scholarly journals Parallel Planning Mechanisms as a "Recipe for Disaster"

2017 ◽  
Vol 13 (1) ◽  
pp. 213
Author(s):  
Jeannie Van Wyk
Keyword(s):  
South Africa ◽  
Urban Planning ◽  
Critical Reflection ◽  
Land Development ◽  
Negative Consequences ◽  
Planning Law ◽  
Municipal Planning ◽  
Urban Planning And Development ◽  
The Republic

This note offers a critical reflection of the recent landmark decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal which lay to rest the negative consequences of employing the DFA procedures of the Development Facilitation Act 67 of 1995 (DFA) alongside those of the provincial Ordinances to establish townships (or to use DFA parlance, “land development areas”). The welcome and timely decision in City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal has declared invalid chapters V and VI of the DFA. Moreover, it has formalised planning terminology in South Africa, delineated the boundaries of “municipal planning” and “urban planning and development” as listed in Schedules 4 and 5 of the Constitution of the Republic of South Africa, 1996 and, in the process, clarified the structure of planning law. This note examines the decision of the SCA and focus on the role it will clearly have in reforming some of the law relating to planning. It considers the facts of the case, uncertainties around terminology, the structure of planning in South Africa, the content of municipal planning, the role of the DFA and the consequences of the declaration of invalidity by the SCA.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

2019 ◽  
Author(s):  
A. FREDDIE
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Transition To Democracy ◽  
The Political ◽  
Political Activities ◽  
Foreign Policy Change ◽  
The Republic ◽  
Apartheid Regime

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

scholarly journals OF SEMI-COLONS AND THE INTERPRETATION OF THE HATE SPEECH DEFINITION IN THE EQUALITY ACT South African Human Rights Commission v Qwelane (Freedom of Expression Institute as Amici curiae) and a related matter [2017] 4 All SA 234 (GJ)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Joanna Botha
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Eastern Cape ◽  
Threshold Test ◽  
Related Matter ◽  
The Republic

In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive interpretation given to the same provision in Herselman v Geleba (ECD (unreported) 2011-09-01 Case No 231/09 hereinafter “Herselman”) by the Eastern Cape High Court. The consequence is a “fragmented jurisprudence” which impacts on legal certainty, and which is especially dangerous when the legislation in question is critical to the achievement of the constitutional mandate (Daniels v Campbell NO 2004 (5) SA 331 (CC) par 104 hereinafter “Daniels”).This note demonstrates that the Qwelane court misapplied a number of key principles. These include: the court’s mandate in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (hereinafter the “Constitution”); the need to strike an appropriate balance between competing rights in the constitutional framework; the importance of definitional certainty for a hate speech threshold test; the meaning to be ascribed to the terms “hate”, “hurt” and “harm” in the context of hate speech legislation; and the role of international law when interpreting legislation intended to give effect to international obligations.The consequence of these errors for hate speech regulation in South Africa is profound.

scholarly journals The conservation role of forestry in South Africa

Koedoe ◽  
1977 ◽  
Vol 20 (2) ◽  
Author(s):  
D.P. Ackerman
Keyword(s):  
United States ◽  
South Africa ◽  
National Park ◽  
Future Generations ◽  
The World ◽  
The Republic

In September 1965, at the signing ceremony of a National Park Bill, United States President Johnson remarked: "We are living in the Century of Change. But if future generations are to remember us more with gratitude than with sorrow, we must achieve more than just the miracles of technology. We must also leave them a glimpse of the world as God really made it, not just as it looked when we got through with it." In the same spirit, forestry in the Republic of South Africa (RSA) shares the responsibility of conserving and restoring as far as possible the environment in which we and succeeding generations must live.

scholarly journals PRESIDENTIAL POWERS IN SOUTH AFRICA – MORE QUESTIONS THAN ANSWERS

Obiter ◽  
2019 ◽  
Vol 40 (1) ◽  
Author(s):  
George Barrie
Keyword(s):  
South Africa ◽  
South African ◽  
Good Governance ◽  
The United States ◽  
Abraham Lincoln ◽  
United States Congress ◽  
Executive Authority ◽  
Head Of State ◽  
The Republic

This note attempts to analyse the essence of presidential powers in South Africa. These powers are in essence found in sections 83−85 of the Constitution, which relate to “The President”, “Powers and functions of President” and “Executive authority of the Republic” respectively. After being in operation for close to two-and-a-half decades, questions still remain as to the precise meaning of the Constitution’s reference to the President as “head of state”, “head of the national executive” and being vested with “executive authority”. The existence of such questions, it is submitted, should be of some concern. Since the role of the President is critical in ensuring effective executive government, is it not imperative that, by this time, there should be a consensus as to the meaning of the terms “head of state”, “head of the national executive” and “executive authority”? The role of the President can be extremely politically demanding. Executive aggrandisement must be averted. Because our system of executive government is relatively unexplored given that the Constitution only dates from 1996, it needs to be developed in a truly democratic context with a keen sense of constitutionalism. This implies that the executive must be “unable to employ the strong arm tactics that an autocratic executive is by its very nature able to do”.The dilemma facing the South African President as head of state and head of the national executive and being vested with executive authority (sections 83, 84 and 85 of the Constitution) is similar to that faced by Abraham Lincoln on 4 July 1861 in his historic address to the United States Congress after the outbreak of the Civil War. Lincoln posed this question: “Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?”.In discussing the terms “head of state” and “head of the national executive”, the terms as they feature in the Constitution are referred to; the terms as interpreted and applied in practice are analysed and lastly the myriad questions raised by the terms are highlighted. It will emerge that when it comes to analysing these terms, there appear to be more questions than answers. It is submitted that these unanswered questions are not consonant with good governance and can only result in constant litigation.

scholarly journals Role of courts in interpreting local government's environmental powers in South Africa

2016 ◽  
pp. 17-35
Author(s):  
Oliver Fuo
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Local Government ◽  
Case Law ◽  
Environmental Rights ◽  
Environmental Objectives ◽  
Fundamental Transformation ◽  
The Republic

Local government in post-apartheid South Africa has undergone fundamental transformation. This is evident from its extensive governing powers and functions and its expanded developmental mandate. At the forefront of sustainable development, municipalities have legislative and executive powers to administer the matters listed in Schedules 4B and 5B of the Constitution of the Republic of South Africa, 1996. Moreover, matters listed in Schedules 4A and 5A of the Constitution can be assigned to municipalities by national and provincial governments. Like other spheres of government, municipalities are obliged to contribute towards realising s 24 of the Constitution – guaranteeing environmental rights. However, the exact contours of their powers in promoting the objectives of s 24 of the Constitution are ill-defined and subject to ongoing definition by way of legislation, policies and case-law. This article argues that environmental litigation presents courts an opportunity to further redefine the powers of municipalities in fostering constitutional environmental objectives in South Africa. Drawing from Le Sueur and Another v eThekwini Municipality and Others [2013] ZAKZPHC 6 (30 January 2013), this article demonstrates how courts can play an important role in clarifying the environmental powers and functions of municipalities in South Africa. This article is based on a review of legal and extra-legal sources.

scholarly journals The role of transitional uses, temporary interventions & "ephemerality" in post-industrial waterfront spaces: lessons for Toronto's port lands.

2021 ◽  
Author(s):  
Kathryn J. Hickey
Keyword(s):  
Urban Planning ◽  
Case Studies ◽  
Social Engagement ◽  
Planning Process ◽  
Urban Planning And Development ◽  
Planning Processes ◽  
Time Gap ◽  
Post Industrial

Post-industrial waterfronts are often characterized by a time-gap or a moment of standstill between the collapse of a previous use and the transition to a new and future use. However, conventional planning processes often leave these areas in a curious limbo while they are being prepared or while their futures are being determined. Changing contemporary conditions demand that planners re-evaluate urban planning and development approaches. Transitional uses and temporary interventions must be recognized as legitimate and important aspects of the planning process especially in these ephemeral landscapes as they provide an outlet for innovative and adaptive practices. This paper discusses three case studies. The cities of Melbourne, Amsterdam and Hamburg implemented unique and adaptive projects along their waterfronts as mechanisms to catalyze redevelopment and foster social engagement during indeterminate times. This paper explores these projects and applies the strategies used in each to Toronto’s vacant and extensively underutilized Port Lands.

scholarly journals Nature conservation at the provincial level in the republic of South Africa

Koedoe ◽  
1977 ◽  
Vol 20 (2) ◽  
Author(s):  
S.S. Du Plessis
Keyword(s):  
South Africa ◽  
Nature Conservation ◽  
National Parks ◽  
Land Use Planning ◽  
Oceanic Islands ◽  
Environmental Conservation ◽  
Maritime Provinces ◽  
Wilderness Areas ◽  
The Republic

Before considering the role of the provinces in nature conservation in the Republic of South Africa (RSA) it is necessary to briefly review the responsibilities of other government agencies in this field:(i) the Department of Planning and the Environment has a co-ordinating function with regard to environmental conservation and land-use planning;(ii) the National Parks Board of Trustees is responsible for the estab-lishment and management of national parks;(iii) the Department of Forestry controls vast natural areas in mountain catchments and also has a system of nature reserves and wilderness areas;(iv) the Sea Fisheries Division of the Department of Commerce and Industries is responsible for the conservation of marine resources including mammals and birds. The two maritime provinces, how-ever, have jurisdiction over estuaries, while Natal also controls inshore fisheries;(v) the Weather Bureau of the Department of Transport is responsible for conservation of oceanic islands used as weather stations;(vi) soil conservation is the responsibility of the Department of Agricul-tural Technical Services.

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