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Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia
South Africa integrated environmental rights into its constitutional and legislative framework, and simultaneously expanded its locus standi rules that facilitated public interest environmental litigation a decade and a half earlier than Zambia. The incorporation of environmental rights and the libe...
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| Format: | Thesis |
| Language: | English |
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School For Advanced Legal Studies
2023
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| _version_ | 1867611299119104000 |
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| access_status_str | Open Access |
| author | Mulenga, Martin |
| author2 | Glazewski, Jan |
| author_browse | Glazewski, Jan Mulenga, Martin |
| author_facet | Glazewski, Jan Mulenga, Martin |
| author_sort | Mulenga, Martin |
| collection | Thesis |
| description | South Africa integrated environmental rights into its constitutional and legislative framework, and simultaneously expanded its locus standi rules that facilitated public interest environmental litigation a decade and a half earlier than Zambia. The incorporation of environmental rights and the liberalisation of legal standing requirements occurred in South Africa with the enactment of the interim democratic constitution of 1994 which eventually progressed into the final constitution of 1996. Zambia only legislated environmental rights and liberalised the locus standi rules in environmental litigation with the enactment of the Environmental Management Act of 2011. The Zambian constitution has not yet included environmental rights in its Bill of Rights, but it has incorporated many internationally recognised environmental principles which may become building blocks for the further entrenchment and enhancement of environmental rights. The purpose of this paper is to conduct a critical and comparative analysis of the South African and Zambian legal frameworks with regard to locus standi requirements in public interest environmental litigation. The objective is to appreciate the strides that South Africa has made in public interest environmental litigation by critically assessing the constitutional and legislative developments that have taken place in that jurisdiction with a view to drawing lessons for Zambia. Included in the critical analysis is a study of how the South Africa Judiciary has interpreted these legislative developments and implemented them in its judgments particularly with regard to legal standing requirements. The comparison is intended to identify challenges to and opportunities for public interest environmental litigation in Zambia. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/36940 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | School For Advanced Legal Studies |
| publisherStr | School For Advanced Legal Studies |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/36940 Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia Mulenga, Martin Glazewski, Jan Advanced Legal Studies South Africa integrated environmental rights into its constitutional and legislative framework, and simultaneously expanded its locus standi rules that facilitated public interest environmental litigation a decade and a half earlier than Zambia. The incorporation of environmental rights and the liberalisation of legal standing requirements occurred in South Africa with the enactment of the interim democratic constitution of 1994 which eventually progressed into the final constitution of 1996. Zambia only legislated environmental rights and liberalised the locus standi rules in environmental litigation with the enactment of the Environmental Management Act of 2011. The Zambian constitution has not yet included environmental rights in its Bill of Rights, but it has incorporated many internationally recognised environmental principles which may become building blocks for the further entrenchment and enhancement of environmental rights. The purpose of this paper is to conduct a critical and comparative analysis of the South African and Zambian legal frameworks with regard to locus standi requirements in public interest environmental litigation. The objective is to appreciate the strides that South Africa has made in public interest environmental litigation by critically assessing the constitutional and legislative developments that have taken place in that jurisdiction with a view to drawing lessons for Zambia. Included in the critical analysis is a study of how the South Africa Judiciary has interpreted these legislative developments and implemented them in its judgments particularly with regard to legal standing requirements. The comparison is intended to identify challenges to and opportunities for public interest environmental litigation in Zambia. 2023-02-21T13:36:59Z 2023-02-21T13:36:59Z 2021 2023-01-19T11:38:26Z Master Thesis Masters MPhil http://hdl.handle.net/11427/36940 eng application/pdf School For Advanced Legal Studies Faculty of Law |
| spellingShingle | Advanced Legal Studies Mulenga, Martin Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia |
| thesis_degree_str | Master's |
| title | Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia |
| title_full | Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia |
| title_fullStr | Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia |
| title_full_unstemmed | Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia |
| title_short | Public Interest Environmental Litigation: A Comparative Study of Locus Standi Requirements in South Africa and Zambia |
| title_sort | public interest environmental litigation a comparative study of locus standi requirements in south africa and zambia |
| topic | Advanced Legal Studies |
| url | http://hdl.handle.net/11427/36940 |
| work_keys_str_mv | AT mulengamartin publicinterestenvironmentallitigationacomparativestudyoflocusstandirequirementsinsouthafricaandzambia |