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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
ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD
The Water Tribunal dismissed an appeal by the Escarpment Environmental Protection Group and the Langkloof Environmental Committee against a water use licence issued to WERM Mining (Pty) Ltd. The Tribunal ruled that the appellants lacked locus standi because the National Water Act 36 of 1998 limits the right of appeal to specific persons, and no right of appeal arises for objectors if no notice was published in the media as required by section 41(4) of the Act. The Tribunal further determined that the National Environmental Management Act 107 of 1998 and the Promotion of Administrative Justice Act, 2000 did not extend the right to internal appeal in this statutory context.
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Document type: Legal commentary
Multiple Identities: Behind South Africa’s Approach to Climate Diplomacy
South Africa's climate policy is shaped by a conflict between its role as an international 'bridge-builder' and domestic structural barriers. While the government pursues a leadership role in multilateral forums and the BASIC group, domestic progress is hindered by a 'minerals-energy complex' dominated by coal-reliant entities like Eskom and Sasol, alongside urgent priorities to expand energy access and employment. The document highlights the diplomatic challenge of balancing relations with major emerging economies and other African nations while managing internal political and industrial pressures.
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Document type: Policy brief
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
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
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
DO THE MEANS DEFEAT THE ENDS?
The paper argues that while Gauteng's legislation provides a legal framework for restricting access to public spaces, the stringent requirements—specifically the prohibition of searching people or requesting personal information—render enclosed neighbourhoods ineffective for their intended security purposes.
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Document type: Research paper
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
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
Gripes or Grievances? What the Independent Complaints Directorate statistics tell us (or not)
The research paper argues that statistics from the Independent Complaints Directorate (ICD) are not reliable indicators of overall police brutality in South Africa. While the ICD was established to deter human rights abuses by the South African Police Service (SAPS), the majority of its cases consist of public dissatisfaction with policing services rather than reports of brutality. The author notes that victims of non-fatal police violence are underrepresented in ICD data due to factors such as poverty, marginalization, and police intimidation. Furthermore, significant provincial discrepancies exist, with some offices, such as KwaZulu-Natal, recording far fewer assaults than independent pilot projects in the same region.
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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
CONSERVATION OF AGRICULTURAL RESOURCES ACT 43 OF 1983
The Conservation of Agricultural Resources Act 43 of 1983 (and its associated regulations) provides a legal framework for the protection of agricultural resources in South Africa. It establishes mandatory control measures to prevent soil erosion, waterlogging, and salination, regulates the use of veld and the management of veld fires, and creates a classification system for combating weeds and invader plants. The document also outlines the administrative functions of conservation committees and the technical specifications for soil conservation beacons.
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Document type: Guide
KMBT_C554e-20151214224449
This document is a draft reply from the South African Department of Water and Sanitation to a National Assembly question (No. 4253) regarding the number and qualifications of 'Blue Scorpions' (Environmental Management Inspectors) within its Compliance Monitoring and Enforcement unit.
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Document type: Briefing
181030mandates-539bf707550ad7ef.pdf
This document consists of negotiating mandates and reports from several South African provincial legislatures—Free State, Gauteng, KwaZulu-Natal, Mpumalanga, North West, and Western Cape—regarding the Marine Spatial Planning Bill [B 9D-2017]. The provinces generally support the Bill, which aims to establish a framework for marine spatial planning, coordinate ocean use across multiple sectors, and promote a sustainable ocean economy, while proposing various amendments related to governance, definitions, and inclusivity.
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Document type: Report
2011-ancgp-mncube-q-339-water-demand-innitiatives-in-gauteng-2e4c94379ee5b599.pdf
This document is a draft written reply from the Minister of Water and Environmental Affairs to a question posed by Ms B V Mncube (ANC-Gauteng) in the National Council of Provinces regarding water demand management initiatives in Gauteng.
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Document type: Briefing
2011-da-ellis-q260-eutrophiccation-of-the-blaaubankspruit-resulting-in-fish-kills-79542ae0ef900a59.pdf
A draft reply from the South African Minister of Water and Environmental Affairs regarding fish kills in the Blaaubankspruit in January 2011, attributing the event to sewage effluent rather than acid mine drainage.
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Document type: Briefing