal condition precedent for the legitimacy of laws in the urban space