Abstract
Environmental management and compliance have been at the centre of attention in South Africa over the last decade. This has been brought about by an international drive toward a more sustainable future. This study will look at environmental compliance in South Africa using the mining industry as a specific case study. The case study will use mining as an example because of the vast amount of damage it causes to land, water and air around us which in turn affects the communities within these areas. Mining companies appear to be environmentally compliant; however, a thorough examination reveals that many of these companies have in fact committed serious breaches of environmental laws. This study will address two questions; the first being why so many companies remain noncompliant despite South Africa having the necessary laws in place. In order to answer this question, it will be important to fully understand the current environmental legislation in South Africa. Companies and in particular, the mining industry have to ensure that their activities are compliant with these laws and best practice requirements. A subsidiary research question addressed in this doctorate will be whether the present enforcement mechanisms are sufficient in order to achieve sustainable development of the environment. This will be significant, especially when taking the outcomes of the comparative study into account, in order to evaluate South Africa’s position pertaining to environmental compliance in comparison with the jurisdictions under review with a view to suggest necessary reforms in South Africa.
LL.D. (Public Law)