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Land restitution through the lens of environmental law: some comments on the South African vista
Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well ...
Improving unsustainable environmental governance in South Africa: the case for holistic governance
Environmental law in South Africa has developed in a rapid fashion since the inception of the new constitutional dispensation in 1994. This development is evident from, inter alia, the constitutionalisation of the environmental ...
Ex post facto authorisation in South African environmental assessment legislation: a critical review
One of the fundamental tenets underlying environmental assessment both internationally and in South Africa is that it is anticipatory in nature in that it is essentially an evaluation of the effects likely to arise from a ...
Clearing a path towards effective alien invasive control: the legal conundrum
Alien invasive plants pose significant ecological, social and economic challenges for South Africa. These species threaten South Africa’s rich biodiversity, deplete our scarce water resources, reduce the agricultural ...
Sustainable development and the nature of environmental legal principles
In this article, “things” lawyers call “principles” of environmental law will be discussed from a theoretical perspective. Three fundamental questions are answered: 1. Where does the high moral value that is usually ...