An exploration of conflict related to land holding entities in the South African land reform process
- Authors: Georghiades, George
- Date: 2017
- Subjects: Land reform -- South Africa Land tenure -- South Africa , Conflict management -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/15600 , vital:28275
- Description: This evaluative study aims to identify and analyse conflicts within the South African land reform process that have manifested within Communal Property Institutions, and so doing, devising and providing a mechanism that will assist conflict practitioners to approach these conflicts in an informed manner. It further intends to provide for an approach in order to restore social justice to the land reform process, and so doing, suggesting resolution mechanisms to assist in the process for the reasons that this restoration of land rights was originally intended. This study further seeks to investigate the causes, actions and consequences of protagonistic land claimants and beneficiaries within the land reform process, who have created conflict within their communal property institutions, at the expense of those beneficiaries who are subsequently deprived of their land rights. According to Coate and Rosati (1988), human needs are a powerful source of explanation of human behaviour and social interaction. All individuals have needs that they strive to satisfy, either by using a system of “acting on the fringes” or acting as a reformist or revolutionary. Given this condition, social systems must be responsive to individual needs, or be subject to instability and forced change, possibly through violence or conflict). Humans need a number of essentials to survive. According to the renowned psychologist Abraham Maslow and the conflict scholar John Burton, these essentials go beyond just food, water, and shelter. They include both physical and non-physical elements needed for human growth and development, as well as all those things humans are innately driven to attain. For Maslow, needs are hierarchical in nature. That is, each need has a specific ranking or order of obtainment. Maslow's needs pyramid starts with the basic items of food, water, and shelter. These are followed by the need for safety and security, then belonging or love, self-esteem, and finally, personal fulfilment (Rothman J, 1997). Burton and other needs theorists who have adopted Maslow's ideas to conflict theory, however, perceive human needs in a different way, being rather as an emergent collection of human development essentials (Burton J, 1990). Furthermore, they contend needs do not have a hierarchical order. Rather, needs are sought simultaneously in an intense and relentless manner (Rothman J, 1997). Needs theorists' list of human essentials include safety, a sense of belonging (love), self esteem, personal fulfilment,identity, cultural security, freedom, distributive justice, and participation. The South African land restoration process relies largely on the Constitution of South Africa (1996), with the preamble thereof as its tenets. The three land reform programmes that emanate from the Constitution are the Land Redistribution Programme, the Land Tenure Reform programme, and the Land Restitution programme, which have been used in this study as the point of departure from which deviations are measured and analysed. A number of Communal property Institutions have been considered, the findings of which have been evaluated, investigated and analysed, in order to achieve the aims of this study.
- Full Text:
- Date Issued: 2017
An exploration of conflict related to land holding entities in the South African land reform process
- Authors: Georghiades, George
- Date: 2017
- Subjects: Land reform -- South Africa Land tenure -- South Africa , Conflict management -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/15600 , vital:28275
- Description: This evaluative study aims to identify and analyse conflicts within the South African land reform process that have manifested within Communal Property Institutions, and so doing, devising and providing a mechanism that will assist conflict practitioners to approach these conflicts in an informed manner. It further intends to provide for an approach in order to restore social justice to the land reform process, and so doing, suggesting resolution mechanisms to assist in the process for the reasons that this restoration of land rights was originally intended. This study further seeks to investigate the causes, actions and consequences of protagonistic land claimants and beneficiaries within the land reform process, who have created conflict within their communal property institutions, at the expense of those beneficiaries who are subsequently deprived of their land rights. According to Coate and Rosati (1988), human needs are a powerful source of explanation of human behaviour and social interaction. All individuals have needs that they strive to satisfy, either by using a system of “acting on the fringes” or acting as a reformist or revolutionary. Given this condition, social systems must be responsive to individual needs, or be subject to instability and forced change, possibly through violence or conflict). Humans need a number of essentials to survive. According to the renowned psychologist Abraham Maslow and the conflict scholar John Burton, these essentials go beyond just food, water, and shelter. They include both physical and non-physical elements needed for human growth and development, as well as all those things humans are innately driven to attain. For Maslow, needs are hierarchical in nature. That is, each need has a specific ranking or order of obtainment. Maslow's needs pyramid starts with the basic items of food, water, and shelter. These are followed by the need for safety and security, then belonging or love, self-esteem, and finally, personal fulfilment (Rothman J, 1997). Burton and other needs theorists who have adopted Maslow's ideas to conflict theory, however, perceive human needs in a different way, being rather as an emergent collection of human development essentials (Burton J, 1990). Furthermore, they contend needs do not have a hierarchical order. Rather, needs are sought simultaneously in an intense and relentless manner (Rothman J, 1997). Needs theorists' list of human essentials include safety, a sense of belonging (love), self esteem, personal fulfilment,identity, cultural security, freedom, distributive justice, and participation. The South African land restoration process relies largely on the Constitution of South Africa (1996), with the preamble thereof as its tenets. The three land reform programmes that emanate from the Constitution are the Land Redistribution Programme, the Land Tenure Reform programme, and the Land Restitution programme, which have been used in this study as the point of departure from which deviations are measured and analysed. A number of Communal property Institutions have been considered, the findings of which have been evaluated, investigated and analysed, in order to achieve the aims of this study.
- Full Text:
- Date Issued: 2017
South African labour law and conflict resolution: towards a theoretical critique
- Authors: Jooste, Nico
- Date: 2016
- Subjects: Labor disputes -- South Africa , Conflict management -- South Africa , Mediation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/7417 , vital:21357
- Description: The intention of this treatise is to reflect on the concept, as well as on the theory, of conflict resolution and to investigate whether the mechanisms of true conflict resolution are afforded within the structures and instruments provided for by the South African Labour Relations Act (66 of 1995). The Act aims to give effect to one of its primary purpose of advancing labour peace by attempting to promote the effective resolution of labour disputes through a very sophisticated system of dispute resolution. What is of great significance is that The Commission for Conciliation, Mediation and Arbitration (CCMA) has been experiencing an increasingly high rate of disputes referred to it since its inception in 1996. In my review I established that the dispute resolution system is a construction of rules and statutes which concentrates on rights, rather than on conflict management. However, rights only imperfectly reflect basic human needs, which continue to dominate human behaviour mechanisms that indeed facilitate processes and guidelines of resolving labour disputes, but fail to acknowledge and make provision for the resolution of a latent or manifest conflict. The instruments afforded by the Labour Relations Act (66 of 1995) fail to explore and entertain the needs most relevant and significant to the perception of social conflicts such as security, identity, personal development and recognition as suggested by conflict theorists and scholars. It also fails to acknowledge that parties to a dispute undergo psychological changes that could flow over to community changes and group dynamics as the parties become polarised and become more contentious as the conflict escalates. My review gave more substance to my original assumption that the current South African labour dispute resolution system does not harmonize itself with its own objective of promoting true labour peace.
- Full Text:
- Date Issued: 2016
- Authors: Jooste, Nico
- Date: 2016
- Subjects: Labor disputes -- South Africa , Conflict management -- South Africa , Mediation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/7417 , vital:21357
- Description: The intention of this treatise is to reflect on the concept, as well as on the theory, of conflict resolution and to investigate whether the mechanisms of true conflict resolution are afforded within the structures and instruments provided for by the South African Labour Relations Act (66 of 1995). The Act aims to give effect to one of its primary purpose of advancing labour peace by attempting to promote the effective resolution of labour disputes through a very sophisticated system of dispute resolution. What is of great significance is that The Commission for Conciliation, Mediation and Arbitration (CCMA) has been experiencing an increasingly high rate of disputes referred to it since its inception in 1996. In my review I established that the dispute resolution system is a construction of rules and statutes which concentrates on rights, rather than on conflict management. However, rights only imperfectly reflect basic human needs, which continue to dominate human behaviour mechanisms that indeed facilitate processes and guidelines of resolving labour disputes, but fail to acknowledge and make provision for the resolution of a latent or manifest conflict. The instruments afforded by the Labour Relations Act (66 of 1995) fail to explore and entertain the needs most relevant and significant to the perception of social conflicts such as security, identity, personal development and recognition as suggested by conflict theorists and scholars. It also fails to acknowledge that parties to a dispute undergo psychological changes that could flow over to community changes and group dynamics as the parties become polarised and become more contentious as the conflict escalates. My review gave more substance to my original assumption that the current South African labour dispute resolution system does not harmonize itself with its own objective of promoting true labour peace.
- Full Text:
- Date Issued: 2016
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