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All Journal JOURNAL OF WETLANDS ENVIRONMENTAL MANAGEMENT
Bramley Jemain Lemine
Cape Peninsula University of Technology
Agriculture, Biological Sciences & Forestry Chemical Engineering, Chemistry & Bioengineering Earth & Planetary Sciences Engineering Environmental Science

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“Do We Care Enough?”- A Critical Analysis of the Legal Duty of Care Contained in the National Environmental Management Act and Its Application to Wetland Restoration Bramley Jemain Lemine
Journal of Wetlands Environmental Management Vol 11, No 1: January - June, 2023
Publisher : Center for Journal Management and Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.434 KB) | DOI: 10.20527/jwem.v11i1.363

Abstract

 AbstractSouth African wetlands are disappearing at a rapid rate. Considering the vital functions they provide, they require optimal protection and, where appropriate, restoration. In line with protecting and restoring the environment, section 28 of South Africa’s National Environmental Management Act 107/1998 (NEMA) makes provision for the duty of care and remediation of environmental damage (DOC). This enforceable duty rests upon every person (natural and juristic) to, amongst others, prevent pollution or degradation of the environment or to stop, minimise, and rectify such pollution or degradation by taking certain measures. For wetlands, this duty is bound to the idea of 'ecological restoration’ (ER), which is defined as “the process of helping to recover an ecosystem that has been degraded, damaged or destroyed”. This paper, through the selected theoretical framework for ER, sets out the literature to provide the foundation for 1. the international obligation of restoration; and 2. a critical analysis of section 28 of NEMA through the selected ER framework for wetlands ecosystems. The research reveals the gaps in support of the argument that the DOC principle may lack in addressing the full embodiment of ER and providing the consequences of such failure. Thus, calling for the amendment of section 28 of NEMA (DOC) to include the appropriate provisions and the removal of superfluous and confusing provisions such as ‘significant’. However, there is scope for the improvement and development of ER for the 2024 proposed National Joint Wetland Management Policy..
An Analysis of the Fragmented Legal Regime Pertaining to Rehabilitation Measures for Wetlands: a South African Perspective Bramley Jemain Lemine; Chesné Albertus; Thokozani Kanyerere
Journal of Wetlands Environmental Management Vol 10, No 2 (2022): July-December, 2022
Publisher : Center for Journal Management and Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (308.564 KB) | DOI: 10.20527/jwem.v10i2.297

Abstract

We are losing wetlands three times faster than forests. Many efforts have been made to ensure its protection and conservation, including rehabilitation. Rehabilitation measures have been adopted in policies of various jurisdictions. In South Africa, however, these efforts are all over in pieces of different legislation (see Table 1). Paper 1 expressed the extent of the fragmentation through a situational analysis and the effect of such fragmentation. Recommendations were made to bolster rehabilitation provisions for inclusion in South Africa’s envisaged National Joint Wetlands Policy. This paper aimed to address two issues: 1. To learn lessons by focusing on three countries’ rehabilitation provisions and their method of inclusion; and 2. designing a rehabilitation goal and policy objectives that adequately fits South Africa’s system. The findings are that a SciProfPol objectives are required for wetlands rehabilitation due to the nature of South Africa’s legal system, and the lessons by other jurisdictions may not fully apply but find relevance, along with relevant adjustments.
Co-Authors Chesné Albertus Thokozani Kanyerere