Operational manifestations of institutional dysfunction in post-apartheid South Africa

Water Policy ◽  
2016 ◽  
Vol 18 (4) ◽  
pp. 998-1014 ◽  
Author(s):  
Jai K. Clifford-Holmes ◽  
Carolyn G. Palmer ◽  
Chris J. de Wet ◽  
Jill H. Slinger
Keyword(s):  
South Africa ◽  
Water Resource Management ◽  
Law Reform ◽  
Reform Process ◽  
Eastern Cape ◽  
Transdisciplinary Approach ◽  
Fine Grained ◽  
The Republic ◽  
Effective Water

At the centre of the water law reform process initiated by the first democratic government of the Republic of South Africa (RSA) lay the challenge of transforming away from apartheid water injustices. Reform culminated in the promulgation of new legislation, regarded internationally as ambitious and forward-thinking legislation reflective of the broad aims of integrated water resource management (IWRM). However, implementation of this legislation has been challenging. This paper analyses institutional dysfunction in water management in the Sundays River Valley Municipality (Eastern Cape Province, RSA). A transdisciplinary approach is taken in addressing the failure of national law and policy to enable the delivery of effective water services in post-apartheid RSA. A case study is used to explore interventions to promote effective water supply, locating these interventions and policies within the legislative structures and frameworks governing the water sector. We suggest that fine-grained institutional analysis together with learning from persistent iterative, adaptive practice, with principled goals intact, offers a pragmatic and achievable alternative to grand-scale policy change.

Thinking about offender social reintegration: A case study of one NGO programme in the Eastern Cape Province of South Africa

2021 ◽  
pp. 002087282096742
Author(s):  
Emmison Muleya
Keyword(s):  
South Africa ◽  
Crime Prevention ◽  
The Body ◽  
Eastern Cape Province ◽  
Eastern Cape ◽  
Social Reintegration ◽  
Body Of Knowledge ◽  
Former Offenders ◽  
Offender Reintegration

Successful social reintegration is critical if we are to reduce recidivism and crime in general. This voice of people article presents a background case for why effective offender reintegration services are key in South Africa, and the Eastern Cape in particular, through an example of the Offender Reintegration programme rendered by the National Institute of Crime Prevention and Reintegration of Offenders (NICRO). Apart from the paucity of literature on offender reintegration, very few voices from people working directly with these former offenders are ever heard. Therefore, this article seeks to address this gap by contributing to the body of knowledge on offender social reintegration.

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.

Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018

2020 ◽  
Vol 26 ◽  
pp. 134-160
Author(s):  
Alexander Paterson
Keyword(s):  
South Africa ◽  
Natural Resources ◽  
Protected Area ◽  
Marine Protected Area ◽  
Customary Law ◽  
Constitutional Court ◽  
Eastern Cape ◽  
Customary Rights ◽  
The Republic ◽  
Law And Legislation

The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to natural resources may arise, as evidenced in the case of Mr Gongqose, who along with several other community members were caught fishing in the Dwesa-Cwebe Marine Protected Area situated off the Eastern Cape coastline. Notwithstanding their claims to be exercising their customary rights to fish in the area, they were convicted in the Magistrate’s Court for certain offences in terms of the Marine Living Resources Act (1998), under which the marine protected area had been established. Their appeal to the High Court proved unsuccessful and the Supreme Court of Appeal was tasked with considering the relationship between their customary rights to fish and legislation purportedly extinguishing these rights. The SCA’s judgment in Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (2018) is the first of its kind in South Africa to consider the extinguishment of customary rights to access and use natural resources through post-constitutional legislation. This note critically considers the guidance the SCA provided on proving the existence of customary rights to access and use natural resources, and the manner in which they may be extinguished through legislation. While the focus is on marine living resources, the lessons emerging from this case are relevant to other natural resource sectors.

scholarly journals Exploring Farmers’ Management Practices and Values of Ecosystem Services in an Agroecosystem Context—A Case Study from the Eastern Cape, South Africa

2019 ◽  
Vol 11 (23) ◽  
pp. 6567 ◽  
Author(s):  
Dennis Junior Choruma ◽  
Oghenekaro Nelson Odume
Keyword(s):  
South Africa ◽  
Ecosystem Services ◽  
Food Production ◽  
Management Practices ◽  
Crop Yields ◽  
Management Strategies ◽  
Agricultural Management ◽  
Eastern Cape ◽  
Provisioning Ecosystem Services

Globally, farmers remain the key ecosystem managers responsible for increasing food production while simultaneously reducing the associated negative environmental impacts. However, research investigating how farmers’ agricultural management practices are influenced by the values they assign to ecosystem services is scarce in South Africa. To address this gap, a survey of farmers’ agricultural management practices and the values they assigned towards ecosystem services was conducted in the Eastern Cape, South Africa. Results from the survey show that farmers assign a high value on food provisioning ecosystem services compared to other ecosystem services. Irrigation and fertiliser decisions were mostly based on achieving maximum crop yields or good crop quality. The majority of farmers (86%) indicated a willingness to receive payments for ecosystem services (PES) to manage their farms in a more ecosystems-oriented manner. To encourage farmers to shift from managing ecosystems for single ecosystem services such as food provision to managing ecosystems for multiple ecosystem services, market-oriented plans such as PES may be employed. Effective measures for sustainable intensification of food production will depend on the inclusion of farmers in the development of land management strategies and practices as well as increasing farmers’ awareness and knowledge of the ecosystem services concept.

scholarly journals Grain size statistics and depositional pattern of the Ecca Group sandstones, Karoo Supergroup in the Eastern Cape Province, South Africa

2017 ◽  
Vol 9 (1) ◽  
Author(s):  
Christopher Baiyegunhi ◽  
Kuiwu Liu ◽  
Oswald Gwavava
Keyword(s):  
South Africa ◽  
Grain Size ◽  
Depositional Environments ◽  
Energy Conditions ◽  
Grain Size Analysis ◽  
Size Analysis ◽  
Equal Proportion ◽  
Eastern Cape Province ◽  
Eastern Cape ◽  
Fine Grained

AbstractGrain size analysis is a vital sedimentological tool used to unravel the hydrodynamic conditions, mode of transportation and deposition of detrital sediments. In this study, detailed grain-size analysis was carried out on thirty-five sandstone samples from the Ecca Group in the Eastern Cape Province of South Africa. Grain-size statistical parameters, bivariate analysis, linear discriminate functions, Passega diagrams and log-probability curves were used to reveal the depositional processes, sedimentation mechanisms, hydrodynamic energy conditions and to discriminate different depositional environments. The grain-size parameters show that most of the sandstones are very fine to fine grained, moderately well sorted, mostly near-symmetrical and mesokurtic in nature. The abundance of very fine to fine grained sandstones indicate the dominance of low energy environment. The bivariate plots show that the samples are mostly grouped, except for the Prince Albert samples that show scattered trend, which is due to the either mixture of two modes in equal proportion in bimodal sediments or good sorting in unimodal sediments. The linear discriminant function analysis is dominantly indicative of turbidity current deposits under shallow marine environments for samples from the Prince Albert, Collingham and Ripon Formations, while those samples from the Fort Brown Formation are lacustrine or deltaic deposits. The C-M plots indicated that the sediments were deposited mainly by suspension and saltation, and graded suspension. Visher diagrams show that saltation is the major process of transportation, followed by suspension.

Demonstrating the effectiveness of social franchising principles: the emptying of household ventilated improved pits: a case study from South Africa

2013 ◽  
Vol 3 (4) ◽  
pp. 623-628 ◽  
Author(s):  
K. Wall ◽  
O. Ive ◽  
J. Bhagwan ◽  
F. Kirwan ◽  
W. Birkholtz ◽  
...  
Keyword(s):  
South Africa ◽  
Disposal Site ◽  
Eastern Cape ◽  
Home Base ◽  
Work Site ◽  
Social Franchising ◽  
Partnership Model ◽  
Specialized Equipment ◽  
The Impact

Having viewed the successful social franchising partnerships pilot programme that serviced sanitation facilities at 400 schools in the Butterworth District of the Eastern Cape of South Africa, the Amathole District Municipality (ADM) expressed interest in exploring how well the partnership model could empty household pit latrines in its jurisdiction. The impact and effectiveness of the model was demonstrated by the emptying, by five franchisees over a period of only six weeks, of the contents of 400 household ventilated improved pit latrines in Govan Mbeki Village, and the safe disposal of their content. The paper describes the methods and results in removal and disposal of faecal sludge. Problems were encountered, and the solutions (technical, institutional and social) are described. Not unexpectedly, the amount of effort involved in this work – including time, training required, equipment required and ingenuity – varied enormously. The main variables included the type of top structure, the nature of the pit contents, whether or not there was broad consistency of type and contents in an area, distances (between pits, from home base to work site, from pits to disposal site, from location of specialized equipment to work site), logistical delays (e.g. non-arrival of equipment) and bureaucratic hold-ups (especially payment delays).

Sign in / Sign up

Export Citation Format

Share Document