3. Electronic Theses and Dissertations (ETDs) - All submissions
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Item Fracking in the Karoo: an environmental justice perspective(2018) Augustine, MelissaThis research essay is written from an environmental justice perspective as a critique on the Government’s decision to explore fracking Karoo. This essay is written in consideration of the voice of the predominately self-sufficient farming and farming reliant communities that live in the Karoo, within the context of the lack of participation which has been one of the greatest legal issues arising from the decision to pursue fracking in the Karoo. The lack of participation is not only an environmental injustice but is also an administrative justice issue under the principle of procedural fairness. The exclusion of the communities affects the rationality of the decision made by the government. A decision cannot satisfy the requirements for rationality in terms of administrative law if the decision makers cannot consider all of the relevant facts, such as the voice of the communities on the burdens that they would face should fracking proceed. The loss of historical value as well as the use of the land is one of the main burdens which will be placed on the community. The affects on the economy of the community which is heavily reliant on their farming would devastating for thousands of families who were historically and are presently prejudiced based on race, gender and their economic status. A related burden which will be carried by the communities is the possible contamination of the groundwater which the communities heavily rely on for their farming. The commitment to the depletion of water which will result from the practice of fracking in a water stressed country is certainly not rational. The burdens which are experienced by the communities far outweigh the benefits of fracking which are in fact established to be uncertain. The lack of consideration of the burdens by the Minister of Environmental Affairs can be attributed as a consequence of the lack of participation. The inclusion of the communities in the decision-making process would change the entire lens which is currently placed on fracking, as decision makers would be forced to consider the burdens rather than the benefits. It will be concluded that when the voice of the communities in the Karoo are considered that it would be the only rational conclusion for the Minister of Environmental Affairs, as the competent Minister, to consider that the environmental burdens to be experienced by the communities would outweigh the benefits of fracking in the Karoo being pursued.Item Law, regulation, and the promotion of renewable energy in South Africa(2016) Murombo, TumaiMany countries are under pressure to transition from fossil to renewable sources of energy. This pressure comes from multiple points including sustainable energy and climate change imperatives. The energy industry, especially electricity generation, is the main source of greenhouse gases, hence the significance of reductions in this industry. The purpose of this study was to conduct a legal analysis of the renewable energy law in the context of energy law generally in South Africa, to understand the regulatory function of law in promoting renewable energy. The study analysed government legal and policy positions, and the response by non-state actors to such policy positions and laws. Through a qualitative analysis of primary and secondary sources of law and public participation documents, the study found that; while South Africa is committed to renewable energy, its socio-economic, cultural, and environmental context superimposes other priorities that impede progress towards renewable energy. Several obstacles to renewable energy were identified, some internal to energy law and others external to it, coming from other areas such as environmental law, governance, economics, and behavioural sciences. Analysis at the convergence of environmental and energy law revealed misalignment and fragmentation as major obstacles to renewable energy. While barriers are common across the globe, countries cannot apply the same responses with the same results. Regulatory responses, beyond the traditional ‘command and control’ tools are context specific and tools that have worked, in other countries, may not be as effective in South Africa. Socio-economic dynamics determine the legal responses to the barriers to renewable energy or the efficacy of economic incentives to promote renewable energy. However, overall, law and regulation can, and must, play a crucial enabling role by removing barriers to renewable energy. Nevertheless, there are limits to the use law ‘as regulation.’ Renewables will not replace fossil sources yet; rather in the long-term, renewables should become a big part of the energy mix. Despite gaining price competitiveness, it is too early for renewables to displace conventional fossil sources in a context of entrenched structural and institutional obstacles. Concomitant technical, market, economic, and environmental and resource governance interventions are necessary to effectively promote an energy mix substantially composed of renewables. The study recommends that law should create an enabling regulatory environment for renewable energy. South Africa has not used law effectively enough to create this environment, thereby impeding the integration of renewable energy into its energy mix. Aligning energy and environmental law, among other incentives, can enhance this role of law. Legal reforms are necessary to remove the regulatory advantage afforded to conventional sources of electricity and level the playing field.