18.1 Introduction
This chapter uses an evidence-based policy-making lens to trace biological invasionrelated policy and legislation in South Africa from the mid-1800s to the present. It
does this in an attempt to assess how the governance of biological invasions has
evolved over time in response to changes in science, politics, fashion, public opinion
and sentiment. The chapter begins with an explanation of what is meant by evidencebased policy and legislation. It then moves to an overview of historical developments and trends. In this regard it is noted that the time span covered in the chapter
straddles a range of historically important political changes. While it cannot, within
the scope of the work, address approaches in African customary law to the management of invasive alien species, it does address the approach under colonialism;
unified, but apartheid-driven, South Africa; and the new democratic dispensation.
This historical analysis is used to inform some tentative and speculative thoughts
about how the policy and legislative regime may, or could, evolve to meet the new
and emerging policy drivers.
18.2 Background to Current Governance, Policy,
and Legislation
Government policy can be defined as a description of the things that government
hopes to achieve and the methods and principles it will use to achieve them
(Education and Training Unit, n.d.). It therefore defines government’s goals and
can be used as a basis for decision-making by providing direction on key positions,
especially where there are no clear right or wrong answers. As its name implies,
policy provides clarity on the political position of government.
Although policy itself is not law, it may often identify the need for legislation to
be developed or improved. The resulting legislation will set out the binding and
enforceable rules which have been adopted by a law making body—normally, at the
national level, Parliament or the Minister in the case of subordinate legislation such
as Regulations and Notices. It prescribes what is, or is not, allowed and in the case of
things that are conditionally allowed—the standards, procedures and, sometimes,
principles that must be followed. If a law is not followed, those responsible for
breaking it can incur consequences such as being prosecuted.
If policy sets out the goals and planned activities of government, the law
empowers government to put the necessary institutional and legal frameworks in
place to achieve the policy goals. Therefore, ideally, law must be guided by current
government policy (Education and Training Unit, n.d.).
Currently, the first step in South African government policy-making is the
political party conference where political parties discuss, debate and agree their
positions and approach to specific issues. The second step is the attempt by the ruling
party to make its policy the official government policy. To this end the executive
516
P. Lukey and J. Hall
This chapter uses an evidence-based policy-making lens to trace biological invasionrelated policy and legislation in South Africa from the mid-1800s to the present. It
does this in an attempt to assess how the governance of biological invasions has
evolved over time in response to changes in science, politics, fashion, public opinion
and sentiment. The chapter begins with an explanation of what is meant by evidencebased policy and legislation. It then moves to an overview of historical developments and trends. In this regard it is noted that the time span covered in the chapter
straddles a range of historically important political changes. While it cannot, within
the scope of the work, address approaches in African customary law to the management of invasive alien species, it does address the approach under colonialism;
unified, but apartheid-driven, South Africa; and the new democratic dispensation.
This historical analysis is used to inform some tentative and speculative thoughts
about how the policy and legislative regime may, or could, evolve to meet the new
and emerging policy drivers.
18.2 Background to Current Governance, Policy,
and Legislation
Government policy can be defined as a description of the things that government
hopes to achieve and the methods and principles it will use to achieve them
(Education and Training Unit, n.d.). It therefore defines government’s goals and
can be used as a basis for decision-making by providing direction on key positions,
especially where there are no clear right or wrong answers. As its name implies,
policy provides clarity on the political position of government.
Although policy itself is not law, it may often identify the need for legislation to
be developed or improved. The resulting legislation will set out the binding and
enforceable rules which have been adopted by a law making body—normally, at the
national level, Parliament or the Minister in the case of subordinate legislation such
as Regulations and Notices. It prescribes what is, or is not, allowed and in the case of
things that are conditionally allowed—the standards, procedures and, sometimes,
principles that must be followed. If a law is not followed, those responsible for
breaking it can incur consequences such as being prosecuted.
If policy sets out the goals and planned activities of government, the law
empowers government to put the necessary institutional and legal frameworks in
place to achieve the policy goals. Therefore, ideally, law must be guided by current
government policy (Education and Training Unit, n.d.).
Currently, the first step in South African government policy-making is the
political party conference where political parties discuss, debate and agree their
positions and approach to specific issues. The second step is the attempt by the ruling
party to make its policy the official government policy. To this end the executive
516
P. Lukey and J. Hall