Bridging the gap between legislation and implementation: strategies for improved implementation of South Africa’s marine living resource legislation
Tembo, D.J. (2024). Bridging the gap between legislation and implementation: strategies for improved implementation of South Africa’s marine living resource legislation, in: Jones, C. (Ed.) Governing oceans: Policy development, implementation and evaluation. Political Science and Public Policy, : pp. 34-60. https://dx.doi.org/10.4337/9781035315598.00010 In: Jones, C. (Ed.) (2024). Governing oceans: Policy development, implementation and evaluation. Political Science and Public Policy. Edward Elgar Publishing: Cheltenham, Northampton. ISBN 978 1 0353 1558 1. xv, 187 pp. https://dx.doi.org/10.4337/9781035315598, more In: Political Science and Public Policy. Edward Elgar Publishing: Cheltenham. , more |
| Keywords | Implementation
Legislation
Marine/Coastal | | Author keywords | Marine living resources; Governance |
| Abstract | South Africa has favourable marine living resource legislation that not only mirrors the key fisheries management principles promoted by the international legal order but integrates the key aims of the Food and Agriculture Organization (FAO) Code of Conduct. However, the implementation of various aspects of the legislation continues to be a challenge for the country and has resulted in increased pressure on the marine and coastal environments, many instances of poor policing, corruption, and heightened levels of illegal, unreported, and unregulated fishing. This chapter investigates the factors contributing to poor implementation of marine living resource legislation and makes recommendations for improved implementation, bridging the gap between legislation and implementation, and thereby ensuring sustainable use of marine living resources for the benefit of all citizens. Human resource and financial limitations, enforcement challenges, numerous and irregular changes in governance structures, and inadequate penalties that do not reflect the severity of the crimes associated with marine living resources, have contributed to poor implementation. These factors have highlighted a need for amendments to the penal code, more transparent processes that do not compromise the functioning and effectiveness of state institutions, and greater attention in addressing the human resources and financial limitation, as well as the enforcement challenges associated with addressing pressures on marine living resources. |
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