Author(s)

BRAMLEY JEMAIN LEMINE, THOKOZANI KANYERERE

Abstract

Wetlands are disappearing and it is an international dilemma. Many efforts have been made to ensure its protection and conservation, including rehabilitation. Rehabilitation measures have been adopted in policies of various jurisdictions. In South Africa, the wetlands legislative framework is fragmented. It was submitted that a wetlands policy is in the pipeline for South Africa. As opposed to the research on the general protection of this resources, Part 1 of this research aimed, by way of a documentary analysis of the legislative wetland framework, journal articles, books and case law, to provide what the extent of the fragmentation, specifically, rehabilitation measures were, as well as the effect thereof. Part 2 of this research explicitly focused on rehabilitation measures taken by three other jurisdictions, as well as a design for such in South Africa’s envisaged policy. The results for Part 1 demonstrated the need to clarify and consolidate terms for achieving the specific goals. The failure to may cause uncertainty for regulators and implementors, as well as unnecessary interpretations by courts, if the literal approach was adequate. Further, it demonstrated the extension of fragmentation from legislation to institutions.

Keywords

fragmentation, institutional, legislative, management, policies, protection, rehabilitation, restoration, repair, wetlands