The Role of the Courts in Advancing Water Security in South Africa
| Autor: | Bronwen Qumbu |
|---|---|
| Jazyk: | afrikánština |
| Rok vydání: | 2021 |
| Předmět: |
Sociology and Political Science
right to water Service delivery framework Role of courts Common law Judiciary Outcome (game theory) protection of water resource Political science local government Water security right of access to water protection of water resources role of courts judiciary Protection of water resources Focus (computing) water law K1-7720 Right of access to water water security Making-of Law in general. Comparative and uniform law. Jurisprudence Local government Law |
| Zdroj: | Potchefstroom Electronic Law Journal, Vol 24 (2021) Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad; Vol. 24 No. 1 (2021) |
| ISSN: | 1727-3781 |
| Popis: | This article explores the role which courts could play in promoting water security in South Africa. As the country is one of the driest on the continent, its water security issues remain at the forefront of the service delivery conundrum. Therefore, issues of water security often need to be litigated to arrive at a favourable and just outcome. This is where the focus of this article lies. Based on a critical analysis of the legal framework governing water security and relevant case law, the article argues that courts could promote water security by discharging certain duties. Firstly, the courts must uphold the applicable law by weighing the rights and interests that relate to water and must then make reasonable, just and equitable findings. Secondly, the courts must solve water-related disputes between parties by interpreting and applying the applicable laws and policies. It is submitted that by executing these two functions, the courts contribute to a deeper understanding of the water security discourse. Finally, it is argued that through the execution of their traditional judicial functions, courts contribute to the making of law that directly affects water security. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
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