Browsing by Author "Thobile, Mthiyane A."
Now showing 1 - 1 of 1
Results Per Page
Sort Options
- ItemAn analysis of wetlands related policy and legislative framework : exploring policy interplay across environment, agriculture and water sectors in South Africa against the Ramsar Convention framework(Stellenbosch : Stellenbosch University, 2020-03) Thobile, Mthiyane A.; Donald, Megan E.; Stellenbosch University. Faculty of Economic and Management Sciences. School of Public Leadership.ENGLISH SUMMARY : Wetlands are multifaceted and dynamic ecosystems that offer essential services to both the environment and societies globally. South Africa has recognised this value by committing to the Convention on Wetlands of International Importance, especially as Waterfowl Habitat, also known as the Ramsar Convention and its principles of wise use of wetlands, amongst others, as a Contracting Party in 1975. In the present trajectory of declining wetland ecosystems, South Africa has honored its commitment to wetland protection, conservation and wise use by building a solid legal foundation. A variety of legal measures and instruments have been formulated to ensure the realization of the environmental right in the new democratic dispensation. However, the array of legislation governing wetland management has resulted in unintended fragmented approaches to wetland management which has weakened the effectiveness of the legal framework. This study explores the interplay across the environment, agriculture and water sectors by analyzing the South African wetland related policy and legislative framework, with a focus on the legal regime. Through employing a qualitative analysis and purposefully selecting nine national laws which have provisions relating to wetland management from the identified sectors, this study revealed that the South African legal regime which is relevant to wetlands generally supports the implementation of the selected Ramsar Convention measures. The study further revealed a strong cohesion in the national laws governing wetlands with respect to the legal protection and conservation of wetlands as can been seen on the objectives of the various legislation that were analysed. This cohesion in the national laws is also a result of environmental protection being one of the constitutional rights, which makes it a guaranteed right in South Africa. The thesis recommends a review of the national legislation to ensure a more coordinated approach across all sectors in the planning requirements, cooperative governance and inconsistent approaches to regulating declaration of different types of wetlands and related areas as protected areas. The study recommendations can be systematically implemented through the proposed national wetland policy that is being initiated in South Africa, once it is in place.