Electronic Theses and Dissertations (Masters)
Permanent URI for this collectionhttps://hdl.handle.net/10539/37939
Browse
2 results
Search Results
Item Rights of Rivers in South Africa: is transformative adjudication up to the task?(University of the Witwatersrand, Johannesburg, 2024) Ansermino, Amanda; Tracy-Lynn FieldFreshwater is a valuable and scarce natural resource, whose ongoing degradation threatens not only rivers, wetlands and aquifers themselves, but also their surrounding ecosystems, Earth’s essential biodiversity, and the ability of humans and nature to co-exist and thrive. Society’s prevailing value system measures water’s worth to the extent that it benefits people. But this anthropocentric approach is failing to engender behaviour that is necessary to stem catastrophic biodiversity loss and the concomitant threat to human wellbeing. Rights of Nature is emerging as a paradigm rooted in an alternative ethic of respect and justice for all Earth’s subjects. Rights of Rivers is a branch of the Rights of Nature that has been a catalyst in confirming the intrinsic value of thriving riverine ecosystems. Recent river rights cases in developing countries have set the stage for changing legal norms: Courts in Columbia, India and Bangladesh have played a transformative role in pursuing social as well as environmental justice through acknowledging Rights of Rivers and espousing an eco-centric theory of value. In South Africa, the Constitution envisages radical change to a society based on equity and dignity, but but courts have been slow to acknowledge the intersection of environmental, socio-economic and political rights. This paper argues that adjudication must contribute to the transformative constitutional project by adopting a progressive stance: both jurisprudentially, in following a method of value-based, substantive, contextual reasoning; as well as politically, in recognising eco-centric principles of interspecies equity, justice and interdependence. The shortcomings of a narrow judicial perspective are discussed via the Mabola water-use license judgment. The paper offers an alternative judgment, grounded on an interdependent, egalitarian human-nature relationshipItem 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 JosephinaMining 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