scholarly journals Water, mining, and waste: An historical and economic perspective on conflict management in South Africa

2007 ◽  
Vol 2 (2) ◽  
Author(s):  
Rebecca A. Adler ◽  
Marius Claassen ◽  
Linda Godfrey ◽  
Anthony R. Turton
Keyword(s):  
South Africa ◽  
South African ◽  
Mine Waste ◽  
Mining Industry ◽  
Safe Environment ◽  
Mine Water Management ◽  
Access To Water ◽  
The Government ◽  
The Right ◽  
Simple Economic

Lack of government intervention in South Africa's mining industry has worsened conflicts associated with limited water resources. With the advent of democracy, new legislation demands that all South African citizens have the right to a clean, safe environment, including access to potable water, and that the country develop in a sustainable manner. But conflict remains due to the historical partnership between the government and the mining industry, as well as due to cumulative impacts associated with mining, which has polluted natural ground water sources. In this article, an historical overview of the mining industry in South Africa is presented, along with a simple economic model to describe behavior of the mining industry over time. Legislative frameworks used to address mine waste and mine water management are evaluated and suggestions are made for how to use an understanding of resource driven conflict to improve the outlook of mining and access to water for all in South Africa.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

scholarly journals A HEXAGON RIGHT: THE SIX DIMENSIONS OF THE SOUTH AFRICAN RIGHT TO BASIC EDUCATION

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
South Africa ◽  
Secondary School ◽  
International Law ◽  
South African ◽  
Basic Education ◽  
The South ◽  
Six Dimensions ◽  
The Government ◽  
The Right ◽  
Primary And Secondary School

Notwithstanding the enactment of the South African Constitution in 1996, 23 years later, the need to determine the scope and content of the right to basic education has been a battlefield for authors. Whilst authors battle, complaints are made about the South African government charging school fees for basic education, decreasing pass thresholds for matriculants, students learning in dilapidated classrooms, non-delivery of text books, unqualified teachers and many complaints reminiscent of a failing basic education system. Despite citizen attempts to take the government to court for specific violations relating to the provision of basic education, in the absence of a law of general application specifically unpacking the scope and content of the right to basic education in South Africa, an ultimate question remains, what is the scope and content of the right to basic education for the purposes of its implementation in South Africa? This paper attempts to determine the scope and content of section 29(1)(a) using an international law approach. After engaging the provisions of international law as well as writings by other authors, the conclusion is that, in relation to its scope and content, section 29(1)(a) is a hexagon right that is, a right comprising of six interrelated dimensions. The six dimensions are that, the right to basic education includes primary and secondary school attendance, the right to basic education includes compulsory and free attendance of both primary and secondary school and the right to basic education is an unqualified right. Further, the right to basic education is a minimum core content of the right to education, the right to basic education must be available, accessible, acceptable and adaptable and the quality standard of the right to basic education is explained by the World Declaration on Basic Education for All, 1990.

Human Rights to Water Access in South Africa: Challenges and Critical Concerns

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Tinuade Adekunbi Ojo
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Water Policy ◽  
Water Access ◽  
The South ◽  
History Of ◽  
Access To Water ◽  
The Government ◽  
Basic Infrastructure

Many scholars have written on the challenges of ensuring access to water in South Africa, and much research has been done on the national water policy of the South African Government, yet major challenges facing the water sector persist. This study presents a human rights approach as a theoretical foundation for investigating the basic right to water access, with a specific focus on the sustainable development goals (SDGs) in the three tiers of governance. Existing literature on the history of water access was explored regarding the global as well as the South African history of water rights. The main focus of this study was SDG no. 6, which is related to issues regarding water access in South Africa. The study concluded that the human right of having access to water is a crucial issue to be treated with caution by the government in order for the poor to have basic infrastructure.

scholarly journals Implications of the Failure to pay the Required Electoral Deposit in South Africa: Analysing National Freedom Party v Electoral Commission

Afrika Focus ◽  
2020 ◽  
Vol 33 (1) ◽  
Author(s):  
Angelo Dube
Keyword(s):  
South Africa ◽  
Key Words ◽  
South African ◽  
Political Party ◽  
Fundamental Rights ◽  
Intention To Participate ◽  
Legal Position ◽  
The Government ◽  
The Right ◽  
Democratic Country

The right to participate in elections is one of the cornerstones of any democratic country. This is true of South Africa’s electoral process, which was put to the test in the case of National Freedom Party v Electoral Commission in 2016. To promote free and fair elections, certain safeguards must be put in place. These include notifying the Electoral Commission of an intention to participate in elections through the payment of a deposit on a specified date by the party intending to participate in elections, and the publication of an election timetable by the government. This research has found that once published, the Electoral Commission has no power to change the electoral timetable. The only remedy for a party that fails to comply with the electoral prescripts such as the payment of an electoral deposit lies under section 11(2)(a) of the South African Local Government: Municipal Electoral Act. Additionally, it found that the concept of free and fair elections takes into account the interests of all parties concerned, and not just that of the party that alleges unfairness stemming from the exclusion. Whilst the exclusion of a party can lead to the violation of certain fundamental rights, such as the right to regular free and fair elections, and the right to vote, it is important to note that this case clearly establishes the legal position that a party’s failure to comply with the legal prescripts, will bar that political party from obtaining a remedy for exclusion. KEY WORDS: ELECTORAL COMMISSION, ELECTORAL TIMETABLE, FREE AND FAIR ELECTIONS, CONDONATION, NON-COMPLIANCE.

The Malawi Government and South African Labour Recruiters, 1974–92

1996 ◽  
Vol 34 (4) ◽  
pp. 623-642 ◽  
Author(s):  
Wiseman Chijere Chirwa
Keyword(s):  
South Africa ◽  
South African ◽  
Mining Industry ◽  
The South ◽  
Plane Crash ◽  
The People ◽  
The Government

In April 1974, 74 Malawian migrant labourers returning from work in South Africa died in a plane crash in Francistown, Botswana. Immediately, Dr Hastings Kamuzu Banda, the then [Life] President of Malawi, banned all labour recruiting activities in his country. Miners on holiday were not allowed to go back to their jobs, and those under contract with the Witwatersrand Native Labour Association (WNLA), known as Wenela, were to be repatriated — a decision that cost the South African mining industry some R7 million during the next two years. Thereafter, Dr Banda frequently boasted that ‘I have killed Wenela’, as for example on two public occasions in 1983: I have killed two recruiting agencies, the Witwatersrand Native Labour Association, Wenela, in short, and the Rhodesian Native Labour Bureau, or Mthandii… They no longer recruit in Malawi. They have surrendered all their buildings to the government…, because the majority of the people have responded to my appeal to stay here and work in their gardens or on the estates.

scholarly journals An exploration of women's workplace experiences in the South African mining industry

2020 ◽  
Vol 120 (8) ◽  
Author(s):  
S. Mangaroo-Pillay ◽  
D. Botha
Keyword(s):  
South Africa ◽  
South African ◽  
Quantitative Research ◽  
Mining Industry ◽  
Research Approach ◽  
The South ◽  
Workplace Experiences ◽  
Petroleum Resources ◽  
The Government ◽  
Practical Recommendations

SYNOPSIS Historically, the mining industry, on a global level, was male-dominated, as many governments had prohibited women from working at mines, particularly underground. In South Africa, the government introduced the Mineral and Petroleum Resources Development Act (No. 28 of 2002) (MPRDA) and the Broad-based Socio-economic Empowerment Charter to address the imbalances and rectify previous inequalities in the mining industry. Since the inception of MPRDA, women's representation in the South African mining industry has increased, from 3% in 2002 to 15% in 2018. Although government has good intentions, gender equality in the mining industry remains a challenge. Research on women employed in South African mines revealed that women still face barriers to some extent. This research explores women's current workplace experiences in the South African mining industry. A literature review and an empirical study were conducted. The study followed a positivistic research approach, and a quantitative research design was used. Self-administered questionnaires were distributed at the 8th Annual Women in Mining Conference in February 2017. Based on the data obtained, it became evident that several aspects must still be addressed to successfully accommodate women in the mining workplace. The study offers practical recommendations that can be implemented by mining organizations to improve women's workplace experiences in order to encourage and foster transformation in the mining industry. Keywords: gender, mining industry, mining legislation, South Africa, women in mining.

scholarly journals Implications of the Failure to Pay The Required Electoral Deposit in South Africa: Analysing National Freedom Party V Electoral Commission and Another

Afrika Focus ◽  
2020 ◽  
Vol 33 (1) ◽  
pp. 49-58
Author(s):  
Angelo Dube
Keyword(s):  
South Africa ◽  
Local Government ◽  
South African ◽  
Political Party ◽  
Fundamental Rights ◽  
Intention To Participate ◽  
Legal Position ◽  
The Government ◽  
The Right ◽  
Democratic Country

The right to participate in elections is one of the cornerstones of any democratic country. This is true of South Africa’s electoral process, which was put to the test in the case of National Freedom Party v Electoral Commission in 2016. To promote free and fair elections, certain safeguards must be put in place. These include notifying the Electoral Commission of an intention to participate in elections through the payment of a deposit on a specified date by the party intending to participate in elections, and the publication of an election timetable by the government. This research has found that once published, the Electoral Commission has no power to change the electoral timetable. The only remedy for a party that fails to comply with the electoral prescripts such as the payment of an electoral deposit lies under section 11(2)(a) of the South African Local Government: Municipal Electoral Act. Additionally, it found that the concept of free and fair elections takes into account the interests of all parties concerned, and not just that of the party that alleges unfairness stemming from the exclusion. Whilst the exclusion of a party can lead to the violation of certain fundamental rights, such as the right to regular free and fair elections, and the right to vote, it is important to note that this case clearly establishes the legal position that a party’s failure to comply with the legal prescripts, will bar that political party from obtaining a remedy for exclusion.

scholarly journals Classification and characterisation of smallholder farmers in South Africa: a brief review

2021 ◽  
Vol 49 (2) ◽  
pp. 97-106
Author(s):  
Carelson ◽  
Ncube ◽  
Fanadzo
Keyword(s):  
South Africa ◽  
Predominantly White ◽  
South African ◽  
Land Reform ◽  
Agricultural Sector ◽  
Smallholder Farmers ◽  
Western Cape ◽  
Smallholder Farming ◽  
Access To Water ◽  
The Government

The South African agricultural sector has experienced various transformation processes over the past 25 years, from a predominantly white commercial sector to a black focused sector with an emphasis on smallholder farming. The government is committed to supporting the smallholder farming sector through interventions that include land reform and access to water, amongst others. Despite these efforts, smallholder farmers remain vulnerable, especially during drought periods. Smallholder farmers are not homogeneous; instead, they are diverse, and their farming needs also differ according to their livelihood needs. Due to the diversity of smallholder farmers, it is difficult for the government to effectively respond to their needs. The 2015–2018 drought is a case in point. This paper assesses the challenges of defining and classifying smallholder farmers in South Africa. The complex Western Cape classification system is presented as a case study. The study concludes that there is a need for a simpler method of grouping the smallholder farmers based on their livelihoods to develop relevant support systems.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

scholarly journals The transition to general management in South Africa

2017 ◽  
Vol 15 (0) ◽  
Author(s):  
Stephen J. Mallaby ◽  
Gavin Price ◽  
Karl Hofmeyr
Keyword(s):  
South Africa ◽  
South African ◽  
Personal Characteristics ◽  
Structured Interviews ◽  
General Manager ◽  
General Management ◽  
General Managers ◽  
Managerial Implications ◽  
Effective Development ◽  
The Right

Orientation: Understanding the nature and challenges of making the transition from a functional role to a general management role in South African organisations.Research purpose: The objective of this study was to gain insight into the obstacles that affect the transition from functional to general management and identify steps that may be taken to overcome these challenges.Motivation for the study: One of the most difficult crossroads for a manager is making the shift from being a functional specialist to becoming a general manager. New competencies and behaviours are required, as well as a more strategic mind set. If the transition is not made successfully, the manager and the organisation suffer.Research design, approach and method: A qualitative design was used consisting of in-depth, semi-structured interviews, with 19 senior business leaders who had successfully made the transition. The interviews were used to gather insights into the challenges they faced during their transitions, and how these were overcome.Main findings: To make the transition successfully, functional managers need to gain relevant experience to prepare them for the broader scope of a general management role. They need to develop appropriate skills, attitudes and personal characteristics. Mentoring is an effective development process. Newly appointed general managers need to learn to let go of control while maintaining ownership, build relationships and strike the right balance between strategic thinking and execution. There are unique aspects of being a general manager in South Africa, such as dealing with Black Economic Empowerment and challenges of race and identity, given the country’s history.Practical and managerial implications: Specific interventions are suggested which are directed at both aspiring general managers and organisations seeking to assist middle managers to make the transition to general managers.Contribution: This study contributes to knowledge concerning the skills and attributes required by potential general managers, and the practical steps to be taken by South African organisations to facilitate the development of general managers. 

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