scholarly journals Between Principles & Power: Water Law Principles & the Governance of Water in Post-Apartheid South Africa

Daedalus ◽  
2021 ◽  
Vol 150 (4) ◽  
pp. 220-239
Author(s):  
Heinz Klug
Keyword(s):  
South Africa ◽  
Water Resources ◽  
Southern Africa ◽  
International Agreements ◽  
Water Law ◽  
Constitutional Rights ◽  
Access To Water ◽  
The Relationship

Abstract Debates over the management and allocation of water in the postcolonial era, and in post-apartheid South Africa in particular, reveal that struggles over water resources in Southern Africa occur within three broad frames: the institutional, the hydrological, and the ideological. Each of these realms reflects tensions in the relationship between power and principle that continue to mark the governance of water. Each perspective offers a way to understand the use and the limits of law in the management of a country's water resources. The existence of explicit principles, whether as policy guidelines, constitutional rights, or in the language of regional and international agreements, provides two important resources for those who struggle for access to water. First, a vision of a more just allocation of this fundamental resource and, second, an articulation of common benchmarks to which states and governments might be held to account.

Priority General Authorisations in rights-based water use authorisation in South Africa

Water Policy ◽  
2014 ◽  
Vol 16 (S2) ◽  
pp. 59-77 ◽  
Author(s):  
Barbara van Koppen ◽  
Barbara Schreiner
Keyword(s):  
South Africa ◽  
Water Resources ◽  
Sub Saharan Africa ◽  
Small Scale ◽  
Water Law ◽  
Constitutional Rights ◽  
Water Users ◽  
Large Numbers ◽  
Sub Saharan ◽  
National Water

This article unravels the notions of justice in statutory water law in Sub-Saharan Africa in general and South Africa in particular. These laws, which allocate and regulate water resources, are licence (or permit) systems. Three forms of injustices are identified for small-scale water users who typically encompass all poor water users: the reinforcement of the historical injustices by which colonial powers captured ownership of water resources and undermined customary water law; administrative discrimination as a result of governments' lack of capacity to license the large numbers of small-scale users; and discrimination of the smallest-scale users whose exemption from the obligation to apply for a licence relegates them to a second-class entitlement to water. Based on the texts and implementation experiences of the National Water Act (1998) and the pro-poor prioritisation rules in the National Water Resource Strategy-2 (2013), the authors propose the transformative legal tool of priority General Authorisations for black small-scale users to overcome these injustices. Via this tool all black small-scale users, including the poor, would obtain equal access to minimum quantities of water needed to progressively achieve constitutional rights to water, food, and non-discrimination, while the remaining water resources would be allocated to high-impact users through licences with strict and enforceable conditions.

Carnivore Size and Quaternary Climatic Change in Southern Africa

1986 ◽  
Vol 26 (1) ◽  
pp. 153-170 ◽  
Author(s):  
Richard G. Klein
Keyword(s):  
South Africa ◽  
Southern Africa ◽  
Late Quaternary ◽  
Geochemical Data ◽  
Mathematical Relationship ◽  
Carnivore Species ◽  
Quantitative Estimates ◽  
The Relationship ◽  
Problematic Aspect ◽  
Cool Conditions

The relationship between carnassial length and latitude south is analyzed for 17 African carnivore species to determine if individuals tend to be larger in cooler climates, as predicted by Bergmann's Rule. With modern data in support, middle and late Quaternary temperatures might then be inferred from mean carnassial length in fossil samples, such as those from Equus Cave, Elandsfontein, Sea Harvest. Duinefontein, and Swartklip in the Cape Province of South Africa. One problematic aspect of the study is the use of carnassial length and latitude as necessary but imperfect substitutes for body size and temperature, respectively. For some species, another difficulty is the relatively small number of available modern specimens, combined with their uneven latitudinal spread. Still, in 14 of the species, carnassial length does tend to increase with latitude south, while mean carnassial length in the same species tends to be greater in those fossil samples which accumulated under relatively cool conditions, as inferred from sedimentologic, palynological, or geochemical data. Given larger modern samples from a wide variety of latitudes, refinement of the mathematical relationship between carnassial length and latitude in various species may even permit quantitative estimates of past temperatures in southern Africa.

Non-Electoral Executive Turnover and Low-Capacity Democracy in Southern Africa

2021 ◽  
Vol 56 (2) ◽  
pp. 194-215
Author(s):  
Nathan Munier
Keyword(s):  
South Africa ◽  
Southern Africa ◽  
Executive Turnover ◽  
Dominant Party ◽  
Executive Authority ◽  
Dominant Parties ◽  
The Relationship ◽  
Insight Into

What do non-electoral turnovers tell us about the relationship between elections, executive turnover, and democratisation? Can they contribute to democratisation? To gain insight into these questions, we consider the experiences of Southern Africa. While transfers of executive authority have become commonplace in Southern Africa, they do not necessarily coincide with elections and rarely involve partisan turnover. Neither the mode nor the form of executive turnover corresponds clearly with prior assessments of democracy. This study examines recent non-electoral turnovers in Zimbabwe (November 2017), South Africa (February 2018), and Botswana (April 2018). This research finds that non-electoral transfers of presidential authority in Southern Africa represent efforts by dominant parties to manage factional conflicts and enhance their ability to benefit from incumbency in competitive elections. While non-electoral turnover in executive authority might promote democracy under some conditions, they do more to sustain dominant party rule and a stagnate level of low-capacity democracy.

scholarly journals Modeling for transboundary water resources planning and allocation

2008 ◽  
Vol 5 (1) ◽  
pp. 475-509 ◽  
Author(s):  
D. Juízo ◽  
R. Lidén
Keyword(s):  
South Africa ◽  
Water Resources ◽  
River Basin ◽  
Southern Africa ◽  
Degrees Of Freedom ◽  
System Analysis ◽  
Model Performance ◽  
Yield Model ◽  
Water Users ◽  
Development Scenarios

Abstract. International water resources agreements for transboundary rivers in southern Africa are based on system analysis models for water planning and allocation. The Water Resources Yield Model (WRYM) developed in South Africa has so far been the only model applied in official joint water resources studies aimed to form water-sharing agreements. The continuous discussion around the model performance and growing distress over it being South African, where it was originally developed, while South Africa is one of the interested parties in the process, results in an increased controversy over the system analysis results that are often only meant to guide in selecting the options for water resources management in a given set of scenarios. The objective of this study was therefore to assess the model performance of two other models; WAFLEX and WEAP21 in the Umbeluzi River Basin system where the WRYM was previously applied as part of a Joint River Basin Study. A set of basin development scenarios was equally tested in the three models and the results compared. The results show that the three models all are possible tools for system analysis of river basins in southern Africa, although the structure and complexity of the models are different. The obtained level of satisfaction for specific water users could, however, vary depending on which model was used, which causes uncertainties. The reason for the diverse results is the structurally different ways of describing allocation and prioritization of water in the three models. However, the large degrees of freedom in all system models cause even larger uncertainty in the results since the model user can, intentionally or unintentionally, direct the results to favor certain water users. The conclusion of this study is therefore that the choice of model does not per se affect the decision of best water allocation and infrastructure layout of a shared river basin. The chosen allocation and prioritization principles for the specific river basin and the model user's experience and integrity are more important factors to find the optimal and equitable allocation.

International Sanctions: A Framework for Analysis with Special Reference to the UN and Southern Africa

1972 ◽  
Vol 26 (3) ◽  
pp. 527-550 ◽  
Author(s):  
Margaret Doxey
Keyword(s):  
South Africa ◽  
International Economic ◽  
United Nations ◽  
Special Reference ◽  
Southern Africa ◽  
Economic Sanctions ◽  
The Status ◽  
International Sanctions ◽  
The Relationship

This paper falls into two main parts. In Part I an attempt is made to develop a simple framework which can be used for analyzing the role of sanctions, with special reference to international sanctions.1In Part II this framework is used to investigate the status of the United Nations as a sanctioning body and, in particular, the relationship between the UN and Southern Africa where Rhodesia has been subjected to international economic sanctions since 1965 and South Africa has been under threat of similar measures since the early 1960s.2

scholarly journals Seasonal influences on surface ozone variability in continental South Africa and implications for air quality

2018 ◽  
Author(s):  
Tracey Leah Laban ◽  
Pieter Gideon van Zyl ◽  
Johan Paul Beukes ◽  
Ville Vakkari ◽  
Kerneels Jaars ◽  
...  
Keyword(s):  
South Africa ◽  
Air Quality ◽  
South African ◽  
Biomass Burning ◽  
Southern Africa ◽  
Seasonal Changes ◽  
The North ◽  
North Eastern ◽  
The Relationship ◽  
Surface O3

Abstract. Although elevated ozone (O3) concentrations are observed in many areas within continental southern Africa, few studies have investigated the regional atmospheric chemistry and dominant atmospheric processes driving surface O3 formation in this region. The aim of this study was to conduct an assessment of comprehensive continuous surface O3 measurements performed at four sites located in continental South Africa. These sites were representative of regional background (Welgegund and Botsalano) and industrial regions (Marikana and Elandsfontein) in the north-eastern interior in South Africa as indicated by comparison with other sites in this region. The regional O3 problem was also shown with O3 concentrations being higher than 40 ppb at many sites in the north-eastern interior, while the South African air quality standard limit for O3 was regularly exceeded at the four sites in this study. O3 levels were generally lower at other background sites in the Southern Hemisphere compared to the South African sites, while similar seasonal patterns were observed. The temporal O3 patterns observed at the four sites resembled typical trends for O3 in continental South Africa, i.e. O3 concentration peaking in late winter and early spring, and daytime O3 peaks associated with increased photochemical production. The seasonal O3 trends observed in continental South Africa were mainly attributed to the seasonal changes in emissions of O3 precursor species and changes in meteorological conditions. Increased O3 concentrations in winter were indicative of increased emissions of O3 precursors from household combustion for space heating and the concentration of low-level pollutants near the surface. A spring maximum was observed at all the sites, which was attributed to increased regional biomass burning during this time. Source area maps of O3 and CO indicated significantly higher O3 and CO concentrations associated with air masses passing over a region where a large number of seasonal open biomass burning occurred in southern Africa, which indicated CO associated with open biomass burning as a major source of O3 in continental South Africa. The relationship between O3, NOx and CO indicated a strong dependence of O3 on CO, while O3 levels remained relatively constant or decreased with increasing NOx. The seasonal changes in the relationship between O3 and precursors species also reflected the seasonal changes in sources of precursors. The instantaneous production rate of O3, P(O3), calculated at Welgegund indicated that at least 40 % of O3 production occurred in the VOC-limited regime. These relationships between O3 concentrations and P(O3) with O3 precursor species revealed that large parts of the regional background in continental South Africa can be considered CO- or VOC-limited, which can be attributed to high anthropogenic emissions of NOx in the interior of South Africa. It was indicated that the appropriate emission control strategy should be CO (and VOC) reduction associated with household combustion and regional open biomass burning to effectively reduce O3 pollution in continental South Africa.

scholarly journals Globalisation, the Development of Constitutionalism and the Individual Employee

2017 ◽  
Vol 10 (2) ◽  
pp. 1
Author(s):  
K Calitz
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Constitutional Rights ◽  
Private International Law ◽  
Employment Contracts ◽  
Constitutional Protection ◽  
The Individual ◽  
The Right ◽  
The Relationship

Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements.  There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law.  In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts. 

scholarly journals Modeling for transboundary water resources planning and allocation: the case of Southern Africa

2010 ◽  
Vol 14 (11) ◽  
pp. 2343-2354 ◽  
Author(s):  
D. Juízo ◽  
R. Lidén
Keyword(s):  
South Africa ◽  
Water Resources ◽  
River Basin ◽  
Southern Africa ◽  
Degrees Of Freedom ◽  
System Analysis ◽  
Model Performance ◽  
Yield Model ◽  
Water Users ◽  
Development Scenarios

Abstract. International water resources agreements for transboundary rivers in southern Africa are generally founded in system analysis models for water planning and allocation. The Water Resources Yield Model (WRYM) developed in South Africa has so far been the only model applied in official joint water resources studies aimed to form water-sharing agreements. The continuous discussion around the model performance and growing distress over it being South African, where it was originally developed, while South Africa is one of the interested parties in the process, results in an increased controversy over the system analysis results that are often only meant to guide in selecting the options for water resources management in a given set of scenarios. The objective of this study was therefore to assess the model performance of two other models; WAFLEX and WEAP21 in the Umbeluzi River Basin system where the WRYM was previously applied as part of a Joint River Basin Study. A set of basin development scenarios was equally tested in the three models and the results compared. The results show that the three models all are possible tools for system analysis of river basins in southern Africa, although the structure and complexity of the models are different. The obtained level of satisfaction for specific water users could, however, vary depending on which model was used, which causes uncertainties. The reason for the diverse results is the structurally different ways of describing allocation and prioritization of water in the three models. However, the large degrees of freedom in all system models cause even larger uncertainty in the results since the model developer can, intentionally or unintentionally, direct the results to favor certain water user. The conclusion of this study is therefore that the choice of model does not per se affect the decision of best water allocation and infrastructure layout of a shared river basin. The chosen allocation and prioritization principles for the specific river basin and the model developer's experience and integrity are more important factors to find the optimal and equitable allocation.

Region of Birth and Child Mortality among Black Migrants to South Africa: Is there a foreign-born advantage?

2016 ◽  
Vol 13 (3) ◽  
pp. 359-376 ◽  
Author(s):  
Tiffany L Green ◽  
Amos C Peters
Keyword(s):  
South Africa ◽  
South African ◽  
Child Mortality ◽  
Southern Africa ◽  
Strong Relationship ◽  
Developed Countries ◽  
Black Immigrants ◽  
Foreign Born ◽  
Region Of Origin ◽  
Child Deaths

Much of the existing evidence for the healthy immigrant advantage comes from developed countries. We investigate whether an immigrant health advantage exists in South Africa, an important emerging economy.  Using the 2001 South African Census, this study examines differences in child mortality between native-born South African and immigrant blacks.  We find that accounting for region of origin is critical: immigrants from southern Africa are more likely to experience higher lifetime child mortality compared to the native-born population.  Further, immigrants from outside of southern Africa are less likely than both groups to experience child deaths.  Finally, in contrast to patterns observed in developed countries, we detect a strong relationship between schooling and child mortality among black immigrants.

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