History on trial: a study of the Salem commonage land claim
- Authors: Bezuidenhout, GJW
- Date: 2020
- Subjects: South Africa. Restitution of Land Rights Act, 1994 , Salem (South Africa) -- History , Land tenure -- Law and legilstion -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/146647 , vital:38545
- Description: This thesis critically examines the Salem commonage claim, a dispute that has shaken the hamlet of Salem to its core. On ground level it has caused racialized fault lines to reopen, while suspicion and distrust has also grown between the black Africans of the area as well. On a national level, the Constitutional Court judgement has potentially set a precedent with regards to its jurisprudential approach in determining the validity of land claims in South Africa. Its interpretation of the law was determined by the restorative justice jurisprudence enshrined in the Restitution of Land Rights Act 22 of 1994 (the Act). It based its own understanding of the history of the commonage on this jurisprudence. In a bold step towards realising the aims and purposes of the Act, the Constitutional Court found that both the black African claimants as well as the white landowners have equal rights to the land. One of the reasons why the decision of the Constitutional Court is ground-breaking is that the dispute involves a former commonage – land used for common purpose. The Constitutional Court emphasised that the Act was an “extraordinary piece of legislation” and had to be interpreted in such a way so as to address the injustices of the past. This included provisions of the Act which dealt with how oral testimonies from claimants would be dealt with. Another interesting feature was the heavy reliance by all parties on expert witnesses in the persons of eminent historians, Professors Martin Legassick and Herman Giliomee. This case gave much-needed clarification as to what the appropriate role of an expert historian witness may be in a land claim. The success or failure of land claims often depend on the weight of the evidence supplied by the expert historian witness. But the historian must also take cognisance of the fact that the evidence s/he gives is appropriate according to the scope of law. This case also dismisses the assumption that colonial instruments of land assignation are beyond reproach. These instruments which grant rights to land may also be scrutinised in a court of law, just like when oral testimony is tested for its credibility. This is important to note, especially when balancing land rights of the claimants against those of the landowners. This thesis agrees with the decision taken by the Constitutional Court in this instance. However, it also cautions that such softly-softly approaches may appear as a suitable compromise on paper, but the feeling on the ground may not be as receptive to reconciliation as what the courts would have hoped for. To the jurist, this judgement accurately encapsulates the purpose and aims of the Act. However, such a judgement may not seem satisfactory to the people of Salem. The decisions of the Salem commonage case are sure to inform the discourse of land claims in South Africa.
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- Date Issued: 2020
A sociological understanding of urban governance and social accountability: the case of Bulawayo, Zimbabwe
- Authors: Sivalo, Delta Mbonisi
- Date: 2019
- Subjects: Zimbabwe -- Politics and government -- 1980- , Municipal government -- Zimbabwe -- Harare , Municipal government -- Sociological aspects-- Zimbabwe -- Harare , Municipal government -- Citizen participation -- Zimbabwe -- Harare
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/71515 , vital:29860
- Description: This thesis seeks to understand the ways in which urban governance and urban-based civic participation interact with each other in contemporary Zimbabwe, with a particular focus on the factors influencing and shaping social accountability and effective citizen involvement in urban governance processes. This main objective is pursued with specific reference to Bulawayo, which is one of two metropolitan centres in Zimbabwe. The focus is specifically on questions around social accountability, citizen participation and centralised urban governance. In this regard, it is important to recognise that social accountability and urban governance need to be understood in the context of their inherent relationship and how these both shape and determine each other. In this respect, there is need to probe the foundations that shape the lived experiences of communities, through social accountability and urban governance, and how these pattern development and social change. Zimbabwe for over a decade now has gone through a series of economic and political crises which have impacted detrimentally on urban governance. With the economy in free-fall, local authorities have had to pursue a range of strategies to sustain themselves. These socio-economic conditions have forced a change in relations between the state, cities and citizens. Many studies have examined this regarding the politics of contestation between the ruling party (ZANU-PF), the state, and the main opposition party (MDC) in urban governance in Zimbabwe. However, this study zeros in on social accountability and how it is shaped by the prevailing socio-economic and political environment in Zimbabwe. At the same time, the lived experiences of communities vary and this variance influences and affects social accountability interventions and outcomes in cities like Bulawayo. Importantly, the thesis offers a longitudinal study which can map the contextual factors affecting and influencing social accountability in Bulawayo over time. Though recognising the debilitating effects of centralised urban governance on social accountability, the thesis also raises questions about the shifting, and often tenuous, relationship between the city and the central state, on one hand, and the city and its citizens on the other. In doing so, it considers the role of citizens, institutions and actors in responding to the impacts of urban governance and social accountability. In pursuing this thesis, a range of mainly qualitative research methods were used, including key informant interviews, focus group discussions, observation and use of documents. In the end, the thesis offers a nuanced analysis of the everyday complexities and challenges for social accountability in urban Bulawayo, Zimbabwe and thereby contributes to theorising social accountability and urban governance in Africa more broadly.
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- Date Issued: 2019