Constitutional and human-rights aspects of marine spatial planning
- Authors: Chasakara, Rachael Sharon
- Date: 2018
- Subjects: Human rights , Marine resources development -- Law and legislation Law of the sea
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/23470 , vital:30566
- Description: The importance of oceans cannot be overstated as they are vital for the environmental and economic well-being of South Africa. The state of South Africa’s ocean is on the decline due to increased human activities within its waters, which have caused devastation among marine resources that are limited in space, time and amount. These activities have caused elevated competition among ocean users resulting in undesirable effects such as loss of biodiversity. The challenge is not that these human activities are unregulated or unplanned, rather that there are planned and regulated on a sectoral basis by different sectors each with its own specific approach to the allocation and use of the ocean space. There is, therefore, a need for a holistic approach to ocean governance that views the ocean as a whole and not merely on a sectoral basis. The relatively new notion of Marine Spatial Planning (MSP) which establishes its authority in MSP instruments,1 has emerged as a comprehensive way to achieve this. This dissertation grapples with the questions surrounding whether the MSP instruments are consistent with the Constitution of the Republic of South Africa, 1996 (the Constitution). The dissertation departs by providing a background into the spatial jurisdiction of coastal states in the ocean space to clarify how far at sea South Africa can exercise its authority. This study concluded that even though the area of application claimed by the MSP Bill is consistent with the internationally prescribed territory of coastal states at sea, the MSP Bill should expressly state the different sovereign rights vested in coastal states by the United Nations Convention on the Law of the Sea, 1982 (‘the LOSC’) subject to the rights of other states in these waters. From here, the dissertation ventures into an analysis of which organs of state will be responsible for the development and implementation of MSP since it is an exercise of public power by the state. This part of the discussion involves inter alia an in-depth analysis of the separation of powers doctrine as far as planning matters are concerned. An essential premise is that MSP regulation requires all spheres of government to cooperate with each other. It is proposed that the MSP Bill should 1 The MSP Bill, GN 347 in GG 39847 of 2016-03-24 and the National MSP Framework for South Africa, GN 936 in GG 40219 of 2016-08-19. provide how these spheres of government should work together for the successful implementation of MSP. This dissertation then proceeds to discuss the right to equality, the environmental right, and the right to freedom of trade, occupation and profession which could potentially be impacted by the implementation of MSP. It is submitted that in the implementation of MSP, the goal must be to achieve an appropriate balance amongst these competing rights. Finally, considering the above analysis and discussions this dissertation moves to propose recommendations on how the MSP instruments can be amended to give effect to the requirements of these rights. Generally, the findings of this research reflect the consistency of the MSP instruments with the Constitution. However, for MSP to be implemented constitutionally, the proposed recommendations must be adhered to.
- Full Text:
- Date Issued: 2018
- Authors: Chasakara, Rachael Sharon
- Date: 2018
- Subjects: Human rights , Marine resources development -- Law and legislation Law of the sea
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/23470 , vital:30566
- Description: The importance of oceans cannot be overstated as they are vital for the environmental and economic well-being of South Africa. The state of South Africa’s ocean is on the decline due to increased human activities within its waters, which have caused devastation among marine resources that are limited in space, time and amount. These activities have caused elevated competition among ocean users resulting in undesirable effects such as loss of biodiversity. The challenge is not that these human activities are unregulated or unplanned, rather that there are planned and regulated on a sectoral basis by different sectors each with its own specific approach to the allocation and use of the ocean space. There is, therefore, a need for a holistic approach to ocean governance that views the ocean as a whole and not merely on a sectoral basis. The relatively new notion of Marine Spatial Planning (MSP) which establishes its authority in MSP instruments,1 has emerged as a comprehensive way to achieve this. This dissertation grapples with the questions surrounding whether the MSP instruments are consistent with the Constitution of the Republic of South Africa, 1996 (the Constitution). The dissertation departs by providing a background into the spatial jurisdiction of coastal states in the ocean space to clarify how far at sea South Africa can exercise its authority. This study concluded that even though the area of application claimed by the MSP Bill is consistent with the internationally prescribed territory of coastal states at sea, the MSP Bill should expressly state the different sovereign rights vested in coastal states by the United Nations Convention on the Law of the Sea, 1982 (‘the LOSC’) subject to the rights of other states in these waters. From here, the dissertation ventures into an analysis of which organs of state will be responsible for the development and implementation of MSP since it is an exercise of public power by the state. This part of the discussion involves inter alia an in-depth analysis of the separation of powers doctrine as far as planning matters are concerned. An essential premise is that MSP regulation requires all spheres of government to cooperate with each other. It is proposed that the MSP Bill should 1 The MSP Bill, GN 347 in GG 39847 of 2016-03-24 and the National MSP Framework for South Africa, GN 936 in GG 40219 of 2016-08-19. provide how these spheres of government should work together for the successful implementation of MSP. This dissertation then proceeds to discuss the right to equality, the environmental right, and the right to freedom of trade, occupation and profession which could potentially be impacted by the implementation of MSP. It is submitted that in the implementation of MSP, the goal must be to achieve an appropriate balance amongst these competing rights. Finally, considering the above analysis and discussions this dissertation moves to propose recommendations on how the MSP instruments can be amended to give effect to the requirements of these rights. Generally, the findings of this research reflect the consistency of the MSP instruments with the Constitution. However, for MSP to be implemented constitutionally, the proposed recommendations must be adhered to.
- Full Text:
- Date Issued: 2018
Preventative measures implementation of occupational health and safety injuries at SABMiller
- Mahlinza, Zwelibandze Phillip
- Authors: Mahlinza, Zwelibandze Phillip
- Date: 2016
- Subjects: Industrial safety , Human rights workers
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/8392 , vital:26351
- Description: Purpose of study: The purpose of this study was to explore preventative measures in the implementation of occupational health and safety at SABMiller. Objective: The primary objective was to examine preventative measures in the implementation of occupational health and safety injuries at SABMiller. The study assessed the effectiveness of management strategies in the prevention of occupational health and safety injuries within SABMiller. Population and sample: The primary case is a beer manufacturing company in Rosslyn called SABMiller. The brewery operates in six different departments and each has a large staff population. Methodology: This study applied a mixed-method using a multiple case study design as an approach to the enquiry. Methods of data collection: Documents, questionnaires, and semi-structured interviews were be used to obtain data to answer the research questions. Process of analysis: Qualitative and quantitative themes were analysed in a matrix. The three data sources were triangulated to validate the findings. Benefits of the study: Injury prevention benefits the employer and employee in many ways, including increased employee performance leading to increased productivity as well as cost savings. Main findings: Injuries that were reported were mostly musculoskeletal injuries and are mainly caused by human error. Most injuries that were reported are caused by contractors. Health and safety training and knowledge sharing was not well supported and injury prevention strategies were not optimised. Poor quality incident investigation, contractor injuries, lack of funding on safety projects, slow progress on loop closer and induction procedure not followed were the five main challenges to injury prevention management systems. Conclusions: The implementation of an effective injury measurement implementation programme could benefit the organisation and translate into increased operational value (organisational quality).
- Full Text:
- Date Issued: 2016
- Authors: Mahlinza, Zwelibandze Phillip
- Date: 2016
- Subjects: Industrial safety , Human rights workers
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/8392 , vital:26351
- Description: Purpose of study: The purpose of this study was to explore preventative measures in the implementation of occupational health and safety at SABMiller. Objective: The primary objective was to examine preventative measures in the implementation of occupational health and safety injuries at SABMiller. The study assessed the effectiveness of management strategies in the prevention of occupational health and safety injuries within SABMiller. Population and sample: The primary case is a beer manufacturing company in Rosslyn called SABMiller. The brewery operates in six different departments and each has a large staff population. Methodology: This study applied a mixed-method using a multiple case study design as an approach to the enquiry. Methods of data collection: Documents, questionnaires, and semi-structured interviews were be used to obtain data to answer the research questions. Process of analysis: Qualitative and quantitative themes were analysed in a matrix. The three data sources were triangulated to validate the findings. Benefits of the study: Injury prevention benefits the employer and employee in many ways, including increased employee performance leading to increased productivity as well as cost savings. Main findings: Injuries that were reported were mostly musculoskeletal injuries and are mainly caused by human error. Most injuries that were reported are caused by contractors. Health and safety training and knowledge sharing was not well supported and injury prevention strategies were not optimised. Poor quality incident investigation, contractor injuries, lack of funding on safety projects, slow progress on loop closer and induction procedure not followed were the five main challenges to injury prevention management systems. Conclusions: The implementation of an effective injury measurement implementation programme could benefit the organisation and translate into increased operational value (organisational quality).
- Full Text:
- Date Issued: 2016
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