Theses and Dissertations (Public Law)

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A comparative analysis of Swaziland’s Environmental Impact Assessment (EIA) laws
Dlamini, Mehluko (University of Pretoria, 2016-10)
N/A
Judicial deference as a lens through which to see the application of the principle of complementarity under the rome statute
Ncame, Noluthando (University of Pretoria, 2019-10)
This dissertation sets out to achieve an alternative approach to assessing complementarity. In this respect, it seeks to provide a new approach for the Court to follow to ensure that it complies with the complementarity regime of the Court. The core content, from a legal perspective, of the principle of complementarity in the Rome Statute is identified and explored. This is achieved by looking at how previous international tribunals have addressed the distribution of jurisdictional competence between international and domestic jurisdiction. This essence of the principle of complementarity as it stands in article 17 of the Rome Statute, which is the heart of the Court’s complementarity regime, is set out. The study addresses the situations in Libya, Kenya, Uganda and the Sudan. In addressing these situations an attempt will be made to establish the manner in which the ICC applies the principle of complementarity. A critically analyse the judgements delivered by the Court on admissibility in the context of these situations is carried out. In the situation in Sudan, there has not been a formal admissibility challenge brought before the Court. However, even there the tensions arising from the distribution of jurisdictional competence also plays itself out in the rhetoric relating to the ICC’s exercise of jurisdiction in that situation. These are distilled principally from the AU High Level Panel report on Sudan. This paper proposes that the judges of the Court need to embrace a deference doctrine to assist them in the task of realising the complementary nature of the Court. The following deference doctrines are set out: exhaustion of domestic remedies, margin of appreciation, proportionality, rationality, reasonableness and judicial deference. These doctrines are then tested against the four situations. It is concluded that the ideal deference doctrine for the ICC is one that has a supervisory element to it. It is recommended that this doctrine should be incorporated into the system by the judge through their inherent powers rather than by an amendment of the Rome Statute, as that would be unrealistic.
The interaction between medical ethics, case law and the National Health Insurance : a discussion of the South African health care crisis
Beukes, Eunette (University of Pretoria, 2016-11)
N/A
Peremptory norms of general International Law (Jus Cogens) and the obligation to mitigate climate change : assessing the prospects for the emergence of a Jus Cogens obligation to mitigate climate change
Luhandjula, Yasmine (University of Pretoria, 2025-05-01)
This study examines the evolving relationship between jus cogens norms and the international obligation to mitigate climate change. Jus cogens norms are defined as peremptory norms of general international law “accepted and recognized by the international community of States as a whole as norms from which no derogation is permitted, and which can be modified only by a subsequent norm of general international law having the same character.” In essence, jus cogens norms represent the most fundamental and hierarchically superior rules of the international legal order. Their non-derogable nature renders them universally binding on all States, irrespective of consent, thereby reflecting and protecting the most fundamental values of the international community.Against this backdrop, the study investigates whether the obligation for States to reduce greenhouse gas emissions has attained, or may in the future attain, a jus cogens status under international law. The inquiry was grounded on the increasing recognition among States that climate change is an “existential threat to humanity,” with consequences severe enough to endanger the continued survival of humankind. Applying an established criteria for the identification of jus cogens norms, the study systematically assessed the legal foundations, scope, and normative character of States’ mitigation obligations as reflected in treaty and customary international law.The findings demonstrate that States are legally bound, both through treaty-based obligations and customary international law, to take measures to mitigate climate change. However, the study concludes that while these obligations have not yet attained a jus cogens status, the study argues that the universal threat posed by climate change and the moral imperative to prevent catastrophic harm strongly support the gradual elevation of this obligation to a peremptory norm of general international law (jus cogens).
Wild Coast perspectives on pragmatic approaches to just and equitable remedies in environmental law
Ramdunee, Michaela L. (University of Pretoria, 2025-09)
This study examines pragmatic approaches to just and equitable remedies in environmental law cases where there has been a substantial failure to comply with one or more legal requirements in obtaining oil and gas exploration licences in South Africa. The central aim of the study is to address the question of how just and equitable remedies can be formulated while striking a pragmatic balance between capital and economic opportunities and the protection of constitutional rights. This study employs doctrinal legal research and comparative legal research. This study draws on case law, the Constitution, Statutes, regulations, and academic writings. Doctrinal legal research is employed to discuss the core principles of environmental pragmatism and its underlying theory. Comparative legal research is used to compare the theory of environmental ethics with environmental pragmatism in outlining a framework for environmental pragmatism. The findings of this study suggest that environmental pragmatism has emerged as a guiding theory in the development of environmental ethics and environmental justice. Relief guided by environmental pragmatism will be fair as opposed to relief that is formulated with strict adherence to statutes and legal precedent. As reflected in the Wild Coast (SCA) case, just and equitable remedies in environmental law cases should involve a pragmatic approach. Policymakers in environmental cases must give preference to pragmatism when developing policy, and the judiciary should approach these cases from a pragmatic viewpoint when issuing relief. The conclusions drawn highlight that environmental pragmatism aligns closely with the goals of just and equitable remedies in legal practice.
Assessing the beneficiaries of the broad-based black economic empowerment programme within the normative framework of international law and the constitution
Gerber, Gideon Adolf (University of Pretoria, 2025-07)
John 12:6 “Now he did not say this because he cared for the poor but because he was a thief; and having the bag, he took for himself what was put into it”. The Everyday Life Bible
Expropriation of land against the backdrop of transformative constitutionalism
Mbali, Samkelo (University of Pretoria, 2023-10)
Abstract This study investigates the expropriation of land against the backdrop of transformative constitutionalism in South Africa. I examine the current Expropriation Act (new Act) and focus on section 12(3)(a)-(d) which provides for nil compensation in certain instances of expropriation. The lack of a provision expressly allowing expropriations to be done at nil compensation has necessitated an effort to amend section 25 of the Constitution. On 07 December 2021, a motion was tabled in the National Assembly to amend section 25 of the Constitution to allow for expropriations at nil compensation. The motion did not pass because the African National Congress (ANC) fell short of the required two-thirds majority, as neither the Democratic Alliance (DA) nor the Economic Freedom Fighters (EFF) supported the amendment. This failure and the inherent limitations of the old Expropriation Act gave rise to the new Expropriation Act. The main aim of the new Expropriation Act is to better realise the section 25 obligation to redress the result of a past racial discrimination through the expropriation of land that was taken from the majority of black people by the white minority. The current Expropriation Act seeks to address how the state will expropriate land at nil compensation in certain instances. The primary challenge of the new Expropriation Act lies in section 12(3)(a)-(d), which specifies four circumstances under which nil compensation may be applied. However, it also indicates that it is not ‘limited to’ these instances. The list is consequently not exhaustive and in theory, allows for expropriations against nil compensation under other unknown circumstances not stipulated under section 12(3)(a)-(d). The Act creates legal uncertainty and, if not administered with great oversight and frugality, can create a myriad of social and economic problems which include agricultural sustainability, the loss of employment, homelessness, a reluctance by foreign investors and even the possibility of State abuse and corruption. This study compares the new Expropriation Act to the old Expropriation Act. It investigates whether the new Expropriation Act passes constitutional challenges by analysing the limitation of nil compensation in terms of the section 36 limitation clause. Some of the social and economic issues that may arise from the practical implementation of nil compensation are discussed. Transformative constitutionalism as a possible lens to understand and interpret nil compensation is examined. The new Expropriation Act became law on 23 January 2025. Almost immediately, several political parties criticised the promulgation of this Act and indicated their intentions to challenge its legitimacy. This study was undertaken before the promulgation of the Act. However, many of the criticisms lodged at this Act still align with the concerns raised in this study.
The (mis)use of self-defence in international law
Potgieter, Rumandi (University of Pretoria, 2024-10)
The principle of self-defence is a fundamental component of the legal framework aiming to protect states from immediate threats and to preserve international peace and security. However, concerns have arisen in years regarding the misuse or misinterpretation of self- defence, leading to its misuse as a justification for the use of force by states. This research paper aims to critically examine the concern regarding the possible misuse of self-defence in international law. The objective is to explore the various dimensions of this issue, to analyse legal provisions and case law and to propose measures to tackle and mitigate such misuse. This mini-dissertation explores the complex landscape of self-defence in international law, specifically focusing on its potential misuse and the associated enforcement and accountability limitations. It starts by examining the history of self-defence and the principles that constitute the foundation of self-defence, and subsequently, the ambiguities that arise from their interpretation. The mini-dissertation analyses a range of case studies, including the U.S. Drone strikes in Yemen and Pakistan, the U.S. Assassination of Qasem Soleimani and the Saudi Arabia and Yemen conflict; just to name a few. These cases shed light on instances where self- defence principles have possibly been misapplied and on their legal implications. The research reveals challenges in enforcing self-defence actions and ensuring accountability, primarily due to factors such as the veto power within the United Nations Security Council (UNSC) and the absence of an international judicial mechanism for resolving self-defence disputes. It particularly examines debates surrounding interventions inclusion within the United Nations Charter, while advocating for a balanced framework that respects state sovereignty and concurrently protecting human rights and fostering global peace. The mini-dissertation emphasises the need for evolution and advancements in law to effectively adapt to evolving conflicts.
Evaluating the regulatory alignment between special economic zones and governmental beneficiation objectives in South Africa
Strydom, Karin (University of Pretoria, 2024-12)
For a long time, South Africa has been leveraging its mineral wealth to obtain national growth and development. However, despite the abundance of minerals, the extraction thereof does not necessarily translate into direct benefit for the South African society as a whole. Local beneficiation has been touted as vital in ensuring that these mineral resources create national value beyond the mere extraction thereof. A plethora of policies have been introduced to foster local beneficiation. However, as these are mere policies, there is little by way of enforceability. This study examines the regulatory instruments governing beneficiation in contrast with the various goals set out in policies for beneficiation. The Musina-Makhado Special Economic Zone (MMSEZ) project is then used as a practical example of how beneficiation is currently being fostered in South Africa. Specific focus is placed on whether the MMSEZ model can achieve the goals for beneficiation as set out in the policies. This is done by doctrinal legal research methodology, using primary legislation policies and commentary on the policies. Additionally, site-specific agreements relating to the MMSEZ aided in the study as practical application. The study raises various issues that can impact how beneficiation should be regulated to ensure benefit. From a review of the legislation and policies providing for beneficiation, it becomes apparent that the definition of beneficiation as contained in the Mineral and Petroleum Resources Development Act No. 28 of 2002 (MPRDA) is narrow in that it only regards downstream linkages within it definition of ‘beneficiation’. When contrasted with the various policies providing for beneficiation, it becomes evident that the meaning ascribed to beneficiation by the various governmental sectors is far broader than as defined in the MPRDA. The study also examines the extent of the Minister of Mineral Resources’ powers to regulate beneficiation and concludes that they are limited to mineral rights holders only. As a consequence, beneficiation plants are effectively unregulated insofar as compliance with the goals for beneficiation is concerned. As an example of the far-reaching effect of the lack of definitive regulation, the MMSEZ's structure and critique thereof are examined. In contrasting the goals for the MMSE and those set for beneficiation, it is clear that there is significant overlap. However, once the critique is examined, the study shows that insofar as the beneficiation plants themselves are concerned, the contribution of these plants to obtaining the goals for beneficiation was dubious at best. The study suggests that there is a missing link between the lofty ideals and assumed benefits arising from local beneficiation and the necessary mechanism to enforce the achievement of such benefit. It suggests that, as the powers of the Minister of Mineral Resources are limited to mining right holders only, while beneficiation affects various governmental departments, a centralised regulatory authority should oversee beneficiation. By broadening the definition of beneficiation, the intrinsic upstream and side stream linkages could also be regulated by this centralised regulatory authority.
Interpreting the role of judicial review on executive policy decisions : the case of United Democratic Movement v Eskom
Monare, Nkgakga Moshoeshoe (University of Pretoria, 2024-09)
The South African Constitution, 1996, provides for the separation of powers among the three branches of government (the legislature, the executive, and the judiciary) without definitive contours that define the demarcation features of the doctrine. While each branch is obliged to realise and protect the Bill of Rights, the Constitution equally created obligations for each branch to carry out its duties effectively without unconstitutional restriction. This is a constitutional mechanism that sustains and fuels democracy. Section 85(2)(b) of the Constitution accords the executive branch the power to formulate and develop policy without subjecting such policy to constitutional judicial review unless the policy is inconsistent with the Constitution or violates fundamental rights. Section 172(1) obligates the courts to declare “any law or conduct that is inconsistent with the Constitution is invalid to the extent of its inconsistency”. This means that nothing is beyond the scrutiny of the courts. Section 2 also elevates and affirms the supremacy of the Constitution in that any “law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.” The courts are therefore permitted to intervene when the policy, the formulation of which is the province of the executive, is inconsistent with the Constitution. Where the policy does not offend the Constitution, the courts are barred from unconstitutional intrusion into the terrain of the other branches. However, the challenge arises in determining whether a policy is inconsistent with the Constitution, thus allowing the courts to constitutionally interfere with the executive’s policy-formulation function. This research examined whether the North Gauteng High Court acted in line with the separation of powers doctrine when it ordered the executive not to load-shed certain public institutions, declaring such conduct as a violation of fundamental rights. The research used the case of United Democratic Movement v Eskom to illustrate that even if a policy appears to be poorly formulated and unpopular, it is not up to the courts to intervene. Rather, it is up to the voters to force policy changes through political and electoral processes. Such judicial intervention, in the absence of constitutional grounds, is an unmandated intrusion. The research recommended judicial caution and restraint when the courts are faced with policymaking cases with budgetary and resource-allocation implications. The research outlines the critical importance of the separation of powers as a doctrinal hygiene of the Constitution to ensure effective, accountable government and the rule of law. The research posits that there must be clear fundamental rights violation and unconstitutionality to warrant judicial intervention in the executive’s policy functions.
Weaponisation of outer space : a potential to transform peaceful purposes into acts of terrorism
Caunhye, Aeglesia Maria (University of Pretoria, 2024-10-30)
With the increasing reliance on space-based technology to assist with quotidian activities, outer space has become a contended but attractive acquisition for states. However, the risks posed by this reliance, specifically in the form of cyberattacks, may create a different threat for states. Space objects form dual-uses for both military purposes and civilian use. While military purposes are limited to the use of space for peaceful purposes only, article IV of the Outer Space Treaty does not define what the term “peaceful purposes entails” nor what a space weapon might be. This research output shares a perspective on how certain acts conducted by states through cyberattacks into other states’ space assets can transform the peaceful military use of a space object into an altered, weaponised space object and its potential to be used to perform acts of terrorism. An analysis will be conducted on the provisions of the Outer Space Treaty against the provisions of the draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PAROS), and propose amendments which incorporate both legal texts while considering the risk of space terrorism.
Between self-determination and the African union's position on uti possidetis : a legal analysis of Somaliland's secession claim
Mbewe, Nelani Yves (University of Pretoria, 2024-10)
This dissertation explores the complex legal tension between the right to self-determination and the African Union’s (AU) principle of uti possidetis, with Somaliland’s secessionist claim as the focal case. Since declaring its independence from Somalia in 1991, Somaliland has functioned as a de facto state with its own governance structures, yet it remains unrecognised internationally. The dissertation examines whether Somaliland’s pursuit of self-determination under international law justifies its bid for statehood and assesses the AU’s approach to territorial integrity as a significant obstacle to its recognition. In Africa, the AU upholds uti possidetis, a principle originally applied to post-colonial Latin America, which maintains colonial borders to preserve regional stability. This principle challenges movements like Somaliland by prioritising the inviolability of borders over the right to self-determination, especially when such claims threaten existing state boundaries. To understand the AU’s stance, this dissertation reviews foundational documents such as the AU Constitutive Act, which stresses territorial integrity, and significant case law from the African Commission on Human and Peoples’ Rights. The AU has consistently emphasised solutions that uphold existing borders, supporting internal autonomy but rarely endorsing secessionist movements. Examples from African cases, such as the Katanga separatist movement in Zaire, demonstrate the AU’s reluctance to recognise claims that risk fragmenting member states. Somaliland’s case for recognition is rooted in historical factors, including its brief period as an independent state before voluntarily uniting with Somalia in 1960. Its self-determination claim highlights a unique scenario: a stable, democratically governed region seeking recognition due to systemic repression and human violations in its past. However, the AU remains wary, as recognising Somaliland might set a precedent that could encourage other secessionist movements across the continent. In summary, while Somaliland meets the criteria for statehood, its quest for recognition faces substantial challenges due to the AU’s strict adherence to the principle of uti possidetis and territorial integrity, necessitating a nuanced approach that accommodates both stability and the aspirations of self-determination.
African regional remedies for violations of socio-economic rights
Sheik Ahmed Thoken, Asiyah (University of Pretoria, 2024-12)
The study examines the regional protection of socio-economic rights on the African continent, focusing on the normative and institutional frameworks. At the heart of this research paper is the African Charter on Human and Peoples Rights, which provides the basis for the protection of socio-economic rights. Unlike other regional human rights systems, the African human rights system is unique in that it places the protection of civil and political rights on the same footing as socio-economic rights, reflecting the interdependence of these rights. The study further examines the roles that the African Commission and the African Court on Human and Peoples’ Rights play in the protection of socio-economic rights on the continent. Through a detailed analysis of these regional institutional bodies' jurisprudence, activities, and reports, the dissertation evaluates the progress that has been made in the advancement of socio-economic rights protection. Further, the dissertation examines the challenges and barriers these regional institutions face in implementing their protective mandate. These challenges take the form of political resistance, budgetary constraints, and broader structural challenges within the African regional human rights system. The dissertation finds that although the African regional human rights system does have the procedural capabilities to protect socio-economic rights through its institutional bodies, due to various challenges, especially the lack of political will, the regional human rights system lacks the ability to effectively improve the lives of the victims affected by these violations.
The implementation and efficacy of the responsibility to protect doctrine in contemporary armed conflicts : the case of Gaza
Mbedzi, Gundo Oscar Junior (University of Pretoria, 2024-11)
The world is currently facing unprecedented humanitarian crisis and this has larger global implications. The Responsibility to Protect doctrine (R2P), has faced considerable criticisms because of the way it has been implemented in Libya, and its inaction in Syria. The destruction that resulted from the NATO intervention in Libya led to a lot of varying reactions from the international community and divisions in the UN Security Council. Given the extent of gross human rights violations Gaza is currently facing in the wake of October the 7th attacks, it will be interesting to look at whether R2P can be invoked to protect the people of Gaza.
Commentary on case law arising from COVID-19 legislation
Strydom, Beatrix Gertruida Magdalena (University of Pretoria, 2024-12)
Discussion of courts' approach to the rule of law during the pandemic, the protection of fundamental rights and the standards of scrutiny and deference to be applied
An expansive interpretation of the water rights of black dispossessed communities in South Africa
Tshamano, Ompha (University of Pretoria, 2024-10)
The study provides an expansive interpretation of the right to water for black dispossessed communities in post-apartheid South Africa, arguing that the current interpretation of the right to water is insufficient as it does not acknowledge the vital role of water for black dispossessed communities. Drawing on the experiences of the Vhavenda people in the Vhembe district, the study examines water as a focal point of exclusion in traditional water governance, as well as a source of violence through the construction of dams, and as a tool for dispossession and displacement. In this context, water is seen not only as a physical resource but also as a social and symbolic one, with multifaceted associations and implications. The dissertation seeks to advocate for the right to access water and the preservation of the cultural practices of black dispossessed communities in post-apartheid South Africa. It recognises that water is a scarce resource, yet an integral part of people’s identities, culture, and religious beliefs. Therefore, it argues for a broad definition that acknowledges the anthropocentric elements and esoteric dimensions of water in relation to black dispossessed communities.
Remedial secession : the legitimisation of a separatist quest
Du Plessis, Mia (University of Pretoria, 2024-11)
This study examines the moral and legal justifications for remedial secession, which could be pursued by a region or group seeking to form a separate state without the parent state's consent. There are differing opinions on secession in international law, with some scholars arguing that it relates to colonialism only and others highlighting the tensions it can create. The dissertation examines the scope of the right to self-determination, territorial integrity, and remedial secession through self-determination in cases of persecution of human rights. The study will illustrate that although a right to remedial secession is not guaranteed in all circumstances, it is of considerable relevance for protecting human rights in the future. The method adopted in the text is by weighing territorial integrity against self-determination to illustrate that the latter should prevail when a minority group suffers persecution at the hands of the parent state. This approach implies that secession should only be permitted after peaceful resolution methods have been futile. The dissertation concludes by building upon a proposed framework for implementing and structuring a remedial right to secede in international law. While remedial secession remains a contentious issue, it could be a practical solution for addressing human rights violations. If a legal framework for remedial secession exists, the international community could offer a consistent approach to secessionist movements.
Examining the justice paradigms for African feminists in traditional dispute resolution mechanisms : a case study of Nyando Sub-County, Kenya
Nyanjong, Anita Achieng (University of Pretoria, 2024-08)
There appears to be a disjoint between the everyday experiences of justice by rural women justice seekers and what is primarily regarded as progressive jurisprudence by feminist liberal theorists. This disjoint has its genealogy in the global discourse on justice, which presupposes the universalism of justice. Feminist liberal theorists are central in this debate for advancing the idea of the universalism of justice without due regard to the everyday experiences and the power differentials of a diversity of women justice seekers. The idea of the universalism of justice emerges from liberal feminist scholars who criticize the inadequacy of the centrality of women's voices in John Rawls's justice as fairness in the exposition of the original position. This thesis departs from the predominance of male-led and western feminist discourses on justice. It relies on narrations of the lived realities of justice from ordinary women, more so, rural widows in the Nyando sub-county in Kenya who have resolved land and property rights disputes through cultural justice structures, considered by feminists as agents of reinforcing gendered hierarchies. This thesis reveals that traditional dispute resolution mechanisms can provide justice to rural women justice seekers in a manner that is protective of their rights. Relying on the diversity of African feminisms, which are predicated on multiple indicators, this thesis reveals the intersectionality of widows’ identities and their oppression within the context of the study. This thesis argues that the use of western universal ideas of justice as a paradigm for understanding women's oppression isolates the experiences of other women. This thesis argues for an approach which engages with the indigenous or local ideas of justice, focusing on the narratives of justice from the widows’ who are the subjects of this study. This thesis adopts feminist narratology as a methodology and illuminates the dominant individual and group narratives of widows’ pursuit of justice within the Nyando sub-county in Kenya. Paradigms of justice were identified based on recurring motifs during the interviews, including justice as recognition of a right, justice as truth and justice as peace. This thesis recognizes that while justice is not universal but contextual, the paradigms of justice identified may resonate in other similar settings. Finally, although this thesis finds that the traditional dispute resolution mechanisms can provide justice to rural widows, it makes recommendations from its analysis of the context of the justice mechanism in Nyando sub-county. Finally, this thesis argues that African feminist justice paradigms must be seen from the lens of the realities of African women who are at the margins, just like the widows in this study, whose ideas of justice are practical – and where human rights standards materialize in the vernacular.
Regulation of medical tourism in international law
Patel, Saajidah (University of Pretoria, 2023-10)
This paper explores the growing phenomenon of medical tourism, where people travel abroad for healthcare, and the legal challenges this creates due to differing regulations between countries. It examines the effectiveness of existing international legal frameworks governing medical tourism. Key challenges identified include varying standards, enforcement issues, limited legal recourse, and inequalities in access to healthcare. The paper points out gaps in current literature, such as the fragmented nature of legal solutions and the inadequate role of international organisations in regulating medical tourism. The paper critiques international bodies like the WHO, WTO, and WMA for their non-binding nature and lack of enforcement power. In response, it proposes the creation of a new regulatory body, the International Medical Tourism Organisation (IMTO), governed by an International Medical Tourism Treaty (IMT Treaty). This treaty would set standard regulations for medical facilities, including accreditation, patient protection, and mandatory insurance, with mechanisms for handling claims and resolving disputes. The paper also discusses the negative impacts of medical tourism on local healthcare systems, such as resource diversion, price inflation, and the loss of medical professionals. It also considers the potential challenge of foreign investors using Investor-State Dispute Settlement (ISDS) mechanisms to undermine national healthcare regulations. Ultimately, the paper argues that the current legal framework is insufficient and calls for a new, globally recognised regulatory system to ensure safer, more ethical, and equitable medical tourism practices.
South Africa’s space odyssey : to the moon and beyond
Mamafha, Phindulo Maureen (University of Pretoria, 2024-12-07)
The concept of outer space exploration has always been perceived as an abstract idea explored through sci-fi movies and comics. Over the years, this abstract idea seems to have developed into reality. With the emergence of new research by the National Aeronautics and Space Administration (NASA) and the recent technological advancement by aerospace companies such as SpaceX, Blue Origin, and Virgin Galactic, not only has outer space exploration become topical, but it has also sparked different views within the legal fraternity. Since the first Outer Space Treaty was signed in 1967, outer space research has advanced tremendously through outer space exploration. As worldwide research uncovers the benefits of outer space exploration and technology, it is imperative that the regulations of the outer space exploration industry be updated to regulate these new possibilities. As the spacefaring nations develop their policies to allow for current and future possibilities such as asteroid mining, it may seem as though African states such as South Africa have been left behind. Not only has the involvement of African states in outer space exploration become critical to fostering economic development, but it has also presented the opportunity for African states to contribute strategically to global legal and economic debates. This begs the question of the involvement of African states in space exploration activities, particularly South Africa, which is one of the leading economies on the continent. What legislation is South Africa developing to gain investor security and to encourage space exploration activities? What can South Africa learn from other countries that have been leading research in the aerospace industry, such as the USA, Russia and China? What value can be extracted from the collaboration of African countries through the African Union? Lastly, what socio-economic issues may be solved by space exploration and the possibility of space mining? With these key questions in mind, this study seeks to investigate the development of policies by South Africa that conform to international law. It investigates how South Africa may improve its policies to take full advantage of the freedoms granted in Article I of the Outer Space Treaty, and the socio-economic issues that may be solved by space exploration and the possibility of space mining.

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