to include broader natural resource concerns, particularly water, and the environment. Despite this broadening of policy drivers, it is clear from the President’s
Council Report (The President’s Council 1991) that there was a still a policy vacuum
in respect of, for example: how considerations of cost and benefit should influence
control approaches; how interventions should be prioritised; what control
approaches are acceptable; what control strategies should be employed; or whether
interventions should be ad hoc or part of a co-ordinated national campaign,
programme or strategy.
18.7 Governance in the Democratic South Africa
(1994–Present): Internalising a Rights-Based Culture
The regulatory initiatives discussed above were undertaken in isolation of the rapid
developments in international environmental law that were taking place at the time
because of South Africa’s ostracism by the international community. With the
change in political dispensation, 1994—the year when South Africa elected a
democratic government and was reaccepted into the international community in
general and the United Nations Environment Programme activities in particular—
marked the start of a new wave in the regulation of invasive alien species. There were
perhaps two things that provided the impetus for new policy and regulation during
this time. These were South Africa’s ratification of the 1992 Convention on Biological Diversity in 1995, and the adoption of a new constitutional order in 1996.
With regards to the Convention, when South Africa ratified it on 2 November
1995, it incurred an obligation to domesticate the Convention’s requirements,
including those in article 8 and subarticle 8(h) which compel South Africa to “as
far as possible and as appropriate”, “prevent the introduction of, control or
eradicate those alien species which threaten ecosystems, habitats or species”.
Giving effect to this obligation was not without its challenges because government
acknowledged that, “South Africa did not actively participate in the Convention
negotiations and has largely been isolated from discussions around its issues. This
has resulted in a general lack of awareness and understanding of the complex of
issues that it raises.” (Department of Environmental Affairs and Tourism 1997).
18.7.1 The Constitution
Both the 1993 interim Constitution and the final Constitution (Constitution of the
Republic of South Africa 1996) laid the basis for new policy and legislation. This is
because in moving to a constitutional democracy, South Africa also moved to a
rights-based culture. In this regard, the environmental right which is contained in
section 24 of the Bill of Rights says that, “Everyone has the right—
534
P. Lukey and J. Hall
Council Report (The President’s Council 1991) that there was a still a policy vacuum
in respect of, for example: how considerations of cost and benefit should influence
control approaches; how interventions should be prioritised; what control
approaches are acceptable; what control strategies should be employed; or whether
interventions should be ad hoc or part of a co-ordinated national campaign,
programme or strategy.
18.7 Governance in the Democratic South Africa
(1994–Present): Internalising a Rights-Based Culture
The regulatory initiatives discussed above were undertaken in isolation of the rapid
developments in international environmental law that were taking place at the time
because of South Africa’s ostracism by the international community. With the
change in political dispensation, 1994—the year when South Africa elected a
democratic government and was reaccepted into the international community in
general and the United Nations Environment Programme activities in particular—
marked the start of a new wave in the regulation of invasive alien species. There were
perhaps two things that provided the impetus for new policy and regulation during
this time. These were South Africa’s ratification of the 1992 Convention on Biological Diversity in 1995, and the adoption of a new constitutional order in 1996.
With regards to the Convention, when South Africa ratified it on 2 November
1995, it incurred an obligation to domesticate the Convention’s requirements,
including those in article 8 and subarticle 8(h) which compel South Africa to “as
far as possible and as appropriate”, “prevent the introduction of, control or
eradicate those alien species which threaten ecosystems, habitats or species”.
Giving effect to this obligation was not without its challenges because government
acknowledged that, “South Africa did not actively participate in the Convention
negotiations and has largely been isolated from discussions around its issues. This
has resulted in a general lack of awareness and understanding of the complex of
issues that it raises.” (Department of Environmental Affairs and Tourism 1997).
18.7.1 The Constitution
Both the 1993 interim Constitution and the final Constitution (Constitution of the
Republic of South Africa 1996) laid the basis for new policy and legislation. This is
because in moving to a constitutional democracy, South Africa also moved to a
rights-based culture. In this regard, the environmental right which is contained in
section 24 of the Bill of Rights says that, “Everyone has the right—
534
P. Lukey and J. Hall