Faculty of Commerce, Law and Management (ETDs)

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Subject: search.filters.subject.SDG-15: Life on land

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    Problematising teenage pregnancy as a human rights issue in South Africa
    (University of the Witwatersrand, Johannesburg, 2023) Maluleke, Light; Chenwi, Lilian
    Teenage pregnancy has long been considered a public health and a socio-economic problem globally, and South Africa in particular. A review of literature indicates that teenage pregnancy poses serious breaches to human rights. Consequently, the research report has determined that rights such as right to health, education, equality and life are at the core of teenage pregnancy. The indivisibility, interdependence, and interrelatedness of these rights become apparent once established that teenage pregnancy affects multiple rights. Against this background, this study problematises teenage pregnancy as a human rights issue in South Africa. The study seeks to answer the following questions: What are the effects of teenage pregnancy on the human rights of pregnant girls and teenage mothers? What are the domestic and international human rights law obligations of South Africa in the context of teenage pregnant? What measures have the SA government put in place to comply with its obligations and reduce high rate of teenage pregnancy in the country? Drawing from literature, case law and general comments/ recommendations and concluding observations of United Nations (UN) treaty bodies, such as the Committee on the Elimination of Discrimination against Women, Committee on Economic, Social and Cultural Rights, Human Rights Committee, and Committee on the Rights of the Child, as well as the regional treaty bodies like the African Commission on Human and Peoples' Rights, and the African Committee of Experts on the Rights and Welfare of the Child, the study found disparities and practical barriers which hampered teenagers from enjoying and accessing sexual and reproductive health information and services, including family planning; knowledge about and use of modern forms of contraception; termination of pregnancy services, antenatal and postnatal care. It also found high incidence of teenage pregnancy was the leading cause of high school dropout rates among girls in the country. Notwithstanding South Africa’s progressive legislation and policy measures, effective implementation of both national and international human rights law standards on teenage pregnancy in South Africa remains a challenge. The South African government should strive towards eliminating all practical and social barriers which prevent girls and teenage mothers’ from access to sexual and reproductive health services. To tackle the disparities and shortages of health care workers, government must hire and train more qualified people, and adopt proper budgetary measures to ensure availability, accessibility and acceptability of resources and services, to strengthen the capacity of the public health care system
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    Rights of Rivers in South Africa: is transformative adjudication up to the task?
    (University of the Witwatersrand, Johannesburg, 2024) Ansermino, Amanda; Tracy-Lynn Field
    Freshwater 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 relationship
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    Challenges of hybrid working in the Sub-Saharan mining industry
    (University of the Witwatersrand, Johannesburg, 2023) Dube, Miriam
    The Covid-19 pandemic accelerated the shift to hybrid working models. Several industries especially in information technology had started implementing the different working models and post Covid-19 more and more industries started adopting the hybrid working models. Mining companies resorted back to the traditional on site in office working however this won’t be long as research indicates that more employees are opting for flexibility that comes with hybrid work models. The future of work theme is receiving a lot of attention because of how technologies through the fourth industrial revolution (4IR) will change how we work. To facilitate a smooth transition to hybrid working models mining companies in Sub Sahara Africa (SSA) must address challenges that impede hybrid working models. During Covid when employees worked remotely mining companies experienced challenges which include poor infrastructure that did not support working from home, employees failing to use the available technology and some social impacts related to work life balance. Existing research also indicates the challenges of hybrid working models; however, it only covers certain industries and continents. The challenges ultimately affected the productivity of the employees, and the mining companies were forced to revert to the traditional working model. As far as we know, no previous research has investigated the challenges for mining companies in SSA. The study seeks to determine the challenges of hybrid working models in the mining industry how the mining companies can navigate through these challenges as they prepare for the future of work. The study has significant benefits to the mining organisation and its managers as it will assist them in identifying challenges of hybrid working and formulating means of embracing this the future of work. The self-determination theory (SDT) and resource-based view theory (RBV) frameworks were used to link existing knowledge to this research. Qualitative research was used to collect, process, and analyse the data for this research. Through in-depth interviews of participants in Ghana, South Africa Tanzania and Guinea, the researcher formulated themes that enabled the analysis of the findings. The research revealed the challenges of hybrid working models in SSA mining industry and how management could navigate these. There is opportunity for further research, and all this is outlined in this research.
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    Implementation of Social and Labour Plans within the Mining Industry in South Africa
    (University of the Witwatersrand, Johannesburg, 2023) Bambo, Lepelle Lovedaliah; Olaleye, Oluwole
    The research study explored the implementation of Social and Labour Plans (SLPs) within the mining industry in South Africa, with a specific focus on the challenges of collaborative governance and planning. The research focused on Govan Mbeki andDipaleseng municipal areas within the Gert Sibande District in the Mpumalanga Province. The study found that mining companies did not collaboratively identify, design and implement the SLPs with community stakeholders within the stipulated timeframe and budget as per the Mining Charter. There has been clear responsibility shifting among stakeholders, with little understanding of what the SLPs are, absence of collaborative governance and planning, and lack of monitoring and evaluation of SLPs by the Department of Mineral Resources and Energy (DMRE). Based on the above-mentioned findings, the study recommends that (i) the mining companies should consult and share approved SLPs with mine communities, traditional leaders and other relevant stakeholders during the Integrated Development Planning consultation process; (ii) mining houses/mining rights holders should provide feedback to community stakeholders on progress of SLP project implementation, challenges and collaboratively work on proposed amendments of SLPs where applicable; (iii) DMRE should develop a monitoring and evaluation system to assess the implementation of the SLPs in partnership with relevant municipalities; (iv) DMRE should facilitate roadshows in affected mining communities to educate and empower communities about SLPs, the Mineral and Petroleum Resources Development Act (MPRDA), the Mining Charter and the Mining Charter implementation guidelines
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    Public Private Partnerships for Municipal Waste Management in the City of Johannesburg
    (University of the Witwatersrand, Johannesburg, 2023) Madiba, Dineo
    Municipal solid waste management is increasingly becoming a burden while population growth, urbanisation and economic growth have overwhelmed the municipalities capacity to deliver waste services. In response municipalities are increasingly implementing public private partnerships to meet the growing demand for waste services. This qualitative study was conducted in the City of Johannesburg and focuses on investigating the challenges of public private partnerships for the delivery of waste services more specifically the study will focus on the Separation at Source program. Thirteen interviews were conducted involving participants from Pikitup, co-operatives, private companies, and an NGO. Interview guides were developed and interview questions were informed by the theoretical framework and themes identified in the literature review. Other sources of information consulted included legislative frameworks as well as Pikitup’s business plan. The results of this study indicate several challenges in the partnership model used to implement the Separation at Source program and the challenges can be summarised as institutional, financial, operational, and technical all of which are preconditions necessary to make partnerships work. It was also observed that stakeholder consultation and participation was inadequate leading to a lack of buy-in from key stakeholders
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    Land management and the use of communal land: The case of the Mchunu Traditional Authority and Alfred Duma Municipality
    (University of the Witwatersrand, Johannesburg, 2023) Khanyile, Nonkululeko Nomfundo; Abraham, Caryn
    For centuries, traditional leadership in Africa was the sole authority over traditional land. They were in charge of allocating and managing land. The beginnings of colonisation and, later, apartheid in South Africa, disrupted these functions by traditional authorities. This posed a significant challenge to the traditional authorities. African countries were decolonized in the years that followed. Following decolonisation and the apartheid government, the citizens in South Africa elected a democratic government that established laws that could regulate how traditional leaders performed their duties in areas under their jurisdiction. However, in 2013, the Spatial Planning and Land Use Management Act (SPLUMA) was introduced, and this act presented conflicts between traditional authorities and the local government. The conflict emanates as a result of ambiguities in the act that do not specify the particular roles of local government and traditional authorities in relation to land use management. The research looked into how the Mchunu Traditional Authority (MTA) and Alfred Duma Municipality in Ladysmith, KwaZulu Natal, interact on land governance issues. The study employed a qualitative research methodology and utilised snowball sampling. It used in-depth interviews to gather primary data. The questions focused on the governance interface between the two institutions and their distinct functions and roles. The study found that the local government and the traditional authorities are knowledgeable about their functions, which is contrary to some of the findings in studies referenced in the literature. It also found that the institutions have never experienced conflict on issues of land governance and continue to efficiently co- govern
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    The impact of environmental management practices in KwaZulu Natal, South Africa
    (University of the Witwatersrand, Johannesburg, 2022) Madikizela, Zolisa
    The research study appraises the effectiveness of the environmental management practices deployed at the Umbogintwini Industrial Complex (UIC) to manage historic and present environmental pollution that is the result of industrial activities over the past 100 years. The study was conducted at the African Explosives and Chemical Industries (AECI) site in the UIC located approximately 25 kilometres (km) south of Durban in KwaZulu Natal (KZN). In the UIC, AECI, its subsidiaries, and other businesses leasing property inside the UIC (tenants) have manufactured, stored, and supplied a wide range of industrial chemicals since 1907. The study uses a qualitative case study research methodology and explores the views of internal stakeholder i.e. AECI employees and external stakeholders’ i.e. tenants and other stakeholders regarding the effectiveness of environmental management practices deployed on site. A total of 25 participants were interviewed for this study. The interviews were done in person and some Via Teams Meetings. The theoretical and conceptual lenses that the study used include the concept of sustainability, green manufacturing, resource-based view theory and institutional theory. The overall findings of this study revealed that AECI personnel, Consultants and Regulators that are involved in the implementation of environmental management practices are aware of the environmental management practices and strongly committed to implement the practices, while the NPOs and communities around the site are wanting in environmental awareness. The study also shows that AECI’s environmental practices are not sufficiently recorded, making it harder to track and improve on them in the long run. As a result, the study proposes that the AECI should build a secure digital data management system that will aid in the keeping of records, the analysis of data, the creation of follow-up schedules, and the flagging of non- compliance, among other things. Moreover, the findings of this study support the value of sustainable development and green manufacturing as a means of investigating how environmental management practices can be implemented effectively in South Africa’s industrial complexes as this is the key finding that distinguishes the UIC. Furthermore, this study recommends that future studies assess the environmental management techniques used at other industrial complexes in South Africa or other 5 developing countries to assess the sustainability of the current plans, relating them to green manufacturing in order to stimulate continuous development.
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    Challenges and enablers of a strong and sustainable junior coal mining sector in South Africa
    (University of the Witwatersrand, Johannesburg, 2022-09) Leteane, Festus Puso; Goerge, James
    The South African coal mining industry produces about 250million tonnes per annum, for the domestic and export markets. The industry is dominated by the major coal producers, with the top five producers producing about 80% of the coal in the country. It has few mid-tier producers and junior miners. The SA junior coal mining sector is mostly made up of single asset operating mines, located in the Witbank Coalfields, in Mpumalanga Province, and a few in the KwaZulu Natal province, mining anthracitic coal. The SA junior coal mining sector is fragmented, stagnant and not sustainable in its current form. Most of the junior coal miners are operating surface mining operations which require less upfront capital and are not costly to operate as compared to the underground operations. This study aims to understand the deep underlying issues that contribute to the challenges facing this sector, as well as the key enablers for a sustainable junior coal mining sector in SA. In the first objective, we investigated the challenges facing the sector, as well as their underlying root causes. In the second and third objectives, we established the key enablers and a roadmap necessary for a sustainable junior coal mining sector in SA. The literature highlighted the lack of enabling mineral policy as an underlying root cause of the challenges facing the sector. However, the study revealed that, the lack of access to funding remains the persistent and main challenge facing the sector as lot of effort has gone into improving the mineral policy, and the lack of execution in the process of policy implementation remains an obstacle to unlocking the key enablers of a sustainable junior coal mining sector in SA.
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    Taxation in agriculture: A comparative analysis between Australia, New Zealand and South Africa
    (University of the Witwatersrand, Johannesburg, 2023) Ramabulana, Khathusthelo Godfrey; Padia, Misha
    Agriculture is important to the economy and should reduce inequality by creating an environment that is susceptible to creating employment opportunities and ensuring food security (USAID). These factors are the reasons why countries have forgone the opportunity to maximise tax revenue and instead provide certain concession for farming operations. There is a view that though governments need to make investments in agriculture, these investments should not harm producers elsewhere. (OECD, 2019a) By integrating qualitative reviews and comparative synthesis, this study employed a comparative methodology. This study critically analyses the South Africa tax provisions in Agriculture with Australia, New Zealand and OECD guidelines The main findings of the study are that: • Tax concessions are common across countries and that the typology of taxes levied generally fall within a set category. (OECD, 2005) • South Africa provides slightly more concessions than Australia and New Zealand, however the impact of these concessions differ in accordance with the nature and objectives of the concession; • Tax incentives in the farming sector improve the income of farmers directly and are not necessarily focused on the consumers or improving access to food; and • That continued existence of certain concessions may be counterintuitive to economic growth and environmental sustainability goals
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    The extent of biodiversity and species reporting by the top 75 companies listed on the london stock exchange (ISE)
    (University of the Witwatersrand, Johannesburg, 2023) Lai, Timothy; Ecim, Dusan; Maroun, Warren
    Corporate activities have significantly contributed to the accelerating decline of biological diversity on a global scale, having contributed to resource exploitation, industrialisation, land-use changes and deforestation in their associated operations. In recent years, the loss of habitats, ecosystems and threatened species has been brought to the attention of the public, mostly as a result of adverse events caused by these organisations in the conduct of their operations. The real impacts and consequences of biodiversity loss, has however, largely remained under-reported resulting in the need for organisations to adopt greater levels of corporate accountability and transparency within their biodiversity reports. This study analyses the primary reports (i.e., annual reports) of the top 75 companies listed on the London Stock Exchange (LSE) across a three-year period (2018 – 2020). These reports are studied in order to assess the quality and quantity of the biodiversity and species extinction disclosures, with thepurpose of identifying any trends and patterns across the three years. This research also assesses the possible determinants driving biodiversity disclosures. A mixed method approach is utilised. The content in the primary reports is analysed and evaluated to identify biodiversity-related disclosures and categorises them according to the themes outlined in a detailed disclosure checklist developed using the existing professional and academic literature. Secondly, the quantum and quality of the biodiversity and species extinction related disclosures included in these reports will be determined using a standardised scoring system. This paper finds that the biodiversity and species extinction disclosure among the LSE-listed companies has remained low in both quality and quantity. Although there is considerable improvement in the biodiversity disclosures year-on-year, the disclosures remain limited in substance, lacking sufficient detail over the biodiversity-related matters conveyed to key stakeholders. This research provides insight into the environmental reporting practices of UK-listed companies and aims to identify the trends, patterns and weaknesses found within biodiversity reporting. This study expands on the limited volume of literature within the environmental accounting field, to ultimately aid the transformation in corporate reporting practices