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Minister Molewa’s Budget Speech 2012 for DWA: Water security, service delivery, enforcement and legislative review
A budget vote speech delivered by Minister Edna Molewa on 14 April 2011, outlining the Department of Water Affairs' strategy to increase water availability for economic growth and job creation in South Africa. The speech details major infrastructure projects, water security measures, regulatory frameworks for water quality, and plans for legislative review to prevent water hoarding.
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Document type: Statement
REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY
The document argues that protecting critical biodiversity and hydrological areas from mining is in the national interest and essential for climate change mitigation and adaptation. It proposes a list of areas for total prohibition and a set of procedural restrictions for other sensitive zones to improve decision-making and environmental oversight.
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Document type: Statement
An Induction Workbook for Interns in the Environment and Biodiversity Sector
The document serves as a comprehensive guide for interns in South Africa's environmental sector, bridging the gap between academic study and professional work. It outlines the roles of various government and civil society entities, explains the national environmental policy landscape rooted in the Constitution, and provides practical tools for time management, communication, and workplace ethics. Additionally, it offers guidance on performance appraisals, the rights and responsibilities of interns, and strategies for transitioning into full-time employment within the green economy.
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Document type: Guide
National Environmental Compliance & Enforcement Report 2009-10
The National Environmental Compliance & Enforcement Report 2009-10 provides a comprehensive overview of environmental law enforcement activities in South Africa from April 1, 2009, to March 31, 2010. It details the growth of the Environmental Management Inspectorate (EMI), national statistics on criminal and administrative enforcement, and specific case studies regarding industrial pollution and biodiversity crimes, particularly rhino poaching.
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Document type: Report
Grappling with Governance
The document examines the African Peer Review Mechanism (APRM) as a voluntary self-monitoring tool for promoting good governance in Africa. It analyzes the process from the perspectives of civil society, journalists, and researchers, highlighting the gap between theoretical design and practical implementation. Key findings indicate that while the APRM has catalyzed dialogue and empowered some civil society actors, it often suffers from a lack of political will, poor coordination, and a disconnect between the diagnostic reports and the subsequent National Programmes of Action (NPoAs). The text emphasizes that the mechanism's success depends on the ability of civil society to demand accountability and the willingness of leaders to implement honest reforms.
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Document type: Report
Democracy and Accountability: Balancing Majority Rule and Minority Rights
The document argues that accountability—defined as the obligation of those in power to justify their decisions—is the essential ingredient for functional constitutionalism. It proposes three tests for constitutionalism: limitations on government power, domestic legitimacy, and the protection of human rights. Using South Africa as a primary example, the author highlights a tension where liberation movements often transition from fighting for people's freedom to securing elite power, leading to the erosion of judicial independence and the failure to implement constitutional rights in practice. The paper concludes that a culture of accountability and a vigilant civil society are necessary to prevent a 'winners and losers' scenario and to protect individuals without needing specific group rights.
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Document type: Research paper
APRM’s Economic Governance and Management Standards: What civil society should look for
The paper argues that the technocratic language of the APRM's Economic Governance and Management section often obscures opportunities for civil society to advocate for socio-economic rights. To address this, the authors propose five evidence-based indicators—Strategic Planning and Resource Allocation, Expenditure Management, Internal Controls and Monitoring of Performance, Handling of Misuse/Abuse of Resources, and Accountability to Oversight Institutions—to help citizens monitor whether public resources are effectively translated into services like health, education, and housing.
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Document type: Research paper
La gouvernance économique et les normes de gestion : Ce que devrait rechercher la société civile
The paper provides a framework for civil society organizations (CSOs) to interpret the 'Economic Governance and Management' section of the African Peer Review Mechanism (APRM) questionnaire. It argues that citizens have a fundamental right to efficient public services and that CSOs should use evidence-based tools to monitor strategic planning, expenditure management, internal controls, and the accountability of supervisory institutions. Using examples from the Eastern Cape province of South Africa, the authors illustrate how poor management—such as outdated epidemiological data or lack of internal audit committees—directly undermines the delivery of healthcare, housing, and education.
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Document type: Research paper
Corruption and social grants in South Africa
The report examines the South African government's efforts to curb social grant fraud, specifically focusing on the role of the Department of Social Development (DSD), the Special Investigating Unit (SIU), and the establishment of the South African Social Security Agency (SASSA). It highlights a significant anti-fraud campaign that identified thousands of ineligible public servants and private beneficiaries, resulting in billions of rands in savings. However, the authors critique the reliance on a technocratic approach that ignores the root causes of fraud—namely poverty and unemployment—and notes systemic administrative failures, particularly in the Eastern Cape. The document recommends strengthening internal controls, improving inter-departmental database integration, and ensuring a more consistent application of the law for all fraudsters regardless of their status as civil servants.
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Document type: Report
National Environmental Compliance & Enforcement Report 2007-8
The National Environmental Compliance & Enforcement Report 2007-8 details a significant increase in reported environmental enforcement activities in South Africa, including a tripling of arrests and a five-fold increase in convictions compared to the previous year. It highlights systemic non-compliance across the iron, steel, and refinery sectors, alongside targeted efforts to combat illegal wildlife trade, particularly rhino horn trafficking. The report also outlines judicial precedents regarding environmental directives and the ongoing training of magistrates and prosecutors to improve the adjudication of environmental crimes.
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Document type: Report
A lethal cocktail
The report examines how corruption, poor oversight, and political interference hinder HIV/AIDS services in South Africa despite significant increases in funding. It identifies systemic vulnerabilities in budget tracking, donor fund management, and pharmaceutical procurement, while documenting specific cases of fund misappropriation and the promotion of unproven alternative remedies. The study argues that a combination of weak institutional structures and a lack of political will creates a 'lethal cocktail' that disproportionately affects the poor and marginalised.
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Document type: Report
CHARTING PROGRESS, MAPPING THE FUTURE
The report identifies a fragmented landscape of restorative justice in South Africa, where significant activity exists in pockets—particularly within probation services and specific NGOs like NICRO—but is severely hampered by inconsistent funding and a lack of systemic integration. While the authors argue that restorative justice is a philosophy rather than a specific program, they find that implementation varies widely by province, with some regions showing stronger collaboration between traditional leaders and the formal judiciary. The document concludes that the state should act as an enabler, resourcer, and guarantor of quality, while civil society should lead direct service delivery to ensure community accountability and democratic empowerment.
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Document type: Report
DIVISION OF THE REPUBLIC INTO REGIONS FOR THE PURPOSES OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (ACT NO. 28 OF 2002)
This government notice, published on 30 April 2004 by the Minister of Minerals and Energy, defines the regional divisions of South Africa and its adjacent sea for the purposes of the Mineral and Petroleum Resources Development Act, 2002.
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Document type: Statement
International Trade in Services and Sustainable Development: The Case of Tourism in South Africa
The report examines how the liberalization of tourism services in South Africa interacts with economic growth, social equity, and environmental conservation. It finds that while tourism is a significant employer and GDP contributor, the links between trade liberalization and sustainable development are indirect, primarily manifesting as increased foreign investment and overseas visitor arrivals. Through case studies of Phinda Game Reserve, Greater St Lucia Wetlands Park, and Amadiba Adventures, the document demonstrates that different ownership structures—private, government, and community—each offer distinct incentives for environmental preservation and community benefit, though institutional inertia and lack of coordination often hinder the potential of public-sector management.
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Document type: Report
Diversion in South Africa
The document examines the evolution of diversion in South Africa, moving from disjointed, discretionary practices in the 1990s toward a regulated system under the Child Justice Bill. It details the Bill's mechanisms for expanding diversion, such as compulsory assessments and preliminary inquiries, and categorizes diversion options into three levels based on offence severity. The paper also analyzes the role of the National Institute for Crime Prevention and the Reintegration of Offenders (NICRO) as a primary provider and presents cost-benefit analyses suggesting that increased diversion spending would lead to overall government savings by reducing child detention. Evaluation studies of specific programmes like SAYStOP and DIME generally show positive outcomes in reducing recidivism and improving child well-being.
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Document type: Research paper
Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and Others
This briefing outlines a 2001 High Court of South Africa judgment regarding the discharge of noxious gases from a tannery and the subsequent failure of government officials to address the pollution.
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Document type: Briefing
DECLARATION OF AREAS AS MARINE PROTECTED AREAS
This government notice, published on 29 December 2000 by the Minister of Environmental Affairs and Tourism, declares several areas as Marine Protected Areas (MPAs) under Section 43 of the Marine Living Resources Act, 1998. The document defines the precise geographic boundaries of these MPAs across the Western Cape, Eastern Cape, and KwaZulu-Natal provinces and outlines specific stipulations regarding permitted fishing activities and restrictions on vessel use and wildlife interaction.
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Document type: Statement
Crime and Policing in South Africa's rural areas
The report finds that rural South Africans are victimised at rates similar to urban residents, with stock theft and burglary being the most common crimes. Policing in these areas is described as predominantly reactive and severely hampered by geographic isolation, lack of infrastructure, and resource constraints. The author argues that short-to-medium term safety improvements should focus on enhancing the investigative and reactive capacities of local police stations rather than implementing complex participatory crime prevention programmes common in urban areas.
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Document type: Report
FACING THE FUTURE: THE SOUTH AFRICAN ARMY AND TRANSFORMATION
The document details the transformation of the South African National Defence Force (SANDF) and the South African Army following the 1994 democratic transition. It outlines a shift toward civil control, broad representivity, and a streamlined administrative structure called the Ministry of Defence (MoD), which is expected to save R300 million. The transformation involves integrating former non-statutory forces (NSF) and statutory forces, implementing affirmative action, and redefining the Army's mission from winning land battles to providing battle-ready troops for a Joint Operations Organisation. The papers highlight challenges such as budgetary restrictions, ageing equipment, and the need to combat racial prejudice within the ranks, while projecting a future role focused on territorial integrity and regional peacekeeping within the SADC and OAU frameworks.
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Document type: Research paper
NOISE CONTROL REGULATIONS IN TERMS OF SECTION 25 OF THE ENVIRONMENT CONSERVATION ACT, 1989 (ACT NO. 73 OF 1989)
The Noise Control Regulations, issued under Section 25 of the Environment Conservation Act, 1989, establish a legal framework for managing noise pollution in South Africa. The regulations define 'disturbing noise' and 'noise nuisance,' grant local authorities broad enforcement powers, and set specific decibel limits for vehicles and buildings in 'controlled areas.' They also prohibit certain noise-generating activities in residential areas during specific times and outline penalties for non-compliance.
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Document type: Report