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PhD (Perspectives on Law), North-West University, Potchefstroom Campus Hydraulic fracturing, the process which facilitates the extraction of shale gas from rock formation from depths of up to two miles below the earth's surface, has the potential to adversely impact environmental and the other categories of human rights. Though hydraulic fracturing is in a planning stage in South Africa, notices have been issued regarding pending administrative decision concerning applications for exploration rights to explore for natural (shale) gas largely in the Karoo region. Concerns similar to those which have been expressed in other jurisdictions regarding the process are also being raised locally. These concerns are exacerbated considering that a significant part of the population of the Karoo region have limited understanding of the issues associated with hydraulic fracturing. Many of them are also poor, which may hinder their effective access to justice. The concern that the adverse effects of hydraulic fracturing may compromise some provisions of the Bill of Rights in the Constitution of the Republic of South Africa, 1996 (hereafter "the Constitution" extends to how people are expected to deal with the challenges of enforcing their rights, especially those relating to the environment. This is because the enforcement of substantive environmental rights is not easily realisable. It is therefore necessary to examine the regulatory framework for hydraulic fracturing in relation to the protection of procedural environmental rights. The research question in this study is "to what extent does the South African legal framework pertaining to hydraulic fracturing provide for the protection of procedural environmental rights?" The study found that the enforcement of environmental rights that may potentially be violated by hydraulic fracturing can be made possible by the application of specific procedural rights. Accordingly, the research considered the legal framework of hydraulic fracturing in relation to procedural environmental rights from the perspectives of the United States of America, the United Kingdom and South African law. Three procedural rights, namely the right of access to information, the right to just administrative action and the right of access to the courts were considered with a view to draw lessons from the foreign jurisdictions for possible improvement of the South African legal framework on the subject. Findings from the study revealed some positive development in the law from the USA and the UK; perspectives that may be considered in South Africa to strengthen the enforcement of procedural environmental rights in relation to hydraulic fracturing. Doctoral

Historically, the heritage sector in South Africa was primarily focused on the preservation of architecture, monuments and buildings. The threat to tangible manifestations of heritage was also globally acknowledged. The scope of protection of cultural heritage has broadened, however, since the enactment of the National Heritage Resources Act 25 of 1999 (the NHRA). Cultural heritage resources subsequently include objects, items or expressions, including traditional and religion-affiliated practices. Cultural heritage is therefore viewed in a broad context that is not limited to the arts, customs and traditions, but incorporates anything and everything about life pertaining to human experiences. The management and protection of heritage resources are governed according to the provisions of the NHRA. Cultural heritage resources are increasingly threatened by factors such as external environmental pressures, urban development, warfare, poverty and a lack of awareness, which are especially encountered on a local level. This raises the question on what the role of state governments and specifically, local authorities are in cultural heritage management. This study explores the authority and functions of local government in relation to cultural heritage resources management and protection. In terms of the schedules of the Constitution of the Republic of South Africa, 1996 (the Constitution), the matter of culture is not a function of local government. This is a function assigned to the national and provincial spheres in terms of Schedules 4A and 5A of the Constitution. However, it can be argued that in the collective, municipalities (as the government sphere closest to the community), have a responsibility to execute any aspects of this function that are incidental to other typical local government affairs. This view finds support in the interpretation of other rights in the Constitution as well as the heritage, environmental and local government framework legislation and policy documents of South Africa. The study further unpacks the cultural governance instruments that have been used by a selected number of municipalities to enable them to protect and manage cultural heritage resources.