Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes
Includes bibliographical references.
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Institute of Marine and Environmental Law
2015
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613602919219200 |
|---|---|
| access_status_str | Open Access |
| author | Hugo, Robyn Elizabeth |
| author2 | Paterson Alexander |
| author_browse | Hugo, Robyn Elizabeth Paterson Alexander |
| author_facet | Paterson Alexander Hugo, Robyn Elizabeth |
| author_sort | Hugo, Robyn Elizabeth |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12859 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:38:46.075Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Institute of Marine and Environmental Law |
| publisherStr | Institute of Marine and Environmental Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12859 Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes Hugo, Robyn Elizabeth Paterson Alexander Environmental Law Includes bibliographical references. South Africa’s environmental resources are in serious decline, despite the constitutional environmental right, and multiple environmental protection laws. A predominant reason for this is that the criminal sanction is the default method of environmental enforcement. Even if prosecutors succeed in proving guilt beyond reasonable doubt, the fines imposed are too low to deter environmental violations. This dissertation proposes the introduction of an administrative penalty system into SA environmental law, as this system has had positive compliance impacts in numerous jurisdictions. Administrative penalties in the Netherlands and United Kingdom (the roots of SA’s civil and common law systems, respectively) are evaluated to identify best practices for administrative penalties. In SA’s environmental regime, there is an ‘administrative fine’ contained in section 24G of the National Environmental Management Act 107 of 1998. This is not a true administrative penalty, nor does it comply with the recommended best practices. Section 24G should either be deleted or substantially improved to meet its obligation of protecting the environment. Given the significant potential of administrative penalties to improve environmental compliance and enforcement, practical suggestions are made regarding their introduction into SA environmental law as a means to halt the current widespread non-compliance with environmental legislation. 2015-05-26T14:10:47Z 2015-05-26T14:10:47Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/12859 eng application/pdf Institute of Marine and Environmental Law Faculty of Law University of Cape Town |
| spellingShingle | Environmental Law Hugo, Robyn Elizabeth Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes |
| thesis_degree_str | Master's |
| title | Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes |
| title_full | Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes |
| title_fullStr | Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes |
| title_full_unstemmed | Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes |
| title_short | Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes |
| title_sort | administrative penalties as a tool for resolving south africa s environmental compliance and enforcement woes |
| topic | Environmental Law |
| url | http://hdl.handle.net/11427/12859 |
| work_keys_str_mv | AT hugorobynelizabeth administrativepenaltiesasatoolforresolvingsouthafricasenvironmentalcomplianceandenforcementwoes |