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KEBBLE v MINISTER OF WATER AFFAIRS (2007) JDR 0872 (SCA)
The Supreme Court of Appeal ruled that the former directors of Stilfontein Gold Mining Company (SGM) could not be held in contempt of court because the directives issued by the Department of Water Affairs and Forestry were too vague to be implemented. The court found the directives lacked clarity on the apportionment of costs, payment recipients, and deadlines. The commentary criticizes this judgment for ignoring the environmental risks of SGM's failure to pump and treat underground water, which creates conditions for acid mine drainage, and for failing to hold directors accountable despite their mass resignation prior to contempt proceedings.
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Document type: Legal commentary
Worksite Management Manual
The document outlines the application of mapping and navigation tools for invasive alien plant (IAP) management. It explains the use of different map scales, specifically recommending 1:10,000 for identifying Natural Biological Alien units (Nbals), and describes the utility of topographical and aerial maps for assessing terrain and accessibility. Additionally, it provides instructions on using magnetic compasses to determine bearings and GPS devices to record coordinates of landmarks for later retrieval.
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Document type: Guide
GLOBAL CLASSROOMS: JOHANNESBURG
The South African Institute of International Affairs (SAIIA) operates the Global Classrooms programme in Johannesburg, funded by the United Nations Association of the United States of America (UNA-USA) and Merrill Lynch. The programme uses Model United Nations (MUN) simulations of the UN Security Council to teach students research, negotiation, and diplomacy. Students are paired with tutors from the University of the Witwatersrand for four months of preparation before participating in simulated crises. In 2006, the programme involved 75 schools and addressed hypothetical crises including Mediterranean water quality, nuclear proliferation in Zimbabwe, polio containment in Nigeria, piracy in Somalia, and water rights in Lake Victoria.
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Document type: Fact sheet
Without Courage, Money is Not Enough to Fight AIDS
The document examines how HIV/AIDS stigma hinders the effectiveness of medical interventions in Botswana and South Africa. Despite Botswana's status as the first sub-Saharan African nation to provide a free, universal anti-retroviral drug programme and the availability of millions of dollars in corporate and philanthropic funding, fear of discrimination and cultural taboos regarding sexual activity prevent many HIV-positive individuals from seeking testing and treatment. The text highlights initiatives like the Miss HIV Stigma-Free pageant and the Masa national programme as efforts to normalize the disease and encourage public disclosure of HIV status to overcome these social barriers.
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Document type: Research paper
A Mixed Reception
The monograph compares the literature and experiences of Mozambican and Congolese refugees in South Africa. Mozambican refugees in the 1980s were primarily rural peasants who faced a lack of formal refugee status under the apartheid government. In contrast, Congolese migrants are largely urban, educated middle-class individuals arriving in a constitutional democracy with legal protections. Despite these differences, the author identifies a continuity of xenophobia and a gap between formal legal rights and the actual social treatment of forced migrants in South Africa.
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Document type: Research paper
A Mixed Reception: Mozambican and Congolese Refugees in South Africa
The document examines the migration of Congolese nationals to South Africa, highlighting a stark contrast between their high levels of education and their precarious economic reality. While many arrive as young, middle-class professionals fleeing instability in the Democratic Republic of Congo, they often find themselves in 'survivalist' informal employment, such as car guarding and hair cutting, due to systemic barriers and a lack of professional opportunities. The text details the role of 'Tindikuers' (entrepreneurs who facilitate migration), the formation of defensive ethnic 'tribes' to replace missing state and community support, and the pervasive discrimination and corruption they face within South African state institutions, particularly the Department of Home Affairs.
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Document type: Research paper
A Mixed Reception: Mozambican and Congolese Refugees in South Africa
The research examines the 'mixed reception' of Mozambican refugees in South Africa, arguing that despite ethnic solidarity and eventual legal amnesties, former refugees remained a marginalized underclass. It details how the apartheid government's refusal to grant refugee status ghettoized arrivals in homelands like Gazankulu, creating a vulnerable labour pool. The document highlights a three-tiered agricultural labour market in the lowveld where undocumented migrants were exploited as 'spare chaps' with minimal pay. It further critiques the UNHCR's flawed repatriation programme and suggests that a deep-seated xenophobic impulse in South African society continues to render permanent residents 'de facto undocumented' in practice.
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Document type: Research paper
MOZAMBICAN AND CONGOLESE REFUGEES IN SOUTH AFRICA
The document examines two distinct waves of forced migration to South Africa: Mozambicans fleeing civil war in the 1980s and Congolese migrants arriving from the 1990s. It highlights a persistent gap between the legal rights granted to refugees and the social reality of their reception, characterized by economic marginalization and xenophobia. Mozambican refugees, primarily rural peasants, were often ghettoized in homelands like Gazankulu and exploited as low-wage agricultural labor. Congolese migrants, typically urban and middle-class, face significant social dislocation, with many highly educated professionals relegated to survivalist roles such as car guarding and street vending. In both cases, the author argues that state officials and local communities often ignore formal legal statuses, maintaining the migrants' de facto 'illegal' status to sustain cheap labor markets or satisfy xenophobic impulses.
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Document type: Report
PUZZLING STATISTICS
The author argues that neither official police records nor victimisation surveys provide a definitive basis for ranking South Africa's crime levels against other countries due to significant methodological flaws. While South Africa shows high homicide rates in UNODC data, the author highlights systemic issues such as missing data for populous nations, inconsistent definitions of murder (especially regarding conflict-related deaths and infanticide), and implausible reporting rates in some developing countries. Victimisation surveys, such as the ICVS, offer an alternative but suffer from their own limitations, including the exclusion of murder and inconsistencies in how different cultures perceive and report crimes like sexual assault.
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Document type: Research paper
Turkey and South Africa: The Development of Relations, 1860–2005
The document details the evolution of South Africa-Turkey relations, moving from early religious and consular contacts in the 19th century to formal diplomatic ties established in 1992. It examines significant political frictions, including Nelson Mandela's refusal of the Ataturk Peace Prize, disputes over arms sales and human rights, and the sensitive issue of Kurdish separatism. Economically, the report notes a trade balance heavily skewed in South Africa's favour, driven largely by gold and coal exports, and discusses the role of 'Anatolian Tigers' in promoting direct investment. The report concludes with the 2005 visit of Turkish Prime Minister Recep Tayyip Erdoğan, which aimed to cement relations and implement Turkey's 'Outreach to Africa' policy.
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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
Understanding and Regulating Arms Brokering in Southern Africa
The document is a table of contents and summary page for a workshop report held in Johannesburg from 15-17 March 2004, focusing on arms brokering, legislation, and regional cooperation in Southern Africa.
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Document type: Report
Sayagues: Timbuktu’s Golden Legacy
The document describes Mali as a stable democracy with strong economic growth, largely driven by a gold boom following the 1991 Mining Code revision. South African investment is concentrated in gold mining and energy, contributing positively to state revenue and job creation, though hindered by poor infrastructure, outdated regulations, and limited local business linkages. While Mali is positioned as a potential regional trade hub via WAEMU and ECOWAS, the report notes a gap between the government's pro-investment policies and the practical difficulties faced by operators.
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Document type: Executive summary
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
The Johannesburg Summit 2002: A Call for Action
The document is a formal appeal to the President of the United States to participate in the 2002 Johannesburg Summit. It argues that the U.S. has a special responsibility to lead on sustainable development and environmental protection, citing urgent global crises including climate change, deforestation, and biodiversity loss. The signatories request that the U.S. ratify Rio treaties, reduce carbon dioxide emissions, and support renewable energy technologies.
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Document type: Statement
On Clustering International Environmental Agreements
The document argues that the current structure of international environmental management is overly complex and fragmented, with over 300 agreements. It proposes 'clustering'—the coordination of related regimes through shared tools—as a realistic alternative to the 'daunting task' of merging agreements. The author identifies specific tools for clustering, such as the colocation of Conferences of Parties (COPs), joint financial incentives, and shared science assessment mechanisms. The paper categorizes existing agreements into five potential clusters: the Conservation Complex, the Global Atmosphere, the Hazardous Substances Complex, the Marine Environment Complex, and the Extractive Resources Complex, while also suggesting regional clustering for land-use and river basin issues. It concludes that the success of this process depends on the identification of national 'champions' to lead negotiations.
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Document type: Research paper
Connecting Weapons With Violence: The South American Experience
The document outlines the Towards Collaborative Peace (TCP) project, which examines how the proliferation of small arms and light weapons fuels a 'culture of violence' and undermines democratization in Southern Africa. The project employs a south-south comparative framework, contrasting trends in Southern Africa with those in South American Mercosur countries (Argentina, Brazil, Paraguay, and Uruguay). Through field research and a series of publications, the TCP project aims to identify the dynamics of illegal weapons flows and develop regional control mechanisms and local educational packages to mitigate violence.
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Document type: Research paper
Building on the Foundations of Integrated Water Resources Management
The policy brief emphasizes that water security is the primary medium through which climate change impacts will be felt in Africa, necessitating a cross-sectoral approach to development. It proposes using the existing foundations of Integrated Water Resources Management (IWRM) to mainstream climate resilience across sectors such as agriculture, energy, and sanitation. The document highlights that effective coordination requires leadership from central government 'apex' bodies, such as a Ministry of Finance, rather than relying on a single line ministry. It cites Zambia's Sixth National Development Planning (SNDP) process as an example where water and climate change adaptation were consolidated across multiple sector strategies.
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Document type: Policy brief
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
2014-05-30-fa27-unresolved-matters-for-wg2-b2f71f4b9934e3eb.pdf
This briefing document details the proceedings of a technical working group meeting on April 28, 2009, regarding unresolved air quality emission standards for various industrial categories. It records disputes and agreements between government representatives (DEAT, DEADP), industry bodies (SAISI, RMEF, FAPA, ACMP), and NGOs (LRC, Groundwork) over specific pollutant limits for NOx, SO2, particulate matter (PM), and heavy metals.
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Document type: Briefing