Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes

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dc.contributor.advisorPaterson Alexanderen_ZA
dc.contributor.authorHugo, Robyn Elizabethen_ZA
dc.date.accessioned2015-05-26T14:10:47Z
dc.date.available2015-05-26T14:10:47Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractSouth 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.en_ZA
dc.identifier.apacitationHugo, R. E. (2014). <i>Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law. Retrieved from http://hdl.handle.net/11427/12859en_ZA
dc.identifier.chicagocitationHugo, Robyn Elizabeth. <i>"Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2014. http://hdl.handle.net/11427/12859en_ZA
dc.identifier.citationHugo, R. 2014. Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Hugo, Robyn Elizabeth AB - 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. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes TI - Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes UR - http://hdl.handle.net/11427/12859 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/12859
dc.identifier.vancouvercitationHugo RE. Administrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woes. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12859en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Marine and Environmental Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherEnvironmental Lawen_ZA
dc.titleAdministrative penalties as a tool for resolving South Africa’s environmental compliance and enforcement woesen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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