Law

Faculty of Law secures NRF Tier 1 Research Chair in Cities, Law and Environmental Sustainability

BELINDA BANTHAM — Tue, 01 Jul 2025 08:02:47 +0000

Faculty of Law secures NRF Tier 1 Research Chair in Cities, Law and Environmental Sustainability

BELINDA BANTHAM Tue, 07/01/2025 - 10:02

A change in leadership has set a new course for one of the North-West University’s (NWU’s) most strategically positioned research chairs. The National Research Foundation (NRF) has officially upgraded the South African Research Chair in Cities, Law and Environmental Sustainability (CLES) to a Tier 1 position and appointed a new chairholder, Prof Oliver Fuo.

The CLES Chair, housed in the Faculty of Law, was initially established in 2018 as a Tier 2 Chair and led by Prof Anél du Plessis until her departure from the university in June 2023. Following an interim period and an appeal process, the NRF confirmed the Chair’s upgrade and new leadership. The decision followed the NRF’s review of the Chair’s first five-year cycle, which ended in November 2023.

“This appointment represents the continuation of a strategic investment in legal research that intersects with questions of urban development and environmental governance,” says Prof Henk Kloppers, acting executive dean of the Faculty of Law. “It builds on the foundation laid by Prof du Plessis and her team, and we remain committed to growing the impact and reach of the Chair in the coming years.”

Funding injection accompanies upgrade

With its new Tier 1 status, the Chair’s funding has nearly doubled. According to the NRF, Tier 1 Chairs are awarded to scholars who meet five key criteria, including national recognition as full professors, an established record of postgraduate supervision, and international leadership in their field.

Tier 1 Chairs may also benefit from NRF funding for up to 10 years, subject to satisfactory performance reviews.

As part of its new mandate, the CLES Chair will be required to scale up research activities, recruit additional postgraduate and postdoctoral researchers, and strengthen science engagement initiatives.

The Faculty of Law underscores the importance of the Chair in contributing to national legal discourse and developing future scholars. “This Chair remains a cornerstone of our long-term research strategy,” says Prof Kloppers. “It enables us to respond to pressing societal questions while training the next generation of legal academics.”

CLES is one of seven SARChI Chairs located in law faculties across the country. All are Tier 1 Chairs, with others based at the universities of the Witwatersrand, Cape Town, Western Cape, Johannesburg, Pretoria and Nelson Mandela. Some were upgraded from Tier 2, while others have since been phased out.

The Faculty of Law looks forward to implementing the research plan submitted to the NRF as part of the chair replacement application.

Prof Oliver Fuo is the new chairholder of the upgraded South African Research Chair in Cities, Law and Environmental Sustainability.

Addressing corporate reporting issues in South Africa

BELINDA BANTHAM — Tue, 17 Jun 2025 13:08:19 +0000

Addressing corporate reporting issues in South Africa

by Steve Maphakathe

BELINDA BANTHAM Tue, 06/17/2025 - 15:08

Environmental, social and governance (ESG) principles have become essential to modern business operations, marking a significant shift in the corporate responsibility landscape. In South Africa, this transition brings with it unique challenges and opportunities, particularly for corporations that are listed on the Johannesburg Stock Exchange (JSE).

Prof Neels Kilian from the Finance, Trade and Innovation (FTI) research group at the Faculty of Law has dedicated his work to understanding and addressing the legal challenges surrounding the application of ESG principles.

An inconclusive structure

At the core of South Africa’s ESG issues lies a fundamental legal gap, Prof Kilian explains. “South Africa does not have comprehensive legislation that fully addresses all aspects of ESG matters. As a result of this absence, businesses have to negotiate a complicated web of conflicting standards and expectations.”

The JSE has tried to close this gap by creating its own set of ESG criteria, which businesses are required to include in their integrated reporting. According to Prof Kilian, this approach has brought about new issues of its own.

"The JSE's ESG metrics are not aligned with those of other global stock exchanges," he says. “When we look at overseas comparisons, like the CAC 40 ESG Index of the Paris Stock Exchange, which employs completely different ESG parameters for its top 40 listed companies, this misalignment becomes problematic.”

This inconsistency causes confusion for investors and companies, and Prof Kilian says, “This could be addressed by introducing legislation in South Africa that standardises ESG metrics across the JSE, asset managers and ESG rating agencies.”

Area of focus

Prof Kilian's research focuses on greenhouse gas (GHG) emissions, one of the most controversial topics on ESG reporting. His work compares reporting practices in the United States, the European Union and South Africa and it identifies gaps in the calculation and publication of emissions data. Companies report their emissions in accordance with the GHG Protocol, which divides emissions into three categories – Scope 1 (direct), Scope 2 (indirect from purchased electricity), and Scope 3 (indirect from supply chains and other external activities).

“Theoretically, businesses that utilise financial or internet services ought to be able to figure out the number of emissions they produce.” Prof Kilian cites the King reports and the Companies Act of 2008 as the legal framework that oversees corporate governance and ESG.

Further, stakeholders must put policies in place that confirm the accuracy of ESG disclosures and make sure they go beyond simple PR campaigns. “If the data is inaccurate, it can lead to regulatory breaches and mislead investors,” says Prof Kilian.

Action against greenwashing

In support of structural reforms in corporate governance, Prof Kilian recommends that businesses establish at least a green or environmental committee, separate from their current audit and ethics committees.

"A committee of this kind would be more equipped to interact with ESG rating agencies to ensure transparency.” He warns that rating agencies can manipulate the weighting of ESG factors to make a business appear more compliant than it actually is. He states that a specialised committee would reveal the precise environmental considerations involved and highlight any suspicious greenwashing in financial statements.

The challenge of implementing international ESG standards in the South African context requires careful consideration of local economic realities. "A company considered ESG-compliant in one country by complying with the relevant rules or legislation that country may be deemed non-compliant when assessed against the standards of another country," says Prof Kilian.

In an effort to bridge this gap, the JSE is drawing inspiration from other UN accords, such as the UN Global Compact, which outlaw’s child and slave labour. "It may be unrealistic to expect South African companies to fully comply with international minimum emission thresholds across all three scopes, given the country's unique economic challenges," states Prof Kilian.

A way forward

Prof Kilian’s research highlights a thorough comprehension of ESG concepts that goes beyond simple compliance. He urges investors and businesses to adopt a holistic approach to understanding ESG.

“ESG is still highly complicated, especially because of the impact of UN instruments that support international consistency and add to ESG factors.”

Prof Neels Kilian

NWU law student selected for national Siyaphumelela Scholars programme

BELINDA BANTHAM — Tue, 17 Jun 2025 08:15:28 +0000

NWU law student selected for national Siyaphumelela Scholars programme

by Mafumane Tlhapi

BELINDA BANTHAM Tue, 06/17/2025 - 10:15

A final-year law student at North-West University (NWU) Potchefstroom Campus has been chosen for the 2025 Siyaphumelela Scholars programme, a national initiative focused on student success and leadership in higher education.

Musa Bizani and four other students from the University of Cape Town, Cape Peninsula University of Technology, University of the Witwatersrand and University of the Western Cape will attend the Siyaphumelela Conference at the Indaba Hotel and Conference Centre in Fourways, Johannesburg, from 8 to 11 July 2025.

“This programme aligns with the kind of leadership and communication skills I’ve been working to refine as a student leader and aspiring legal practitioner,” says Bizani. “It’s also a space where I can help represent the NWU student voice in national conversations about student success.”

Coming from a previously underrepresented background, he aims to show how a combination of institutional support and student activism can lead to academic progress and institutional transformation.

“I want to share how holistic engagement through leadership, mentorship and community involvement has shaped my university experience,” he says. “It’s not just about helping students survive university but about building systems where they are empowered to thrive.”

The Siyaphumelela Scholars programme is an experiential learning initiative aimed at developing leadership, higher-order thinking, and interpersonal communication. Through the programme, Bizani hopes to strengthen his ability to advocate for social justice and prepare for his intended LLM studies next year.

“The ability to communicate clearly and with purpose is essential in both legal and academic environments,” he says. “This programme is a tool that will help me become more effective in those spaces.”

If selected by the Achieving the Dream (ATD) panel, Bizani could also participate in the DREAM Scholars programme and represent South Africa at the DREAM 2026 conference in Portland, Oregon in the USA, from 2 to 6 March 2026.

Musa Bizani will represent the university at the 2025 Siyaphumelela Conference in Johannesburg as part of the Siyaphumelela Scholars programme.

NWU and Consumer Goods and Services Ombudsman formalise transformative partnership

BELINDA BANTHAM — Fri, 13 Jun 2025 09:19:45 +0000

NWU and Consumer Goods and Services Ombudsman formalise transformative partnership

by Belinda Bantham

BELINDA BANTHAM Fri, 06/13/2025 - 11:19

In a landmark step toward deepening legal education, community engagement, and access to justice, the North-West University’s (NWU’s) Faculty of Law has signed a Memorandum of Understanding (MoU) with the Consumer Goods and Services Ombudsman (CGSO). The signing ceremony took place on 11 June 2025, marking the formalisation of a collaboration that has been evolving since 2022.

This partnership was initiated by Prof Howard Chitimira, research Professor and director: Research Unit for Law, Justice and Sustainability, who has worked closely with the CGSO over the past few years to develop opportunities that benefit students, staff, and communities.

“This partnership with the CGSO is opening up opportunities for students and staff to go into consumer or financial education,” said Prof Chitimira. “We are also looking at how it can support community engagement and broaden our research capacity.”

Prof Chitimira explained that the faculty is exploring the establishment of satellite offices in communities such as Mahikeng, Potchefstroom, or Vanderbijlpark. These offices would serve as key contact points where students assist community members with consumer-related complaints and awareness—practical work that complements academic training and contributes to public empowerment.

“This collaboration represents a meeting of minds—practitioners from the CGSO and legal academics from the NWU—working together to benefit the broader society,” he added. “It’s about taking what we do in classrooms and using it to make a tangible difference.”

The MoU opens the door to internship opportunities and structured exposure to real-world legal work, with students participating both at CGSO offices and via NWU’s Law Clinic.

Prof Chitimira reflected on how the partnership took shape: “The CGSO began attending conferences I organised in 2022, and they were inspired by our work with young people. We’ve now formalised that relationship in a way that benefits everyone involved.”

Prof Linda du Plessis, deputy vice-chancellor for teaching and learning, formally opened the proceedings with her introductory remarks and concluded the event by delivering the vote of thanks.

“It is both an honour and a privilege to welcome you all today to this significant occasion — the formal signing of the Memorandum of Understanding between the North-West University’s Faculty of Law and the Consumer Goods and Services Ombud,” she said.

“This partnership represents more than just a formal agreement between two institutions — it marks the beginning of a meaningful collaboration rooted in shared values, a commitment to community empowerment, and the pursuit of justice and fairness for all consumers, particularly the most vulnerable among us.”

Prof du Plessis highlighted the importance of practical legal learning, community outreach, and consumer education in South Africa’s evolving legal landscape. She also noted the uniqueness of the partnership: “This is a public partnership in the truest sense — no financial exchange, just mutual commitment to the greater good. It is our hope that this partnership will serve as a model of cooperation between institutions who share the goal of transformation, empowerment, and access to justice.”

Ms Queen Munyani, CEO of the CGSO, gave a detailed overview of the organisation’s role in consumer protection and welcomed the opportunity to collaborate with a university known for its academic excellence and social impact.

“We are eager to work with institutions of higher learning, because education is key to empowering consumers,” she said. “It is important for us to go into communities and ensure that people know their rights and how to enforce them.”

Acting executive dean of the Faculty of Law, Prof Henk Kloppers, also addressed attendees, offering a brief overview of the faculty’s recent achievements. He highlighted the faculty’s continued commitment to excellence and innovation.

“This signing is another milestone for the Faculty of Law,” he said. “We remain committed to making a positive impact through research, teaching, and engagement.”

NWU honours Prof Christa Rautenbach with the Chancellor’s Medal

BELINDA BANTHAM — Fri, 06 Jun 2025 08:48:16 +0000

NWU honours Prof Christa Rautenbach with the Chancellor’s Medal

by Willie du Plessis

BELINDA BANTHAM Fri, 06/06/2025 - 10:48

Her transformative leadership through her editorship of the Potchefstroom Electronic Law Journal stands as a beacon of achievement in the vision and mission of the North-West University (NWU) to be a pre-eminent university in Africa. Her achievements in legal academia and journal development have earned Prof Christa Rautenbach the NWU Chancellor’s Medal.

She received this honour during a graduation ceremony on 6 June. The Chancellor’s Medal is awarded to people who show exceptional merit or have made significant contributions to society.

Under Prof Rautenbach’s editorship, the Potchefstroom Electronic Law Journal has evolved from a modest local publication to a globally recognised platform for legal scholarship. The journal is South Africa’s top-cited, internationally accredited, open-access law journal. This has amplified the NWU’s international standing.

“Receiving the Chancellor’s Medal is an immense honour that humbles me deeply. It is recognition not only of personal dedication but also of the collective effort behind building a platform that amplifies African legal scholarship on the global stage. This award affirms the value of perseverance, innovation and mentorship in academic publishing, and it strengthens my resolve to continue fostering inclusive, high-quality legal research that advances justice and scholarship within and beyond South Africa,” says Prof Rautenbach.

Her career is marked with astounding achievements. Driven by a passion for justice and legal scholarship, she achieved 46 distinctions across her BIuris and LLB degrees, and further excelled while earning her LLM and LLD degrees.

From public prosecutor to professor

Since 1994, Prof Rautenbach has transitioned from being a public prosecutor to being a professor at the Faculty of Law of the NWU. Her ascent in academia was swift, rising from lecturer to senior lecturer, to associate professor and ultimately to professor in 2005. A globally recognised researcher, she holds a B3 NRF rating, which she received in 2021.

Since 2002, and especially as editor-in-chief since 2012, Prof Rautenbach led the exponential growth of the Potchefstroom Electronic Law Journal – from an in-house publication with a limited authorship and readership to a respected global platform with over 1 000 published articles from authors around the world.

The journal has achieved indexing in major databases such as Scopus and the Directory of Open Access Journals (DOAJ), gaining the DOAJ seal of approval. She introduced sustainable financial models, secured international funding and spearheaded the digital transformation of the Potchefstroom Electronic Law Journal using open-source publishing software.

Another significant milestone was securing participation in a pilot project of the Kulisa Platform, which is hosted by the Academy of Science of South Africa, in 2015. This initiative uses the open-source software of the Public Knowledge Project Open Journals Systems for managing peer-reviewed journals. Prof Rautenbach navigated the intricacies of developing the journal site and overseeing online journal processes. This included the meticulous task of uploading historical content.

Despite facing initial challenges with limited training and expertise, Prof Rautenbach took the initiative to develop and maintain all content on the journal’s webpage. This comprises vital information, policies, layouts, templates and more. Her recent inclusion of an artificial intelligence (AI) policy made the journal one of the first to do this.

Her commitment extends beyond publishing. Prof Rautenbach mentors young scholars and editors, trains teams across all three NWU campuses, and promotes diversity and excellence in academic publishing. Her hands-on approach ensures every submission meets high standards, and her editorial guidance supports emerging researchers and authors.

Watch an interview with Prof Rautenbach here

Prof Christa Rautenbach received the Chancellor’s Medal from the NWU.

South Africa urged to adopt sustainable model for mine rehabilitation

BELINDA BANTHAM — Mon, 05 May 2025 06:44:32 +0000

South Africa urged to adopt sustainable model for mine rehabilitation

by Phenyo Mokgothu

BELINDA BANTHAM Mon, 05/05/2025 - 08:44

Sitting on a R49 billion environmental liability tied to 6 100 legacy mines, South Africa needs to consider a dedicated rehabilitation fund supported by mandatory levies on mining companies to meet its mine rehabilitation targets.

Speaking during a public lecture hosted by the North-West University’s (NWU’s) Faculty of Law, Dr Fredua Agyemang pointed to Western Australia’s model, backed by industry levies and steady investment returns, as a possible solution to unlock consistent rehabilitation funding.

Dr Agyemang, a postdoctoral fellow at the South African Research Chair Initiative (SARCHI): Cities, Law and Environmental Sustainability (CLES), said South Africa’s approach to legacy mines must change if it is to meet its rehabilitation goals. “South Africa needs R49 billion to meet its rehabilitation targets, but only 44% of that amount is currently covered by financial provision,” he said.

“In 2010, the government planned to repair approximately 2 000 dissolved organic matter mines (DOMs) by 2021 because of their significant dangers and far-reaching consequences for society and the environment. The goal was to rehabilitate 6 100 DOMs by 2038. However, as of 31 March 2021, there has been relatively limited progress.

“Apart from asbestos mines, none of the 2 322 high-risk commodity DOMs had undergone rehabilitation. Among the 1 170 identified holdings, 507 (43%) were recorded as closed in the DOM database. Of the 261 asbestos mines, only 32 (12%) had been rehabilitated since the programme’s launch in 2006–07, with the remaining 229 mines earmarked for rehabilitation by 2033. Generally, rehabilitation efforts in South Africa have shown modest progress over the past 12 years (31 March 2010 to 31 March 2021), with the average annual percentage of rehabilitated mines increasing from 1,67% in 2009 to 2,35% in 2021,’’ said Dr Agyemang.

“Progress has stalled due to funding constraints, lack of coordinated enforcement and the difficulty of identifying responsible parties for mines abandoned decades ago,” he added.

How Western Australia has tackled the problem

Dr Agyemang has done a comparative legal study focused on how South Africa and Western Australia are managing the rehabilitation of legacy mines, meaning mines abandoned before the introduction of environmental laws.

Western Australia recorded about 60 000 abandoned mines and responded by establishing the Mining Rehabilitation Fund, a levy-based system requiring operating mining companies to contribute annually to a central fund, which is managed by the government.

"The central fund currently holds AUD 291,2 million and generates AUD 3,1 million in annual interest. The principal amount (AUD 291,2 million) is allocated to the rehabilitation of operating mines for which it has been specifically assigned, while part of the interest (AUD 3,1 million) is used to fund the rehabilitation of legacy mines," Dr Agyemang said.

The Western Australian model shifts the financial responsibility to industry while generating investment returns that support ongoing rehabilitation. “This enables ongoing rehabilitation without placing the financial burden on taxpayers.”

Rehabilitation delays are a health hazard

The environmental risks posed by unrehabilitated mines were also outlined in the lecture. These risks include acid mine drainage, water and soil pollution and land instability. Communities living near these sites face exposure to contamination, disruptions to livelihoods and limited land use. Informal and unsafe mining activities have emerged in some abandoned shafts, increasing health and safety risks.

Dr Agyemang noted that South Africa’s current framework, based on the National Environmental Management Act and the National Programme for the Rehabilitation of Derelict and Ownerless Mines, lacks long-term financial stability. "Because of legal constraints, the state cannot always enforce retroactive liability on polluters," he said, adding that this weakens accountability for environmental damage.

He recommended the creation of a dedicated rehabilitation fund supported by mandatory levies on mining companies. “Strengthening enforcement and coordination is critical to accelerating rehabilitation efforts and ensuring sustainable land use.”

Without a stable source of funding, Dr Agyemang warned, the pace of rehabilitation would remain slow, and the financial burden would continue to fall on the public sector – and therefore taxpayers.

Dr Fredua Agyemang

Faculty of Law to host lecture on judicial limits and apex court authority

BELINDA BANTHAM — Fri, 28 Mar 2025 07:10:47 +0000

Faculty of Law to host lecture on judicial limits and apex court authority

by Phenyo Mokgothu

BELINDA BANTHAM Fri, 03/28/2025 - 09:10

Is the Constitutional Court within its powers when it rules against decisions made in Parliament? Or is it stepping across the line between separate branches of government?

Setting out to answer these questions, the North-West University’s (NWU’s) Faculty of Law is set to host a public lecture, “The functions of an apex court: Who empowered 11 unelected judges to strike down laws of a democratically elected parliament?” on Wednesday, 2 April 2025.

The lecture will explore the judicial process and the limits of judicial authority in South Africa, and will take place from 09:00 to 11:00 via Microsoft Teams.

Guest speaker Justice Albert ‘Albie’ Louis Sachs, a South African activist and former Constitutional Court judge, will lead the discussion.

Justice Sachs has participated in major legal debates and played a role in reform efforts, offering insight into the interplay between judicial review and legislative decisions. His career reflects years of engagement with constitutional matters and legal activism, making him a central figure in contemporary discussions about the power of the judiciary.

Lecture host, Prof Howard Chitimira, says: “This lecture offers a forum to analyse the balance of power within our legal system. It allows us to understand the impact of judicial review on our democratic process.”

His comment reflects the commitment of the faculty to foster a clear discussion on the separation of powers and the influence of legal decisions on public policy.

The session is expected to engage academics, legal practitioners and students in a comprehensive examination of judicial limits and the roles played by apex courts in South Africa’s evolving democracy.

Interested parties can join the public lecture via this MS Teams link on 2 April at 9:00

Sustainability reporting poses challenges for JSE-listed companies

BELINDA BANTHAM — Wed, 12 Mar 2025 09:05:05 +0000

Sustainability reporting poses challenges for JSE-listed companies

by Phenyo Mokgothu

BELINDA BANTHAM Wed, 03/12/2025 - 11:05

Companies listed on the Johannesburg Stock Exchange (JSE) must navigate evolving sustainability reporting requirements to ensure compliance, credibility and investor confidence.

Prof Neels Kilian of the North-West University’s (NWU’s) Faculty of Law outlined the complexities of this shift in his inaugural lecture – titled “The legal background to integrated financial reporting” – on 5 March 2025 at the Potchefstroom Campus.

“The JSE has taken steps to standardise sustainability reporting,” Prof Kilian said. “But ensuring consistent compliance remains a challenge.”

The JSE introduced sustainability metrics in 2022, requiring companies to report on about 60 factors related to environmental, social and governance practices. This framework builds on the World Federation of Exchanges model, which outlines 30 key indicators. Unlike the New York Stock Exchange, which views these guidelines as recommendations, the JSE integrates them into its reporting rules.

“Companies are adjusting to the new framework, but full compliance is still developing,” said Prof Kilian.

Asset managers such as BlackRock and Old Mutual use independent rating agencies to assess sustainability performance. The JSE also collaborates with the London Stock Exchange for the FTSE/JSE Top 30 Index, which is rated for sustainability compliance by FTSE Russell. However, Prof Kilian pointed to a lack of publicly available ratings for companies in the index.

“There’s a transparency gap in how companies are rated for sustainability. Investors need access to clear and reliable data.”

Other exchanges, such as the Paris Stock Exchange, employ rating systems like Morningstar and Equitics® to evaluate sustainability compliance. Prof Kilian suggested that the JSE may need to adopt similar independent assessment models to strengthen investor confidence.

“The future of financial reporting is tied to sustainability. Stock exchanges must adapt to ensure compliance and credibility.”

Prof Neels Kilian

Academic urges students to play a role in decolonising South Africa’s legal system

MARELIZE SANTANA — Fri, 08 Nov 2024 07:59:38 +0000

Academic urges students to play a role in decolonising South Africa’s legal system

by Phenyo Mokgothu

MARELIZE SANTANA Fri, 11/08/2024 - 09:59

“Will you be a benchwarmer, enforcing the status quo, or will you be part of the legal revolution?” This is North-West University (NWU) law professor Boitumelo Mmusinyane’s challenge to students as he advocates for their greater involvement in efforts to decolonise South Africa's legal system.

Prof Mmusinyane highlights the ongoing challenge of integrating indigenous knowledge into the country's Eurocentric legal framework, a legacy of colonisation and apartheid that continues to marginalise African governance traditions.

He also points out that South Africa’s judiciary remains deeply influenced by European legal and governance systems, even as it plays a role in transforming society.

“Our judiciary continues to mirror Eurocentric legal frameworks, yet it is responsible for societal transformation.”

While lawyers are well-trained in navigating the current system through established precedents, Prof Mmusinyanei says they often face difficulties incorporating African legal principles into their practice.

According to Prof Mmusinyane, a major issue is the untapped potential of indigenous knowledge, which has been neglected for centuries. He notes that indigenous governance systems, which were once central to African societies, have been overshadowed by laws introduced during colonialism. "The African population is trying to navigate a legal system that contributed to the dismantling of their traditional governance structures."

Prof Mmusinyane also addresses the resistance that often accompanies discussions about the integration of indigenous laws. "If you mention indigenous knowledge systems, people laugh or dismiss the idea." This reaction, he argues, perpetuates the dominance of colonial legal frameworks and slows down efforts to revive African legal traditions.

African legal concepts were erased

He raises important questions about the existence of African legal concepts in various areas, including insurance, construction law, intellectual property and trade. “Do these laws exist? Yes, they existed, but were wiped out by the legal systems we rely on today.”

Prof Mmusinyane challenges both legal professionals and students to take responsibility for rediscovering and developing these indigenous legal concepts.

He also cautions against relying on the same colonial systems that shaped South Africa’s laws in the 20th century to address the country’s current legal challenges.

"The majority of the laws we depend on today were not created with the involvement of the entire population." He adds that many people’s beliefs and legal systems remain marginalised, even decades after the end of apartheid.

Indigenous languages come to the fore

Prof Mmusinyane emphasises that decolonising the legal system is not limited to formal legal education. “You don’t need to study law in your mother tongue at university to challenge the system,” he says, adding that the restoration of dignity to community laws is a shared responsibility.

With the recent appointment of Justice Mandisa Maya as Chief Justice, Prof Mmusinyane says he expects that indigenous languages will soon play a larger role in South African law. He encourages students to prepare for this change.

“If tomorrow the courts adopt Setswana, Xhosa, Zulu or Pedi as official languages, are you ready to engage with the law in your own language?”

Finally, he reminds students that universities and legal scholars alone cannot overhaul the legal system: “You also have a role to play in decolonising the law!”

Prof Boitumelo Mmusinyane.

Land degradation expert to share his expertise with national working group

BELINDA BANTHAM — Thu, 05 Sep 2024 06:44:27 +0000

Land degradation expert to share his expertise with national working group

by Oscar Mosiane

BELINDA BANTHAM Thu, 09/05/2024 - 08:44

The goal of achieving land degradation neutrality is still achievable, especially with the recent appointment of Prof Klaus Kellner from the Unit for Environmental Sciences and Management (UESM) at the North-West University (NWU) to serve on the Land Degradation Neutrality (LDN) National Working Group.

Prof Kellner has been appointed by Nomfundo Tshabalala, the director-general of the Department of Forestry, Fisheries, and the Environment (DFFE), and he will provide strategic oversight for the process of reviewing and updating the LDN targets and will bring together key relevant stakeholders at all levels.

Prof Kellner says he feels honoured to be appointed and promises to prioritise the review and validation of reports related to LDN target setting in South Africa.

"I will raise awareness about LDN among stakeholders and promote a culture of information sharing. Additionally, I will ensure that LDN target setting is integrated into national and provincial policies," he adds.

South Africa is a participant in the United Nations Convention to Combat Desertification (UNCCD), which is aimed at addressing serious desertification, land degradation and drought, particularly in Africa. The UNCCD provides a framework for countries affected by desertification to effectively tackle land degradation at national, regional and international levels. The DFFE serves as the national focal point responsible for implementing the UNCCD in the country.

In 2018, South Africa, through the DFFE in partnership with the National Action Programme contributing partners, established LDN targets for the country. These targets align with Sustainable Development Goal 15: life on land, which emphasizes the protection and sustainable management of land-based ecosystems, specifically target 15.3 aimed at achieving a land degradation-neutral world by 2030. The Cabinet approved these targets for implementation in 2018.

Accordingly, South Africa committed to restoring, conserving and sustainably managing around 17 million hectares of degraded landscapes by 2030 through the set LDN targets. These LDN targets complement the implementation of South Africa’s National Action Plan to combat desertification and other environmental programmes.

South Africa has been designated as one of the leading countries worldwide to participate in the LDN target-setting process, acknowledging the nation's constructive role in the UNCCD.

Furthermore, the UNCCD has launched its first-ever Data Dashboard, compiling national reporting figures from 126 countries. The data shows that land degradation is rapidly advancing across all regions, and that – between 2015 and 2019 – the world lost at least 100 million hectares of healthy and productive land each year.

In sub-Saharan Africa, Botswana has successfully reduced land degradation from 36 percent to 17 percent of its territory. The country has committed a total of 45,3 million hectares to land degradation neutrality. This includes measures to prevent further degradation as well as restore interventions in specific land degradation hotspots. Additionally, Botswana has identified 1,42 million hectares as "bright spot" areas, which are regions rehabilitated through appropriate remediation activities.

Land degradation trends differ by region, but UNCCD data warns that if current trends continue, the world will need to restore 1,5 billion hectares of degraded land by 2030 to achieve the LDN targets set out in the Sustainable Development Goals (SDGs).

"Although global trends are moving in the wrong direction, it is still feasible to not only meet but exceed land degradation neutrality goals. This can be achieved by halting further degradation while accelerating efforts on existing commitments to restore one billion hectares of land by 2030, with funding and action going hand-in-hand," says Dr Barron Orr, UNCCD chief scientist.

In a positive step towards creating a more resilient future, 109 countries have committed to voluntary LDN targets for 2030, and another 21 are in the process of doing so. From 2016 to 2019, around $5 billion from bilateral and multilateral sources supported global efforts to fight desertification, land degradation, and drought. This aid assisted 124 nations in carrying out various projects to achieve land degradation neutrality and tackle the challenges presented by desertification, land degradation, and drought.

Prof Kellner says he is satisfied with South Africa's engagement in the UNCCD and has been involved in the convention for many years. He has represented South Africa at many conferences of parties for the UNCCD at a global scale as the president of the Committee for Science and Technology.

He also serves on the national coordinating body of the UNCCD and was appointed on the Roster of Experts regarding DLDD matters in South Africa.

Prof Kellner regards his appointment as a promising initiative that will not only benefit other Southern African Development Community nations, but will also yield global significance.

Prof Klaus Kellner