Kola O. Odeku

This article examines the need of the environment protection in the process of mining operations. It highlights the importance of sustainable mining in order to ensure that mining is conducted sensibly and responsibly. It rigorously examines the utilization of a comprehensive and holistic Environmental Management Plan (EMP) which is one of the environmental tools that has the potential to produce environmental sustainability in mining areas and communities. It accentuates that the EMP should contain detailed activities that will be carried out throughout the mining and post mining operations. It also discusses how the interest of the people and the environment can be protected and preserved. It enlightens on the importance of compliance and implementation of the EMP for sustainable mining. It proves that non-compliance will marginalise the poor vulnerable communities and degrade the environment within the area where mines are based. It details the regulatory interventions that have been put in place to support the EMP and accentuates the need for accountability and sanctions for non-compliance with the environmental legislation. It submits that mining companies must be compelled to comply and implement the EMP as part of precautionary measures to avoid environmental and land degradation. The EMP is a tool that should be used to promote environmental sustainability in mining operations.

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.

In South Africa, during the apartheid era, the mining sector had records of extremely high injuries and occupational diseases that led to massive death of mine workers who were predominantly Blacks. In the post-apartheid era, measures such as monitoring, inspections, investigations and regulatory interventions have been introduced to identify hazards with the aim of minimizing and eliminating the risk to health and safety of mine workers. However, despite these interventions and measures, the pace of ensuring total eradication of accidents and fatalities is slow and there is a need to accelerate it, as every life is important. This can only be realized if there is substantial improvement in the implementation, enforcement and compliance with legislation, measures and policies that have been put in place to curb accidents, diseases and fatalities in the mining sector. This article examines the effectiveness of the interventions, points out the weaknesses and provides viable solutions for improvement. The article also highlights the importance of trade unions and technologies as catalysts to drive and improve safety standards in the mining environments.

This article examines how marine pollution can be effectively contained and curtailed using existing regulatory instruments. The harmful effect of marine pollution on marine ecosystems and species is a problem that needs to be addressed as a matter of urgency. It is against the backdrop of this concern that national and international legal frameworks have been put in place to regulate, reduce or stop marine pollution. Despite this, the problem of marine pollution is still rampant and impacting negatively on marine socio-economic goods and services. It is pertinent to point out that marine pollution only receives attention when it has catastrophic impacts. This article scrutinizes frameworks that have been put in place to curb marine pollution by assessing their functions. It submits that measures should be taken to ensure compliance of these regulations and that prevention of marine pollution should be prioritized in order to guard against the manifestation of destructive adverse effects of harmful substances.

This article examines the socio-economic impacts and effects of unlawful electricity tariff increase in South Africa. Access to electricity is a vital socio-economic right in South Africa because of its intrinsic role in the fulfilment of other social economic rights. The availability and accessibility of electricity guarantees the success of many businesses and the survival of many households, particularly the rural poor. Eskom, a governmental parastatal, generates, transmits and distributes electricity for the people, and charges for these services are rendered based on the tariff approved by the National Energy Regulator of South Africa (NERSA). Recently, NERSA decided to approve tariff increase requested by Eskom which was against the Electricity Regulation Act 4 of 2006 and the Constitution of the Republic of South Africa 1996. This increase was contested and nullified in court. If this tariff increase had not been challenged in the court, it would have had a devastating impact on the well-being of the people, particularly the poor. Using literature relevant to socio-economic rights to modern energy, particularly electricity, this article accentuates that electricity is a basic socio-economic right in South Africa that must be accessible and affordable to all. It explains the importance of judicial intervention in ensuring that socio-economic rights are made available and accessible to the people. It points out that the court will not hesitate in using its judicial power to extend any opportunity which allows poor people to access and enjoy right to modern energy and electricity and other socio-economic rights in South Africa.

Global warming and climate change continue to disrupt the environment and all aspects of people’s endeavors and as such, there is need to look at causes of climate change and deploy appropriate tools to address the problem of the scourge of climate change. The bank holds a pivotal position in the economy of any country. Apart from being the custodian of money, they also collaborate with the government and international financial institutions to perform various roles that shape the direction of the world’s economy in terms of growth and development. Against the backdrop of this, this article looks at banks as part of the appropriate tools that should constantly be used to address and reduce the influence of fossil fuels that are fuelling global warming and climate change and switch to more sustainable green economy. In order to achieve this, there should be radical acceleration in advancing credit and loan facilities by banks to fund green projects and investments in order to decarbonize the economy, and at the same time maintain sustainable economic growth and development.

In South Africa, the right to a clean environment is constitutionally guaranteed. However, this right is being violated on a daily basis by the mining companies who degrade and harm the environment in the communities they operate. Even though laws have been put in place to regulate, protect and deter degradation, the reality is that the mining companies have been found wanting several times in discharging their constitutional obligations not to degrade and harm the environment. This paper examines impacts and effects of the mining activities. It also looks at the legislative interventions that have been put in place to serve as checks against the mining companies and provides insights on how they are being used to regulate harmful mining practices.