A critical analysis of the legal frameworks governing oil spill management in South Africa

PurposeTraditionally, management of disasters, particularly those emanating from environmental hazards, have been reactive with efforts focussed on technical response issues. Drawing from incident command system (ICS) theory, this paper proposes a conceptual model for managing marine oil spills in South Africa.Design/methodology/approachA qualitative biased sequential mixed-based research method was applied for this study. The technical processes undertaken in instituting a incident management system (IMS) for marine oil spills through Operation Phakisa Oil and Gas initiative were observed from November 2016 to November 2019. Preliminary findings were subsequently explored quantitatively in 54 semi-structured questionnaires conducted with experts in the marine pollution environment.FindingsFindings presented in this paper demonstrate an integrative coordination continuum with a stringent focus on coherent multi-stakeholders' incident management collaborations. Qualitative findings stipulated limitations to the efficient application of oil spill risk minimisation policies, especially in the provincial and local spheres of government. Quantitative findings established that some local municipalities have mainstreamed and have budgets for inter-organisational planning and preparedness. Regardless, several informants continue to perceive disaster risk management and offshore-related activities as “unfunded mandates”, especially where response operation and sustainable rehabilitation programmes are concerned.Originality/valueIn integrating the organisational theory and the incident command tools, the value of this study dwells in recommending a conceptual model that mainstreams inter- and intra-organisational planning, preparedness and response to the marine oil spill risk. The model is valuable because it focusses beyond the traditional emergency response tool but is fundamental in effecting adherence to reporting lines, performance standards and information integration.

In most developing countries, the huge amount of unmanaged municipal solid wastes and the inefficiency of the current waste management system have resulted in an unprecedented detrimental effect on human health and the quality of the environment. The drive towards sustainability in solid waste management in South Africa has led to the promulgation of several legislations and policies directed towards increased efficiency of solid waste management strategies. However, despite the progress in South Africa’s waste management systems over the years, it still faces several challenges and shortcomings. To achieve sustainable development through the transition from a linear economic model to a circular economy, there is a need to revamp the waste management sector. This study presents a survey of the key physical elements of integrated waste management in South Africa. The study further discusses the challenges, with a major emphasis on the future directions of integrated waste management. Waste management decisions are data-driven decisions. This study identifies the lack of accurate and reliable waste-related data as one of the major factors that impede the fast-track growth towards sustainable waste management in South Africa. A data-mining approach that emphasises intelligent modeling of waste management systems is recommended to support the national waste database, which will aid waste management decisions and optimise waste management facilities and investments. Multi-sector intervention and involvement are required to stimulate sustainable development in waste management in South Africa.

This article discusses the evolution and effectiveness of flood disaster management policies in post-apartheid South Africa amid climate change challenges and rapid urbanisation. Utilising various research methods, it charts a shift from reactive to proactive risk reduction strategies since 1994, citing key milestones like the Green Paper and White Paper process on Disaster Management in 1998 and 1999, respectively. It also discusses the genesis and culmination of the country’s game changing Disaster Management Act, 2002 (Act 57 of 2002), its active participation in the international and African treaties and agreements, and, more importantly, the subsequent reforms targeting increased community resilience. While noting significant progress made over the years, certain difficulties still persist such as policy implementation gaps, funding constraints, and coordination problems. Although R1 billion was released as emergency relief following the April 2022 floods, bottom-up estimates indicate that at least R4.5 billion per year is required to upgrade high-risk municipalities’ stormwater and drainage infrastructure; current allocations meet less than half of this need. This analysis aims at informing future decisions with the intent to bolster a resilient disaster management framework throughout South Africa. To enhance flood disaster management in South Africa, the market participants must strengthen the implementation frameworks that would ensure that distinct roles are assigned and accountability is implemented. In addition to increasing funding in the area of disaster risk reduction (DRR), they must ensure that considerable efforts are invested in building robust monitoring and evaluation systems.

In this article, an overview of the status of coastal zone management (CZM) in South Africa is presented. Firstly, it provides background to the development of various initiatives to promote sustainable use of coastal resources within the context of sociopolitical changes in South Africa. Thereafter, it examines the progress made with respect to key attributes underpinning most CZM programs. Finally, it identifies obstacles to achieving effective CZM in South Africa and makes recommendations to address these shortcomings. The review reveals that whilst considerable progress has been made in certain areas of program development, such as resource conservation and pollution control, there are several gaps and inadequacies within existing efforts. These include the absence of a clear policy to guide efforts, lack of coordination amongst government departments involved in CZM, as well as inadequacies in our legal and administrative system. The promulgation of a Coastal Zone Management Act and the esta...

This article traces the history of integrated water resources management (IWRM) in South Africa since the 1970s. It examines IWRM according to its three common pillars, which are also reflected in South Africa's National Water Act: economic efficiency, environmental sustainability, and equity. The article highlights how the principles of economic efficiency and the environment as a user in its own right emerged under apartheid, while equity was only included in the post-1994 water policies, with evolving influence on the other two principles. In 2013, the Department of Water Affairs overcame the widely documented flaws of IWRM by adopting developmental water management as its water resource management approach, aligning with the political and socio-economic goals of South Africa's democratic developmental state.

I examine three main issues, which are directly linked to school management developments in South Africa since 1994: school leadership and management; professionalisation of principalship through the South African Standard for School Leadership (SASSL); and leading and managing the learning school. In exploring these issues I draw mainly on a systematic and comprehensive literature review of school leadership, management, and governance, commissioned by the Matthew Goniwe School of Leadership and Governance (MGSLG). The aim of the desk research was to establish 'what is known' and 'what still needs to be known' about educational leadership, management, and governance in South Africa. I also draw upon the work of the Education Management Task Team (EMTT), commissioned by the Directorate of Education Management and Governance Development in the National Department of Education. Their work drew upon the South African Schools Act (SASA) and, specifically, the recommendations of the Ministerial Task Team on Educational Management. The EMTT brief was to develop a policy framework for school leadership and management development, training and implementation, and to devise a South African Standard for School Leadership which would inform professional educational leadership programmes, leading to a National Professional Qualification for Principalship (SANPQP). The SASSL would provide a clear role description for principals, set out what is required of principals, and identify key areas of principalship.

THE INTERNATIONAL LAW REGARDING SHIP-SOURCE POLLUTION LIABILITY AND COMPENSATION: EVOLUTION AND CURRENT CHALLENGES

Economic instruments for solid waste management in South Africa: Opportunities and constraints

This article explores the impact of the shift towards neoliberalism on environmental management in post-1994 South Africa. The adoption of ecological modernisation as a policy strategy for sustainable development is examined, focusing on the reliance on market mechanisms. However, a lack of balance between the environment, society, and the economy is observed, as socio-economic and environmental concerns are often compromised for economic growth concerns. The resulting technocratic and bureaucratic approach to environmental governance is thus disconnected from the realities on the ground, indicating weak ecological modernisation. This study specifically assesses the implementation of ecological modernisation in waste management initiatives and emphasises the importance of policy implementation. The findings underscore the need for greater attention to policy imperatives to achieve a more effective, just and sustainable approach to waste management in South Africa.

Addressing global challenges of inequitable and unsustainable natural resource management is imperative. South African water management serves as a critical case study allowing for the deep exploration of the intricate complexities surrounding these issues. South Africa's apartheid era witnessed inequitable water distribution and, despite the efforts made through the post-apartheid National Water Act of 1998 to prioritise equity and sustainability, challenges still persist in its implementation. This review aims to bridge knowledge gaps in sustainable water management in South Africa, focusing on environmental justice and sustainable development within the framework of the three pillars of sustainability. Through a systematic literature review of 57 scientific papers published in the Web of Science database between 1995 and 2021 this study aims to provide a comprehensive examination of the complex dynamics shaping water management in South Africa. Major themes, challenges, and solutions in sustainable water management are identified, emphasising the importance of stakeholder interactions, insufficient collaboration, and a lack of capacity building. The study also explores water policy implementation, environmental impacts of business, particularly in agriculture and mining, and the management of freshwater sources and their overexploitation. Economically, the mining industry's role and associated challenges such as acid mine drainage and water use competition are assessed. The Water-Energy-Food Nexus's influence on water management, water pricing efficiency, user willingness to pay, and the potential of decentralised systems and corporate social responsibility are also explored. With South Africa facing urgent challenges of water scarcity and resource management, integrated approaches that consider environmental, social, and economic dimensions, alongside robust multi-stakeholder collaboration, are essential. This review offers valuable insights for policymakers, water managers, and researchers working toward a sustainable water future in South Africa.

Complexities with extractive industries regulation on the African continent: What has ‘best practice’ legislation delivered in South Africa?

Reflections on BDS

T | 1HE South African Government's mandate in South West Africa has been a subject of discussion at the United Nations for twelve years, and the International Court of Justice has pronounced three advisory opinions about it. Now Britain, the United States, and Brazil have agreed to form a Good Offices Committee I to try, with South Africa, to find a formula agreeable to all concerned that will accord 'international status' to South West Africa. Behind all the political and legal dispute lies a long history, in which Western standards of international law and justice have been put to the test. The tribes of South West Africa, some 330,000 people, live in a land about the size of France. The Herero, Nama, Berg Damara, and Bushmen who once inhabited the southern part of the country are today either living in eight separate reservations, requiring passes to go from one to another, or are segregated in 'locations' in towns. Their menfolk work on the white man's farms and in his mines. It has been so with them for many years. The African inhabitants of South West Africa have experienced both the harshness of German rule and the severity of the South African administration's segregation policies. Their story illustrates the growth of the concept of accountability to an international authority in a period which has seen two World Wars, the birth and defeat of Nazism in Germany, and the rise of Communism in one of the great underdeveloped countries and its spread through a large part of Eastern Asia and Europe. The fate of all these peoples is, humanly speaking, in the hands of the United Nations. For twelve successive years a member State, South Africa, has refused to submit a Trusteeship Agreement for the administration of this territory under the United Nations, as all other nations have done which held a territorial Mandate under the League of Nations. The issue is not merely a legal one. It is no mere abstract point of law whether South Africa has an obligation under the Mandates Treaty of the League or under the Charter of the United Nations. Whether the League Mandate 1 The Good Offices Committee established by the United Nations at its Twelfth Session (A/RES/i I43 of 25 October I957) consists of the following representatives, appointed by the Governments of the United Kingdom, the United States, and Brazil: U.K.: Sir Charles Arden-Clarke, formerly Resident Commissioner in Bechuanaland and first Governor General of Ghana; U.S.A.: Mr Walter N. Walmsley, Deputy Assistant Secretary of State, Bureau of International Organization Affairs, State Department; Brazil: Sr Vasco T. Leitao do Cunha, Ambassador to Cuba. 3I8

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.

An analysis of policy and legal framework on wetland conservation and management in South Africa