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PhD on urban pacification, a pioneering contribution to town planning in South Africa

07 December 2023 | Story Leonie Bolleurs | Photo Charl Devenish

Dr Michelle Goliath completed her PhD in the Department of Urban and Regional Planning at the University of the Free State (UFS) and received her qualification during the December graduations.

The PhD, which she began in 2018 under supervision of Prof Malene Campbell, is titled Urban Pacification Strategies and Solutions: Towards a Contested Space Theory of Artisanal Mining.

The focus of her thesis was on finding strategies to address informal mining in urban areas. “It considers the formalisation of informal miners, adapted land use management, risk management solutions, and action research to solve complex problems. In addition, it also looks at the social, economic, and environmental dimensions of the challenge and proposes a unique practical methodology on how to solve similar complex problems and challenges that urban planners and policy makers face daily,” explains Dr Goliath.

A foundation for informed decision making

She is of the opinion that her research provides a foundation for informed decision making by town planners who seek to proactively address and mitigate challenges around artisanal mining.

Dr Goliath’s thesis introduces innovative strategies for managing land use specifically designed for the challenges of artisanal mining. She believes that recognising the importance of flexible and innovative land-use policies demonstrates a deep understanding of the spatial aspects involved in effectively accommodating and regulating artisanal mining activities. As reported by Dr Goliath, this customised approach ensures that the rules fit the unique characteristics of artisanal mining, promoting sustainable urban development.

Moreover, by integrating action research methodologies into the thesis, a dynamic and collaborative element is introduced into the decision-making process. She says that engaging in practical, on-the-ground research in collaboration with practitioners – in this instance a community of women artisanal miners in Kimberley – advocates for evidence-based decision making in urban planning. “This approach not only enriches the theoretical foundation of the thesis, but also ensures that the proposed solutions are rooted in the practical realities of the South African context,” she states.

Furthermore, the thesis offers both theoretical insights and practical policy recommendations, ensuring that its research findings extend beyond academia. These insights are directly applicable to the challenges confronted by town planners in South Africa and policy planners in other SADEC countries who are still navigating the policy process for similar challenges. “The incorporation of global trends in artisanal mining allows for a comparative approach, enhancing the relevance and transferability of the recommendations both locally and internationally,” remarks Dr Goliath.

The impact of empowerment

She says it is fulfilling to witness the transformative impact of empowerment. “Engaging with and supporting women in the artisanal mining sector has not only enhanced their economic opportunities but has also contributed to broader social and community development. It is the empowerment of these women, their resilience, and the tangible positive shifts in their lives that stand out as the most rewarding and impactful outcomes of my work in Kimberley.”

Besides the opportunity to help this group of women, she was also excited about the chance to contribute new knowledge and insights to the field. “The process of delving into unexplored aspects of artisanal mining in Kimberley, conducting thorough investigations, and analysing longitudinal data has been intellectually stimulating,” she states.

“The prospect of offering novel perspectives, innovative solutions, and evidence-based recommendations through my research is particularly thrilling. Witnessing the potential for this work to make a meaningful impact on policies, practices, and the lives of individuals involved in artisanal mining adds a sense of purpose and excitement to the research journey,” concludes Dr Goliath.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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