Department of Mercantile Law

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Browsing Department of Mercantile Law by Subject "Acid mine drainage -- Environmental aspects -- South Africa"

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    Protection of freshwater resources from environmental degradation caused by acid mine drainage : a critical comparative analysis between the South African and German legal frameworks and judicial remedies
    (Stellenbosch : Stellenbosch University, 2020-12) Louw, Marianca; Ruppel, Oliver Christian, 1969-; Stellenbosch University. Faculty of Law. Dept. of Mercantile Law.
    ENGLISH ABSTRACT: Clean, safe, and adequate freshwater plays a fundamental role in the natural functioning of ecosystems, communities and economies. Mining is one of the developing industries which is leading to increased pollution, specifically water pollution. A major source of pollution in South Africa is acid mine drainage caused by the mining industry. Contaminated water pollutes soil and water supplies as it spreads underground and flows into streams and rivers. The flow of acid mine drainage into South Africa’s surface and groundwater systems has devastating consequences which are far-reaching and long-lasting. Despite its status as a developing country, South Africa is mainly industrial and rich in natural resources which have led to the mining industry becoming South Africa’s primary economic activity. The challenges that South Africa face regarding acid mine drainage include an increase in water demand due to urbanisation trends and economic development as well as a threat to surface water and groundwater quality. These challenges will only worsen due to climate change leading to water security. These realities necessitate the comprehensive review of the South African legislation that deal with mining and freshwater to determine whether and how these resources can be preserved. This dissertation will introduce the causes, consequences, and risks of acid mine drainage as well as the relevance of the constitutional rights related to water pollution caused by acid mine drainage. The environmental legislation, with an emphasis on water and mining law as well as joint initiatives that South Africa has taken to protect water resources, will be examined. The relevant legislation of the German legal framework will be evaluated in order to identify aspects applicable to a successful water quality protection framework which will assist in providing a criterion to investigate the effectiveness of South Africa’s legal framework and to establish the basis of the comparison. The dissertation will focus on judicial remedies to protect freshwater resources from environmental degradation caused by acid mine drainage. The two dimensions that emerge are existing acid mine drainage which may have resulted from years from abandoned mines and which necessitates judicial remedies and redress today and future threats by current active mines which link up with judicial remedies to prevent further damage. This dissertation will assess whether the current legal framework is adequate to protect freshwater resources from acid mine drainage in South Africa. Potential gaps will be identified, and possible solutions and recommendations will be formulated.