An analysis of litigation strategies for the attainment of water justice in South Africa
| dc.contributor.advisor | Feris, Loretta | |
| dc.contributor.author | Mapitsa, Cosmo Pahlahle | |
| dc.date.accessioned | 2019-02-22T12:10:49Z | |
| dc.date.available | 2019-02-22T12:10:49Z | |
| dc.date.issued | 2018 | |
| dc.date.updated | 2019-02-19T06:35:27Z | |
| dc.description.abstract | Jurisprudence on water justice is fractured, and this dissertation explores a range of causal factors for the way it has developed. Firstly, water justice is defined as a concept, and it is argued that the concept remains weakly theorised, with discussion on the reasons some components are better reflected in law than others. Then, the process of litigation as a means of obtaining water justice is explained within the context of other strategies for seeking justice. Finally, the development of jurisprudence is analysed using the components of water justice outlined in the study. The research found that some components of water justice are more prominent in jurisprudence than others. Interviews with litigators explained a range of causal reasons for this, including a need for communities to have access to water in a timely manner, and a need by courts to have cases that are clear; based on sound and available evidence. Building jurisprudence requires incremental change, and litigators face a variety of priorities informing their strategies. Furthermore, while litigation plays an important role in attaining water justice, it is most effective in combination with other approaches. This study asserts that there is significant scope for a diversity of interested parties to collaborate and build integrated approaches to attaining water justice. | |
| dc.identifier.apacitation | Mapitsa, C. P. (2018). <i>An analysis of litigation strategies for the attainment of water justice in South Africa</i>. (). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/29792 | en_ZA |
| dc.identifier.chicagocitation | Mapitsa, Cosmo Pahlahle. <i>"An analysis of litigation strategies for the attainment of water justice in South Africa."</i> ., University of Cape Town ,Faculty of Law ,Department of Public Law, 2018. http://hdl.handle.net/11427/29792 | en_ZA |
| dc.identifier.citation | Mapitsa, C. 2018. An analysis of litigation strategies for the attainment of water justice in South Africa. University of Cape Town. | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Mapitsa, Cosmo Pahlahle AB - Jurisprudence on water justice is fractured, and this dissertation explores a range of causal factors for the way it has developed. Firstly, water justice is defined as a concept, and it is argued that the concept remains weakly theorised, with discussion on the reasons some components are better reflected in law than others. Then, the process of litigation as a means of obtaining water justice is explained within the context of other strategies for seeking justice. Finally, the development of jurisprudence is analysed using the components of water justice outlined in the study. The research found that some components of water justice are more prominent in jurisprudence than others. Interviews with litigators explained a range of causal reasons for this, including a need for communities to have access to water in a timely manner, and a need by courts to have cases that are clear; based on sound and available evidence. Building jurisprudence requires incremental change, and litigators face a variety of priorities informing their strategies. Furthermore, while litigation plays an important role in attaining water justice, it is most effective in combination with other approaches. This study asserts that there is significant scope for a diversity of interested parties to collaborate and build integrated approaches to attaining water justice. DA - 2018 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2018 T1 - An analysis of litigation strategies for the attainment of water justice in South Africa TI - An analysis of litigation strategies for the attainment of water justice in South Africa UR - http://hdl.handle.net/11427/29792 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/29792 | |
| dc.identifier.vancouvercitation | Mapitsa CP. An analysis of litigation strategies for the attainment of water justice in South Africa. []. University of Cape Town ,Faculty of Law ,Department of Public Law, 2018 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/29792 | en_ZA |
| dc.language.iso | eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.publisher.institution | University of Cape Town | |
| dc.subject.other | Public Law | |
| dc.title | An analysis of litigation strategies for the attainment of water justice in South Africa | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationname | LLM |