Theses and Dissertations

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Browsing Theses and Dissertations by Subject "344.04668"

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    A Human Rights Framework Analysis of Climate Change Adaptation Policies and Laws in South Africa and Nigeria
    (2026-05-19) Ramabaga, Thuso
    Climate change continues to exacerbate human rights vulnerabilities worldwide, including in Africa, with South Africa and Nigeria, despite having minimal historical emissions, experiencing intensifying floods, droughts, heatwaves, and environmental degradation that threaten rights to life, health, water, food, housing, and equality. Although both states have adopted climate adaptation policies and legislation, it remains unclear whether these instruments genuinely integrate the human rights principles and standards necessary to confront these escalating risks. This study engages with international human rights instruments to develop a human rights framework for climate adaptation, grounded in universality, equality, participation, accountability, and the substantive protection of rights affected by climate change. Using a doctrinal and comparative approach, the study demonstrates through its analysis that existing adaptation policies and legislation on adaptation provide only superficial and fragmented recognition of human rights, lacking the normative clarity and operational depth required to safeguard vulnerable populations. Consequently, rights protection is weakened, climate-induced threats are magnified, and the absence of explicit human rights anchoring generates heightened risks of state inaction and maladaptation. The study argues that climate adaptation, with a focus on human rights, must be pursued to achieve adaptation objectives. As shown, several constitutional values, including the Justiciability of socio-economic rights, may provide a coherent framework for implementing rights-based climate adaptation. In particular, while there are mutual lessons to be learnt, South Africa's well-grounded constitutional framework, anchored in justiciable socio-economic rights, environmental protection, and access to justice, offers an instructive model for Nigeria in strengthening its adaptation governance.
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    The Constitutionality of Ex Post Facto Authorisation for Environmentally Harmful Activities in South Africa
    (2025-05-16) Mathivha, Evidence; Jegede, A. O.
    Environmental activities that have been listed as harmful under the National Environmental Management Act (NEMA) must be authorised prior to commencement in South Africa. The process of authorisation (EA) requires an Environmental Impact Assessment (EIA) to be commissioned before a listed activity could commence on the environment. Failure to commission EIA and obtain EA constitutes an offence under NEMA. Despite being an offence, section 24G of NEMA permits EA to be obtained ex post facto, subject to payment of an administrative fine. Scholarship shows that ex post facto EA undermines the EIA process and the preventative, precautionary and integrated environmental management principles under section 2 of NEMA. Other writings posit that the ex post facto EA legitimizes the pursuit of critical projects for economic development, even if they are harmful. Considering that both the pursuit of environmental protection, which the EIA seeks to achieve, and the realization of economic development, which the ex post facto EA seeks to validate, are both constitutionally entrenched in South Africa, the position of ex post facto EA raises a tension that requires a constitutional enquiry in light of section 24 and section 33 of the Constitution. Through doctrinal research and comparative methodology, this study interrogates ex post facto EA in the context of constitutionally entrenched values, such as environmental protection, sustainable and socio-economic development, and just administrative action, to establish whether the process is constitutional. It further explores good practices in other legal systems, especially, India and the United Kingdom, in relation to ex post facto EA. The study suggests that these legal systems employ the process of ex-post facto EA only in exceptional cases, to strike a balance between environmental protection and economic development. The study recommends that ex post facto EA should generally be prohibited in South Africa and only be granted in exceptional circumstances wherein the developers will bear the onus to prove the exceptionality of their unlawfully commenced projects to ensure that there is accountability and transparency of the process.