The intricacies and challenges of ensuring safe and healthy mining environments in South Africa

In the modern world, developing countries like Kenya, Tanzania, Ethiopia and several others in the African continent have been encouraged to reform their public expenditure management systems through computerization of the entire public sectors in response to the increasing volume of data or information that need to be processed. There are, however, various factors to be considered prior to the implementation of the public expenditure management information systems. This paper undertakes a theoretical review of the critical success factors that impact on the implementation of an Integrated Financial Management Information System (IFMIS) with a view to identify factors applicable to the Migori County of Kenya. The paper, then, identifies the key factors to be incorporated in the proposed IFMS framework. The proposed framework draws from the Technology Acceptance Model (TAM), Innovation Diffusion Theory (IDT) and the Work Around Theory (WAT). The paper fuses these theories towards a successful adoption of use of modern technology within the public sector IFMS. The key factors include technical, organizational, environmental, cultural and ethical behavior. These factors could improve efficiency and transparency through direct payments to suppliers and contractors, reduced prices due to gains based on the time value of money, as well as the comparative analysis of market rates and advanced relations across the numerous organizational units within government on execution, reporting, and thoroughness of budget transactions.

In India, the urban local bodies do not have decentralization in various functions. Therefore, municipal corporations find various issues in functioning and revenue generation. It has resulted into either shortfall or low quality infrastructure services to people. The Navi Mumbai Municipal Corporation is developed as modern municipal corporation. Municipal corporation invested financial resources in development for civic infrastructure. Therefore, population, industries, educational institutions, markets, transport and other facilities are expanding very fast. The ordinary least square regression results shows that the municipal corporation has positive co-relation with revenue receipts from LBT, property tax and town planning. The revenue expenditure is positively co-related with municipal estate, public health and hospitals, primary and secondary education. The engineering work for poor is negatively correlated with revenue expenditure. The capital receipts are positively co-related with fire brigade, auditorium, sports and cultural programs and security deposits and water supply. The capital expenditure is positively co-related to women and child welfare schemes, primary education, environment monitoring. It is negatively co-related with dumping grounds. The municipal corporation must raise funds from capital market through municipal bonds. More investment must be made in civic infrastructure. Similarly, corporation must spend more funds on poor, welfare of women and children. Municipal corporation must monitor and protect environment. It must give more priorities for processing of solid and e-waste, protect local culture, primary and secondary education, health care for all and technology in provision of civic services. It must develop human resource and create best place to live in metropolitan region.

This article examines the need to enforce criminal sanctions for environmental crimes being perpetrated daily, particularly by those who engage in mining and extractive ventures. In South Africa, more often than not, the sanctions for environmental crimes are usually premised on civil suits or administrative actions against the perpetrators. However, these sanctions have not been effective in dissuading perpetrators from environmental harm and degradation because they have the financial means to settle any claims or fines imposed by the courts or the administrative tribunals. It is against the backdrop of this culture of deliberate impunity that this article accentuates the need to strengthen sanctions against perpetrators by imposing criminal sanctions in order to serve as deterrent. A precedent was set by the court in the case of Blue Platinum Ventures (Pty) Limited and Maponya, where the court emphatically invoked and applied criminal sanction against the defendant and was held criminally liable for degrading the environment. The case is a landmark, as it sets a new precedent, where the perpetrator was criminally sanctioned. Countries like United States of America and Australia have been successful in criminal sanctioning of environmental crimes; many mining and extractives companies’ executives and managers have been criminally sanctioned and sent to jail. This article looks at the jurisprudence from these jurisdictions and draws useful lessons that could be used to strengthen prosecution and conviction of perpetrators in South Africa.