Human trafficking in Eastern Cape Province, South Africa
- Authors: Ngwira, Callings Major
- Date: 2011
- Subjects: Human rights -- South Africa -- Eastern Cape , Forced labor -- South Africa -- Eastern Cape , Human trafficking -- South Africa -- Eastern Cape , Human trafficking -- Prevention
- Language: English
- Type: Thesis , Masters , MSc (Geography)
- Identifier: vital:11505 , http://hdl.handle.net/10353/364 , Human rights -- South Africa -- Eastern Cape , Forced labor -- South Africa -- Eastern Cape , Human trafficking -- South Africa -- Eastern Cape , Human trafficking -- Prevention
- Description: Human trafficking has been reported to be on the increase in the Eastern Cape Province of South Africa with girls as young as ten years old being trafficked from and within the Province for sexual and labour purposes, and marriage. Human traffickers operate in rural areas, small towns and cities such as Port Elizabeth and East London. However, research on the role of the law enforcement authorities and the civil society organisations in the fight against trafficking in Eastern Cape Province is largely unknown. Situated within the Security Governance Theory, and using the intensive research design, this research reports on the role of the law enforcement authorities and the civil society organisations in the fight against human trafficking in Eastern Cape Province with emphasis on rural-urban differentiation. The challenges which law enforcement authorities and the civil society organisations faced are also discussed. The study, among other things, found that both the law enforcement sector and civil society organisations in the Province ensured that security, criminal justice, physical, emotional, psychological, health and spiritual needs of rescued victims of trafficking were met. The study further established that there was little progress in the fight against human trafficking, more especially in the rural areas of the Province, due to inadequate cooperation among anti-trafficking organisations and the lack of resources.
- Full Text:
- Date Issued: 2011
- Authors: Ngwira, Callings Major
- Date: 2011
- Subjects: Human rights -- South Africa -- Eastern Cape , Forced labor -- South Africa -- Eastern Cape , Human trafficking -- South Africa -- Eastern Cape , Human trafficking -- Prevention
- Language: English
- Type: Thesis , Masters , MSc (Geography)
- Identifier: vital:11505 , http://hdl.handle.net/10353/364 , Human rights -- South Africa -- Eastern Cape , Forced labor -- South Africa -- Eastern Cape , Human trafficking -- South Africa -- Eastern Cape , Human trafficking -- Prevention
- Description: Human trafficking has been reported to be on the increase in the Eastern Cape Province of South Africa with girls as young as ten years old being trafficked from and within the Province for sexual and labour purposes, and marriage. Human traffickers operate in rural areas, small towns and cities such as Port Elizabeth and East London. However, research on the role of the law enforcement authorities and the civil society organisations in the fight against trafficking in Eastern Cape Province is largely unknown. Situated within the Security Governance Theory, and using the intensive research design, this research reports on the role of the law enforcement authorities and the civil society organisations in the fight against human trafficking in Eastern Cape Province with emphasis on rural-urban differentiation. The challenges which law enforcement authorities and the civil society organisations faced are also discussed. The study, among other things, found that both the law enforcement sector and civil society organisations in the Province ensured that security, criminal justice, physical, emotional, psychological, health and spiritual needs of rescued victims of trafficking were met. The study further established that there was little progress in the fight against human trafficking, more especially in the rural areas of the Province, due to inadequate cooperation among anti-trafficking organisations and the lack of resources.
- Full Text:
- Date Issued: 2011
The role of property rights to land and water resources in smallholder development: the case of Kat River Valley
- Authors: Rantlo, Montoeli
- Date: 2009
- Subjects: Farms, Small -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Rivers -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land use -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc Agric (Agricultural Economics)
- Identifier: vital:11189 , http://hdl.handle.net/10353/386 , Farms, Small -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Rivers -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land use -- South Africa -- Eastern Cape
- Description: Property rights are social institutions that define and delimit the range of privileges granted to individuals of specific resources, such as land and water. They are the authority to determine different forms of control over resources thus determining the use, benefits and costs resulting from resource use. That is, they clearly specify who can use the resources, who can capture the benefits from the resources, and who should incur costs of any socially harmful impact resulting from the use of a resource. In order to be efficient property rights must be clearly defined by the administering institution whether formal or informal and must be accepted, understood and respected by all the involved individuals and should be enforceable. These institutions influence the behaviour of individuals hence the impact on economic performance and development. The thesis has attempted to determine how the situation of property rights to land and water affects the development of smallholders in the Kat River Valley. Data was collected from 96 households who were selected using random sampling. To capture data, a questionnaire was administered through face-to-face interviews. Institutional analysis and ANOVA were used for descriptive analysis to describe the property rights situation, security of property rights and the impact of property rights on the development of smallholder farming. The results show that individual land rights holders have secure rights to land and water resources while communal smallholders and farmers on the invaded state land have insecure rights to land and water resources. The results from institutional analysis show that the situation of property rights negatively affects development of all smallholder farmers in the Kat River Valley. There are various institutional factors that negatively affect development of smallholder farmers in the Kat River Valley. Based on the research findings, some policy recommendations are made. These include consideration of the local context and strengthening of the protection of property rights.
- Full Text:
- Date Issued: 2009
- Authors: Rantlo, Montoeli
- Date: 2009
- Subjects: Farms, Small -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Rivers -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land use -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc Agric (Agricultural Economics)
- Identifier: vital:11189 , http://hdl.handle.net/10353/386 , Farms, Small -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape , Sustainable development -- South Africa -- Eastern Cape , Rivers -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land use -- South Africa -- Eastern Cape
- Description: Property rights are social institutions that define and delimit the range of privileges granted to individuals of specific resources, such as land and water. They are the authority to determine different forms of control over resources thus determining the use, benefits and costs resulting from resource use. That is, they clearly specify who can use the resources, who can capture the benefits from the resources, and who should incur costs of any socially harmful impact resulting from the use of a resource. In order to be efficient property rights must be clearly defined by the administering institution whether formal or informal and must be accepted, understood and respected by all the involved individuals and should be enforceable. These institutions influence the behaviour of individuals hence the impact on economic performance and development. The thesis has attempted to determine how the situation of property rights to land and water affects the development of smallholders in the Kat River Valley. Data was collected from 96 households who were selected using random sampling. To capture data, a questionnaire was administered through face-to-face interviews. Institutional analysis and ANOVA were used for descriptive analysis to describe the property rights situation, security of property rights and the impact of property rights on the development of smallholder farming. The results show that individual land rights holders have secure rights to land and water resources while communal smallholders and farmers on the invaded state land have insecure rights to land and water resources. The results from institutional analysis show that the situation of property rights negatively affects development of all smallholder farmers in the Kat River Valley. There are various institutional factors that negatively affect development of smallholder farmers in the Kat River Valley. Based on the research findings, some policy recommendations are made. These include consideration of the local context and strengthening of the protection of property rights.
- Full Text:
- Date Issued: 2009
A study of the Amathole District Municipality's settlement plan in the light of the land reform and spatial planning measures
- Authors: Zenzile, Mlamli Lennox
- Date: 2008
- Subjects: Land reform -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land settlement -- Government policy -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Land use -- Planning -- South Africa , Restitution -- South Africa -- Eastern Cape , Compensation (Law) -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3700 , http://hdl.handle.net/10962/d1003215 , Land reform -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land settlement -- Government policy -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Land use -- Planning -- South Africa , Restitution -- South Africa -- Eastern Cape , Compensation (Law) -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape
- Description: This study concerns the analysis of policy, and the statutory and regulatory impact of spatial planning on the land reform programme with emphasis on the land reform settlement plan (LSRP) of the Amathole District Municipality (ADM). There is a brief historical overview of the effect of the policy of spatial segregation in both rural and urban areas of the ADM. This study demonstrates, inter alia, the challenges faced by the ADM in both consolidating and physically integrating communities that were hitherto divided across racial lines. The critical question is whether the ADM has the ability to produce a Spatial Development Framework (SDF), which will be responsive to the needs of the region and serve as a catalyst in reversing the physical distortions caused by the land-planning legislation of the apartheid past. The greatest challenge lies in meeting the developmental aspirations of the Development Facilitation Act, 1995, the Local Government: Municipal Systems Act, 2000 and the National Spatial Development Perspective, 2003. Chapter 1 deals with the purpose, research problem and the method of research, as well as the definition of terms used in this research and literature review. Chapter 2 deals with the evolution of central themes of spatial planning and land reform, spatial development plans and integrated development plans (IDPs), the alignment of Amathole SDF and Eastern Cape Spatial Development Plan and the co-ordination of spatial frameworks. Chapter 3 deals with the composition of the ADM and the evolution of the LRSP, as well as land-tenure reform programmes impacting on the Amathole Municipality region. This chapter analyses the settlement plan against spatial planning legislation, the issue of institutional arrangements and mechanisms of consolidated local planning processes. Chapter 5 deals with the thorny issue of participation of traditional leaders in municipal planning and the government’s land-reform programme. Despite the existence of legislation in this regard, implementation seems to pose some difficulties. This chapter also deals with the co-operative governance framework. Chapter 6 is a concluding chapter dealing with the gaps discovered in the Amathole Municipality in the light of existing legislation. Reference to cases is made to demonstrate the challenges confronting the ADM. One notable aspect is the issue of urban-rural dichotomy and how the two worlds are positioned in their competition for the use of space. It is evident from this research that the post-1994 policy and legislative framework and implementation machinery lacks capacity to change the current form of the apartheid city-planning paradigm, something which impacts immensely on the sustainability of the current human-settlement development programmes. Population dynamics in terms of migration are hugely driven by search for employment opportunities and better services. The efficiency and ability of the municipal spatial evelopment frameworks in directing and dictating the identification of development nodes in its juristic boundary informed by the overarching national policy and legislative framework is key in building a better South Africa.
- Full Text:
- Date Issued: 2008
- Authors: Zenzile, Mlamli Lennox
- Date: 2008
- Subjects: Land reform -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land settlement -- Government policy -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Land use -- Planning -- South Africa , Restitution -- South Africa -- Eastern Cape , Compensation (Law) -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3700 , http://hdl.handle.net/10962/d1003215 , Land reform -- South Africa -- Eastern Cape , Land tenure -- South Africa -- Eastern Cape , Land settlement -- Government policy -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Municipal government -- South Africa -- Eastern Cape , Land use -- Planning -- South Africa , Restitution -- South Africa -- Eastern Cape , Compensation (Law) -- South Africa -- Eastern Cape , Human rights -- South Africa -- Eastern Cape , Right of property -- South Africa -- Eastern Cape
- Description: This study concerns the analysis of policy, and the statutory and regulatory impact of spatial planning on the land reform programme with emphasis on the land reform settlement plan (LSRP) of the Amathole District Municipality (ADM). There is a brief historical overview of the effect of the policy of spatial segregation in both rural and urban areas of the ADM. This study demonstrates, inter alia, the challenges faced by the ADM in both consolidating and physically integrating communities that were hitherto divided across racial lines. The critical question is whether the ADM has the ability to produce a Spatial Development Framework (SDF), which will be responsive to the needs of the region and serve as a catalyst in reversing the physical distortions caused by the land-planning legislation of the apartheid past. The greatest challenge lies in meeting the developmental aspirations of the Development Facilitation Act, 1995, the Local Government: Municipal Systems Act, 2000 and the National Spatial Development Perspective, 2003. Chapter 1 deals with the purpose, research problem and the method of research, as well as the definition of terms used in this research and literature review. Chapter 2 deals with the evolution of central themes of spatial planning and land reform, spatial development plans and integrated development plans (IDPs), the alignment of Amathole SDF and Eastern Cape Spatial Development Plan and the co-ordination of spatial frameworks. Chapter 3 deals with the composition of the ADM and the evolution of the LRSP, as well as land-tenure reform programmes impacting on the Amathole Municipality region. This chapter analyses the settlement plan against spatial planning legislation, the issue of institutional arrangements and mechanisms of consolidated local planning processes. Chapter 5 deals with the thorny issue of participation of traditional leaders in municipal planning and the government’s land-reform programme. Despite the existence of legislation in this regard, implementation seems to pose some difficulties. This chapter also deals with the co-operative governance framework. Chapter 6 is a concluding chapter dealing with the gaps discovered in the Amathole Municipality in the light of existing legislation. Reference to cases is made to demonstrate the challenges confronting the ADM. One notable aspect is the issue of urban-rural dichotomy and how the two worlds are positioned in their competition for the use of space. It is evident from this research that the post-1994 policy and legislative framework and implementation machinery lacks capacity to change the current form of the apartheid city-planning paradigm, something which impacts immensely on the sustainability of the current human-settlement development programmes. Population dynamics in terms of migration are hugely driven by search for employment opportunities and better services. The efficiency and ability of the municipal spatial evelopment frameworks in directing and dictating the identification of development nodes in its juristic boundary informed by the overarching national policy and legislative framework is key in building a better South Africa.
- Full Text:
- Date Issued: 2008
Life in the suburbs after "Grootboom": the role of local government in realising housing rights in the Eastern Cape
- Authors: Kruuse, Helen Julia
- Date: 2008
- Subjects: Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3678 , http://hdl.handle.net/10962/d1003193 , Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Description: When the Government of National Unity took office in 1994, it inherited a country with severe inequalities in resource distribution and land ownership. In particular, it inherited a housing crisis which was, to a large extent, caused by apartheid legislation and policies. This research focuses on the housing crisis post-1994 by considering the impact and effect of the constitutional right to have access to adequate housing, especially for those living in intolerable conditions. It does so by utilising a social-scientific approach to the law. This approach acknowledges that the housing right must exist alongside other social phenomena and as a part of everyday life in South Africa. Accordingly, the implementation of the housing right by three local municipalities in the Eastern Cape is examined. Following an initial overview of the history of housing and local government in South Africa, the study focuses on the current legislative framework for housing and theinterpretation of the housing right (and other socio-economic rights) in certain court decisions. These decisions are discussed, not only because of the impact they have had on communities living in intolerable situations, but, as importantly, because they have developed standards against which policy and planning should be measured. These standards are used in the study to evaluate housing provision in three municipalities. The evaluation (by means of interviews and assessment of planning documentation) demonstrates that the recognition of the housing right in the Constitution and by the courts does not necessarily translate into effective recognition and implementation by the state. The research shows that the failure to plan proactively, lack of co-operative governance and inadequate controls over financial and human resources thwart the realisation of the housing right by local government. It is recommended that, in order to make the housing right a reality, research into the housing right (and indeed other socio-economic rights) should scrutinise the management of financial and human resources of the state in the context of the policy, planning and implementation environment. Where research is able to show evidence of unspent budgets, insufficient planning and mismanagement of resources, courts would be able to focus on the implementation aspect of the housing right, and ensure that it may yet have a meaningful impact on the lives of millions of some of the most vulnerable people in society.
- Full Text:
- Date Issued: 2008
- Authors: Kruuse, Helen Julia
- Date: 2008
- Subjects: Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3678 , http://hdl.handle.net/10962/d1003193 , Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Description: When the Government of National Unity took office in 1994, it inherited a country with severe inequalities in resource distribution and land ownership. In particular, it inherited a housing crisis which was, to a large extent, caused by apartheid legislation and policies. This research focuses on the housing crisis post-1994 by considering the impact and effect of the constitutional right to have access to adequate housing, especially for those living in intolerable conditions. It does so by utilising a social-scientific approach to the law. This approach acknowledges that the housing right must exist alongside other social phenomena and as a part of everyday life in South Africa. Accordingly, the implementation of the housing right by three local municipalities in the Eastern Cape is examined. Following an initial overview of the history of housing and local government in South Africa, the study focuses on the current legislative framework for housing and theinterpretation of the housing right (and other socio-economic rights) in certain court decisions. These decisions are discussed, not only because of the impact they have had on communities living in intolerable situations, but, as importantly, because they have developed standards against which policy and planning should be measured. These standards are used in the study to evaluate housing provision in three municipalities. The evaluation (by means of interviews and assessment of planning documentation) demonstrates that the recognition of the housing right in the Constitution and by the courts does not necessarily translate into effective recognition and implementation by the state. The research shows that the failure to plan proactively, lack of co-operative governance and inadequate controls over financial and human resources thwart the realisation of the housing right by local government. It is recommended that, in order to make the housing right a reality, research into the housing right (and indeed other socio-economic rights) should scrutinise the management of financial and human resources of the state in the context of the policy, planning and implementation environment. Where research is able to show evidence of unspent budgets, insufficient planning and mismanagement of resources, courts would be able to focus on the implementation aspect of the housing right, and ensure that it may yet have a meaningful impact on the lives of millions of some of the most vulnerable people in society.
- Full Text:
- Date Issued: 2008
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