Browsing by Author "Milton, John Robert Landrey."

Now showing 1 - 9 of 9

Codification: its evolution, obstacles and achievements; and its value in South Africa.
(1984) Farran, Susan Elizabeth.; Milton, John Robert Landrey.; Baxter, Lawrence Gerald.
No abstract provided.
The concept of nuisance in English law : a study of the origins and historical development of the concept of nuisance from its earliest beginnings to the end of the nineteenth century
(1978) Milton, John Robert Landrey.
Abstract not available
Conservation legislation in Transkei.
(1995) Matyumza, Mlamli Mncedi.; Milton, John Robert Landrey.
Societies in Transkei, particularly those along the coast, are confronted to varying degrees by the problem and prospects of having to be removed from the areas which they have occupied for decades, sometimes from time immemorial, to make space for government schemes intended for the conservation of the environment and its resources, as determined by various conservation legislation (Chapters 3 and 4). These people have to be settled in new areas which lack the natural resources which they enjoyed in their old areas and on which they depended for their survival and their traditional style of life. What exacerbates the situation is that these removals are not accompanied by development programmes to compensate the people for their loss. Furthermore, the establishment of these conservation areas does not offer any incentives for them to appreciated and see the benefit of conservation (Chapters 5 and 6). Furthermore, although some of the conservation legislation anticipates that there should be consultations with, and participation by, the local people before the conservation programmes are implemented in order for them to present their opinions, it does not seem that the government officials charged with the control and administration of the legislation comply with this requirement. The result is that these conservation programmes are met with resistance from the local people, resulting in the government failing to attain the objectives of the legislation. This study will briefly deal with the history and development of conservation legislation in Transkei from the Colonial era (Chapter 2), and examine the provisions of the applicable conservation legislation during the self-government of Transkei including its independence up to its reincorporation into South Africa during April 1994.
A consideration of the squatter issue in relation to the natural environment.
(1995) Maharaj, Maneera.; Milton, John Robert Landrey.
Environmental conservation is the achievement of the highest quality of living for mankind by the rational utilization of the environment. It advocates practices that will perpetuate the resources of the Earth on which man depends or in whose continued existence man takes an interest, and is opposed to the view that resources may always be used in the short run for personal profit or for the immediate benefit of living generations. In addition to the numerous obstacles to environmental conservation, m South Africa conservation has recently also become threatened by the establishment of squatter settlements throughout the country. This study is an attempt to give a general picture of how the squatter issue has been dealt with in South Africa, both legislatively and judicially; and also to examine the implications of these legislative and judicial decisions for environmental conservation. Instances of squatting can be attributed to rapid urbanisation, population growth and housing shortages. Unfortunately the quest for shelter forces people to live in squalor and poverty and these living conditions create many negative environmental impacts. The Prevention of Illegal Squatting Act 52 of 1951 1s the most comprehensive piece of legislation aimed at controlling squatting. However from the cases ansmg out of the provisions of this Act it is clear that environmental protection is not an aim of the Act; instead the Act reflects the State's policies of apartheid, influx control and controlled urbanisation. Recently the Less Formal Townships Establishment Act 113 of 1991 was enacted, in order to prevent squatting, by affording people the opportunity to own homes in less formal settlements. While this Act goes a long way in addressing housing needs it does not do so with due consideration for environmental protection. The single case on this Act also does not concern itself with environmental protection or conservation. This study concludes that, for the moment at least, environmental conservation is not a priority in South Africa. The focus at present is on securing the right to shelter for all South Africans. However, our Constitutional Bill of Rights recognises the right to shelter as well as the right to a healthy environment and the submission of this study is that both these rights should be given equal status.
The decriminalisation of victimless sexual offences.
(1996) Stone, Karen Lara.; Milton, John Robert Landrey.
This dissertation serves as an analysis of the current legislation criminalising both prostitution and homosexuality. The object of the dissertation is to explore the possibility of decriminalisation in the aforementioned areas of the criminal law, on the premise that the criminalisation of the aforementioned areas is not justified. The dissertation provides an overview of the historical progression of the law in relation to the sexual offences of homosexuality and prostitution, and examines the legislative trends that emerge within the historical context. The law and its relation to morality is explored, with the objective of examining whether morality can serve as a sufficient justification for criminalisation of conduct. Additionally the legislative justification for criminalising both homosexuality and prostitution is explored in order to determine the legitimacy thereof The current legislation is defined and examined. The Constitution of South Africa, and specifically the Bill of Rights is investigated to determine whether there can be any foundation therein for an appeal for decriminalisation. Finally, an examination of legislative alternatives is documented. The conclusion is then derived therefrom. The purpose of the dissertation is to examine the decriminalisation of victimless sexual offences, and the results of the research demonstrate favourably towards such an initiative.
Informal settlements, legislation and planning in South Africa.
(1996) Smith, Donovan.; Milton, John Robert Landrey.
Informal settlements in urban areas In South Africa are a result of urbanisation and the inability of past legislation to adequately accommodate informal settlements. The unwillingness of past governments to accept and plan for informal settlements and the resultant lack of infrastructure has and continues to increase the negative impact of informal settlements on the environment. Democracy in South Africa has heralded an era of Constitutional Supremacy. Legislation must be consistent with the constitution. A future constitution is likely to include a right to housing, as well as property and environmental rights. These rights as well as the framework provided in the Constitution for the different levels of government have important implications for informal settlements. The government will be unable to provide formal housing for everyone. Informal settlements will therefore need to form a part of a solution to the housing crisis in South Africa. If the negative environmental consequences of informal settlements a􀁻 to be minimised, and informal settlements are to provide safe and secure shelters then South Africa will require effective planning legislation. Planning legislation in South Africa is presently fragmented and ineffective. This is also true of land and housing legislation. The Prevention of Illegal Squatting Act 52 of 1951 is a reactive piece of legislation which does not have a constructive role to play fn planning for informal settlements. Relatively new legislation such as the Development Facilitation Act 67 of 1995 and the Less Formal Township Establishment Act are crisis orientated and -are not alternatives to coherent long term planning legislation. Various national discussion documents pertaining to planning, land and housing should be used to formulate comprehensive planning legislation. It must be ensured that this legislation provides for the needs of informal settlements. It should also ensure that informal settlements are the responsibility of all three tiers of government, and local and provincial government have sufficient powers to assist in providing a solution to the problems of informal settlements. The legislation should also incorporate the concept of Environmental Impact Assessment to ensure that development is sustainable. Present legislation is inadequate. Effective planning legislation must be established in order to ensure informal settlements are able to provide safe and healthy environments.
Pre-admission legal education in South Africa : an assessment of the dominant patterns influencing the transmission of legal knowledge.
(1998) Ogúnrónbi, Sunday Oládókun.; Milton, John Robert Landrey.
The purpose of this study was to narrate the major influences shaping the construction and transmission of legal knowledge in South Africa. The paper contends that these influences revolved around the role of the state, the profession, and the university law schools. The conceptual framework informing the study was the place of values in policy measures intimately affecting legal education. The values connection is contextual and not formal or abstract. It is the politics of legal education. The study revisited the site of the current debates in legal education, that of the divide between practical and academic education/training, and the staging of academic and professional education. Particular attention was also paid to the considerations allowed in determining the content of law studies. The role of legal education and training in promoting adversarialism and litigiousness was addressed. Of the three major stakeholders in legal education, the state wields more influence than others. The fresh political dispensation in the country has further supported the state's intervention in legal education. Most of the policies introduced by the state revolve around the enhancement of opportunities for the previously disadvantaged to gain access to legal education. The spate of . government measures in this regard is still growing. The effects of government policy measures like the Outcomes-based Education, the under preparedness of a segment of the student population for law study, admission of more students in the face of tension between a 'mass' and ' elite' system, and the growing diversity in the law schools, are some of the social factors identified in this study. The study concluded with an expression of optimism in the system even in face of frictions and tensions, As envisaged for this exercise, a number of the issues identified were not fully explored. .It is expected that further research may be conducted to determine the far reaching consequences of the factors thus identified.
The protection of the environment through the use of criminal sanctions : a comparative analysis with specific reference to South Africa.
(2002) Kidd, Michael Anthony.; Milton, John Robert Landrey.
The purpose of this work is to examine critically the use of criminal sanctions in the enforcement of environmental law in South Africa. The two principal issues considered are, first, whether criminal sanctions are the best enforcement instrument and, if not, what alternative enforcement tools exist. Second, the thesis considers ways in which the use of criminal sanctions can be made more effective in those cases where it is found that criminal sanctions do have a role to play. In determining the object of criminal law in the context of environmental regulation, it is concluded that the primary aim is deterrence. The question that this raises is whether deterrence can adequately be achieved through use of alternatives to the criminal sanction. A comprehensive analysis of South African environmental legislation reveals an overwhelming reliance on the command and control approach to regulation, with criminal sanctions being used in almost all cases as the primary enforcement mechanism. It is argued that there are several shortcomings of criminal law that militate against its use as the default enforcement mechanism and the conclusion reached is that they should be reserved for the most serious contraventions of the environmental law. The thesis examines several viable alternatives to criminal sanctions, both administrative and civil, and makes recommendations as to how these can be used effectively instead of criminal sanctions. Following this initial conclusion, the focus then shifts onto how the use of criminal sanctions can be improved in those (serious) cases for which they should be reserved. It is agued, first, that the use of strict criminal liability is not necessary. This is followed by an examination of vicarious and corporate liability where recommendations are made for ways in which these aspects can be improved. The issue of sentencing environmental crime is then considered and it is argued that penalties are largely adequate but suggestions are made as to innovative sentencing options. Finally, several procedural improvements are put forward. In conclusion, a model enforcement chapter for environmental legislation is mooted, taking into account the various recommendations made in the course of the thesis.
Townscape conservation (with reference to Pietermaritzburg).
(1994) Humphries, Fiona Anne.; Milton, John Robert Landrey.
Our environment (built and natural) is a thing of beauty and value, an inheritance, created by our forefathers for us and for future generations. In South Africa , conservation of cities has only recently become a reality. This study is an attempt to give a general picture of the conservation related mechanisms of townscape conservation in South Africa, with particular reference to Pietermaritzburg. Townscape conservation legislation in South Africa is presently administered in separate and unrelated sets of legislation. The National Monuments Act 28 of 1969 (chapter 2) on the one hand and the physical planning legislation (chapter 4) which is contained in a variety of provincial and local legislation on the other. There is also the Environment Conservation Act 73 of 1989 and other mechanisms (chapter 3) which incidentally promote the conservation of the South African townscape. This study will examine the legal principles available to the different mechanisms which facilitate townscape conservation, with particular reference to the City of Pietermaritzburg (chapter 5).