An appraisal and critique of land redistribution approaches in South Africa
- Authors: Phiri, M C S
- Date: 2020
- Subjects: University of the Western Cape. Institute for Poverty, Land and Agrarian Studies , Land reform -- South Africa , Land reform -- Law and legislation -- South Africa , Agriculture and state -- South Africa , Reconstruction and Development Programme (South Africa) , Land reform beneficiaries -- South Africa , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994- , South Africa -- Economic policy , Land tenure -- Law and legislation -- South Africa , Black people -- South Africa -- Economic conditions , Black people -- South Africa -- Social conditions
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/149161 , vital:38810
- Description: This paper is in response to the PLAAS Land Conference held in February 2019 which aimed at discovering an alternative to how to solve the land question. The conference came at a time where land and agrarian reform re-emerged in South African socio-policy discussion. After twenty-five years of democracy the three land reform programmes have failed to restructure apartheid’s economic segregation, exclusionary land ownership patterns and to restore dignity to poor black South Africans. This study offers a detailed examination of the discourse of South African land reform, specifically the redistribution component with a focus on the land redistribution approaches presented at the PLAAS conference. Ultimately, the study puts forward a synthesized land redistribution approach as a hybrid solution to the land and agrarian crisis.
- Full Text:
- Date Issued: 2020
- Authors: Phiri, M C S
- Date: 2020
- Subjects: University of the Western Cape. Institute for Poverty, Land and Agrarian Studies , Land reform -- South Africa , Land reform -- Law and legislation -- South Africa , Agriculture and state -- South Africa , Reconstruction and Development Programme (South Africa) , Land reform beneficiaries -- South Africa , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994- , South Africa -- Economic policy , Land tenure -- Law and legislation -- South Africa , Black people -- South Africa -- Economic conditions , Black people -- South Africa -- Social conditions
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/149161 , vital:38810
- Description: This paper is in response to the PLAAS Land Conference held in February 2019 which aimed at discovering an alternative to how to solve the land question. The conference came at a time where land and agrarian reform re-emerged in South African socio-policy discussion. After twenty-five years of democracy the three land reform programmes have failed to restructure apartheid’s economic segregation, exclusionary land ownership patterns and to restore dignity to poor black South Africans. This study offers a detailed examination of the discourse of South African land reform, specifically the redistribution component with a focus on the land redistribution approaches presented at the PLAAS conference. Ultimately, the study puts forward a synthesized land redistribution approach as a hybrid solution to the land and agrarian crisis.
- Full Text:
- Date Issued: 2020
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.
- Full Text:
- Date Issued: 2020
- 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.
- Full Text:
- Date Issued: 2020
The impact of land restitution and resettlement in the Eastern Cape, South Africa: restoring dignity without strengthening livelihoods?
- Authors: Xaba, Mzingaye Brilliant
- Date: 2019
- Subjects: Reparations for historic injustices -- South Africa , Land reform -- Law and legislation -- South Africa , Land reform -- South Africa -- Social aspects , Agricultural development projects -- South Africa -- Social aspects , Land tenure -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/96336 , vital:31264
- Description: Land reform in South Africa, which is comprised of land redistribution, land tenure reform, and land restitution, continues to be an emotive subject and has largely racially polarised South Africa. The slow pace of land reform, expropriation, the amount of land to be returned to black people, debates around the role of the Constitution in land reform, the market-based approach and the perceived negative attitude of white farmers have dominated the debates on land reform. There is, therefore, a huge chorus on the struggles for land acquisition and less on what happens when people are given land. A few studies on post-settlement livelihoods experience have managed to close this gap slightly in the literature by showing that land reform has contributed little or no material and livelihood benefits to beneficiaries and that many farms are lying idle after land reform, especially land restitution, projects. These studies on post-settlement livelihoods experiences of land reform beneficiaries have not managed to capture fully the “voices” of beneficiaries on land and livelihoods. This dissertation seeks to provide a sociological documentation of the post-settlement livelihood experiences of land restitution beneficiaries. It does this by primarily tracing the ability and/or the inability of land restitution beneficiaries of Macleantown, about 40 kilometres northwest of East London, in the Eastern Cape to reconstruct livelihoods after resettlement, bearing in mind that these land restitution beneficiaries have been resettled twice, during forced removals in the 1970s and after land restitution, post-1994. Therefore, the study engages with questions of whether or in what ways land compensated restitution beneficiaries have managed to reconstruct livelihoods after land transfer. To capture the livelihood experiences of land restitution beneficiaries fully, I also studied the Salem restitution case, which is 20km away from Grahamstown in the Eastern Cape. Because land restitution involves resettlement, I decided to use two resettlement theories, namely Thayer Scudder’s four stages model and Michael Cernea’s Impoverishment Risks and Reconstruction (IRR), to understand risks associated with resettlement. Additionally, since this dissertation seeks to understand and document livelihood reconstruction and poverty reduction within the context of restitution resettlement, I also utilised the Sustainable Livelihoods approach and Amartya Sen’s capabilities approach. This thesis is based on multiple research methods that include documentary study, focus group discussions, conversations, archival research, in-depth interviews, transect walks, participant observation and life histories. My findings show that land transfer under the land restitution programme has largely not enabled land beneficiaries in Macleantown and Salem to reconstruct land-based livelihoods after settlement. I also established that land restitution beneficiaries face risks that are identified by resettlement theorists such as lack of proper planning, resettling trauma, struggles in community reconstruction and poverty. Beneficiaries have not managed to reap any meaningful benefits from the land, meaning that restitution has not led to self-sufficiency for these beneficiaries because all land beneficiaries are heavily dependent on social grants. However, one needs to emphasize that land restitution has restored the dignity of beneficiaries because beneficiaries have accessed their forefathers’ land that they fought for. This is because beneficiaries believed that it was their duty to fight for their land on behalf of their ancestors. I reach the conclusion that the whole idea that restitution claimants who are scattered all over can be grouped into a Community Property Association (CPA) and farm collectively as a ‘community’ to improve livelihoods is a misleading romanticisation of the envisaged outcomes of the land restitution project. Time has passed after land dispossession and land claimants are different human beings to what they were before land dispossession, i.e. far from the agrarian society they were before land dispossession. Group dynamics, lack of adequate post-settlement support (PSS), land reform designs, lack of commercial agricultural skills, as well as entitlement syndrome, old age of beneficiaries, infighting and marginality of agricultural business has made it nearly impossible for restitution beneficiaries to reconstruct land-based livelihoods. Additionally, the government appears to be more interested in ‘correcting apartheid’ rather than creating viable farms. It is important to state that this thesis does not advocate for the erasure of the restitution programme or to belittle land beneficiaries but argues for the rethinking of the restitution model in the context of massive failures, as well as coming up with a new and flexible model of land restitution that will meet the modern needs of beneficiaries. This thesis contributes to an understanding of the risks and the challenges of livelihoods reconstruction faced by resettling communities through an investigation into the post-settlement livelihoods experiences of land restitution beneficiaries through ‘thick descriptions’.
- Full Text:
- Date Issued: 2019
- Authors: Xaba, Mzingaye Brilliant
- Date: 2019
- Subjects: Reparations for historic injustices -- South Africa , Land reform -- Law and legislation -- South Africa , Land reform -- South Africa -- Social aspects , Agricultural development projects -- South Africa -- Social aspects , Land tenure -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/96336 , vital:31264
- Description: Land reform in South Africa, which is comprised of land redistribution, land tenure reform, and land restitution, continues to be an emotive subject and has largely racially polarised South Africa. The slow pace of land reform, expropriation, the amount of land to be returned to black people, debates around the role of the Constitution in land reform, the market-based approach and the perceived negative attitude of white farmers have dominated the debates on land reform. There is, therefore, a huge chorus on the struggles for land acquisition and less on what happens when people are given land. A few studies on post-settlement livelihoods experience have managed to close this gap slightly in the literature by showing that land reform has contributed little or no material and livelihood benefits to beneficiaries and that many farms are lying idle after land reform, especially land restitution, projects. These studies on post-settlement livelihoods experiences of land reform beneficiaries have not managed to capture fully the “voices” of beneficiaries on land and livelihoods. This dissertation seeks to provide a sociological documentation of the post-settlement livelihood experiences of land restitution beneficiaries. It does this by primarily tracing the ability and/or the inability of land restitution beneficiaries of Macleantown, about 40 kilometres northwest of East London, in the Eastern Cape to reconstruct livelihoods after resettlement, bearing in mind that these land restitution beneficiaries have been resettled twice, during forced removals in the 1970s and after land restitution, post-1994. Therefore, the study engages with questions of whether or in what ways land compensated restitution beneficiaries have managed to reconstruct livelihoods after land transfer. To capture the livelihood experiences of land restitution beneficiaries fully, I also studied the Salem restitution case, which is 20km away from Grahamstown in the Eastern Cape. Because land restitution involves resettlement, I decided to use two resettlement theories, namely Thayer Scudder’s four stages model and Michael Cernea’s Impoverishment Risks and Reconstruction (IRR), to understand risks associated with resettlement. Additionally, since this dissertation seeks to understand and document livelihood reconstruction and poverty reduction within the context of restitution resettlement, I also utilised the Sustainable Livelihoods approach and Amartya Sen’s capabilities approach. This thesis is based on multiple research methods that include documentary study, focus group discussions, conversations, archival research, in-depth interviews, transect walks, participant observation and life histories. My findings show that land transfer under the land restitution programme has largely not enabled land beneficiaries in Macleantown and Salem to reconstruct land-based livelihoods after settlement. I also established that land restitution beneficiaries face risks that are identified by resettlement theorists such as lack of proper planning, resettling trauma, struggles in community reconstruction and poverty. Beneficiaries have not managed to reap any meaningful benefits from the land, meaning that restitution has not led to self-sufficiency for these beneficiaries because all land beneficiaries are heavily dependent on social grants. However, one needs to emphasize that land restitution has restored the dignity of beneficiaries because beneficiaries have accessed their forefathers’ land that they fought for. This is because beneficiaries believed that it was their duty to fight for their land on behalf of their ancestors. I reach the conclusion that the whole idea that restitution claimants who are scattered all over can be grouped into a Community Property Association (CPA) and farm collectively as a ‘community’ to improve livelihoods is a misleading romanticisation of the envisaged outcomes of the land restitution project. Time has passed after land dispossession and land claimants are different human beings to what they were before land dispossession, i.e. far from the agrarian society they were before land dispossession. Group dynamics, lack of adequate post-settlement support (PSS), land reform designs, lack of commercial agricultural skills, as well as entitlement syndrome, old age of beneficiaries, infighting and marginality of agricultural business has made it nearly impossible for restitution beneficiaries to reconstruct land-based livelihoods. Additionally, the government appears to be more interested in ‘correcting apartheid’ rather than creating viable farms. It is important to state that this thesis does not advocate for the erasure of the restitution programme or to belittle land beneficiaries but argues for the rethinking of the restitution model in the context of massive failures, as well as coming up with a new and flexible model of land restitution that will meet the modern needs of beneficiaries. This thesis contributes to an understanding of the risks and the challenges of livelihoods reconstruction faced by resettling communities through an investigation into the post-settlement livelihoods experiences of land restitution beneficiaries through ‘thick descriptions’.
- Full Text:
- Date Issued: 2019
Land, Church, Forced Removals and Community on Klipfontein Farm in the District of Alexandria, Eastern Cape c. 1872 - 1979
- Authors: Bezuidenhout, GJW
- Date: 2017
- Subjects: Janse van Rensburg family , Klipfontein Farm (Alexandria, South Africa) , Alexandria (South Africa) -- History , Colored people (South Africa) -- History , Colored people (South Africa) -- Religion , Colored people (South Africa) -- Relocation , Black people -- Relocation -- South Africa -- Eastern Cape , Family farms -- South Africa -- Eastern Cape , Church history -- South Africa -- Eastern Cape , Land tenure -- Law and legilstion -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/161315 , vital:40615
- Description: This thesis is a case study of how church, land and dispossession of land has influenced identity formation of a coloured community in the Eastern Province, namely the Klipfontein community. Coloured history in the Eastern Province has largely been neglected. This study attempts to rectify such a lack of in-depth enquiry as it may lead to misinterpretations that may influence contemporary politics and identity formation. Through research based on primary sources, it is evident that the social landscape of Klipfontein Farm and the relationships between that community and surrounding black African and white communities have largely been shaped by the stipulations contained in the joint will of the community’s ancestors: Dirk and Sarah Janse van Rensburg. The land devolved into a trust and has been administered by trustees since the death of the first spouse in 1877. By keeping the land in a trust, it enabled the descendants to continue to live on the farm in perpetuity, without the risk of being forced off the land via financial restraints or racially-based legislation. But the usufructuaries could also never fully utilise Klipfontein as an agricultural concern due to a combination of a lack of equipment and skill, and the provisions of the will. These complications inevitably led to inter-familial disputes and tension. Before 1939 there had already been three court cases dealing with the interpretations of the Will. In that same year the Supreme Court ordered that tracts of the land, including a part of Boesmansriviermond village, be sold in order to pay off arrear rates and taxes. Although the responsibility for these sales lay with the trustees, the community has been suspicious of the usufructuaries ever since. A key element of the Klipfontein identity is their religion. The church legitimises their right to the farm - against those who wish to take that right away. Their claim to occupation is couched in scriptural discourse, viewing Klipfontein as 'their Garden of Eden' that God gave to the stamvader, Dirk Janse van Rensburg. This seemed to have been partially successful for the Klipfontein community in staving off harassment by authorities. It also caused friction between the community and the black African residents. Some usufructuaries and family members felt that such right was exclusively given to the coloured community and so they became increasingly annoyed by the black Africans who settled there. Other usufructuaries did not share this feeling. They allowed evicted black African farm labourers to settle on certain portions of Klipfontein until the late 1970s. The black African population rapidly increased due to misinformation and evictions from neighbouring farms. This only further exacerbated the inter-familial conflict between usufructuaries, flaring tensions between the black Africans and their reluctant hosts as well as animosity from the white community towards Klipfontein. In 1979, after a series of court cases, a decision was made to remove all the African settlers by force and relocate most of them to the ‘homeland’ of Ciskei. The rest, who were of ‘working-age’ were left behind in a ‘temporary emergency camp’ on the outskirts of Kenton-on-Sea. The effects of these removals still impact the relationships between the different racial groups in the area to this day.
- Full Text:
- Date Issued: 2017
- Authors: Bezuidenhout, GJW
- Date: 2017
- Subjects: Janse van Rensburg family , Klipfontein Farm (Alexandria, South Africa) , Alexandria (South Africa) -- History , Colored people (South Africa) -- History , Colored people (South Africa) -- Religion , Colored people (South Africa) -- Relocation , Black people -- Relocation -- South Africa -- Eastern Cape , Family farms -- South Africa -- Eastern Cape , Church history -- South Africa -- Eastern Cape , Land tenure -- Law and legilstion -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/161315 , vital:40615
- Description: This thesis is a case study of how church, land and dispossession of land has influenced identity formation of a coloured community in the Eastern Province, namely the Klipfontein community. Coloured history in the Eastern Province has largely been neglected. This study attempts to rectify such a lack of in-depth enquiry as it may lead to misinterpretations that may influence contemporary politics and identity formation. Through research based on primary sources, it is evident that the social landscape of Klipfontein Farm and the relationships between that community and surrounding black African and white communities have largely been shaped by the stipulations contained in the joint will of the community’s ancestors: Dirk and Sarah Janse van Rensburg. The land devolved into a trust and has been administered by trustees since the death of the first spouse in 1877. By keeping the land in a trust, it enabled the descendants to continue to live on the farm in perpetuity, without the risk of being forced off the land via financial restraints or racially-based legislation. But the usufructuaries could also never fully utilise Klipfontein as an agricultural concern due to a combination of a lack of equipment and skill, and the provisions of the will. These complications inevitably led to inter-familial disputes and tension. Before 1939 there had already been three court cases dealing with the interpretations of the Will. In that same year the Supreme Court ordered that tracts of the land, including a part of Boesmansriviermond village, be sold in order to pay off arrear rates and taxes. Although the responsibility for these sales lay with the trustees, the community has been suspicious of the usufructuaries ever since. A key element of the Klipfontein identity is their religion. The church legitimises their right to the farm - against those who wish to take that right away. Their claim to occupation is couched in scriptural discourse, viewing Klipfontein as 'their Garden of Eden' that God gave to the stamvader, Dirk Janse van Rensburg. This seemed to have been partially successful for the Klipfontein community in staving off harassment by authorities. It also caused friction between the community and the black African residents. Some usufructuaries and family members felt that such right was exclusively given to the coloured community and so they became increasingly annoyed by the black Africans who settled there. Other usufructuaries did not share this feeling. They allowed evicted black African farm labourers to settle on certain portions of Klipfontein until the late 1970s. The black African population rapidly increased due to misinformation and evictions from neighbouring farms. This only further exacerbated the inter-familial conflict between usufructuaries, flaring tensions between the black Africans and their reluctant hosts as well as animosity from the white community towards Klipfontein. In 1979, after a series of court cases, a decision was made to remove all the African settlers by force and relocate most of them to the ‘homeland’ of Ciskei. The rest, who were of ‘working-age’ were left behind in a ‘temporary emergency camp’ on the outskirts of Kenton-on-Sea. The effects of these removals still impact the relationships between the different racial groups in the area to this day.
- Full Text:
- Date Issued: 2017
The role of non-governmental organisations in land reform and post-settlement support in the Albany district of the Eastern Cape : a case study of Masifunde
- Nkosi, Nolwazi Nontombi Maria
- Authors: Nkosi, Nolwazi Nontombi Maria
- Date: 2015
- Subjects: Masifunde Educational Project , South Africa -- Department of Agriculture , South Africa -- Department of Rural Development and Land Reform , Non-governmental organizations -- South Africa -- Albany , Land reform -- South Africa -- South Africa -- Albany , Land reform beneficiaries -- South Africa -- South Africa -- Albany , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3406 , http://hdl.handle.net/10962/d1020321
- Description: The purpose of this study is to explore the role of NGOs in land reform and post-settlement support in the Albany district of the Eastern Cape using a qualitative case study of Masifunde. To discover this role, civil society, land beneficiaries, Department of Agriculture and Department of Rural Development and Land Reform were proved to have interwoven relationships. The interactions and relationships between these entities underpinned their perceptions of each other. This study is set against the backdrop of a weakening land reform program due to frequent policy changes. Evidence presented showed how out of sync land reform is with its original mandate whilst civil society organisations have remained firmly rooted by theirs. The inability to have twin perspectives on this matter diverges the direction civil society and institutions involved in land reform take on. This separation in direction demonstrates the need for engagement between government and civil society in an attempt to assist in areas government is unable to reach or address. This thesis contends that there is definitely a role that NGOs do play and need to take on when it is evident that relevant actors are unable to deliver. Themes emerging from interviews necessitate civil society and government departments to combine their resources so as to maximise the impact for desired outcomes. These are views of both civil society and government, demonstrating that NGOs indeed do play a role in land reform and post-settlement support and need to continuously do so in an attempt to cushion the blows of uneven implementation of land reform policies.
- Full Text:
- Date Issued: 2015
- Authors: Nkosi, Nolwazi Nontombi Maria
- Date: 2015
- Subjects: Masifunde Educational Project , South Africa -- Department of Agriculture , South Africa -- Department of Rural Development and Land Reform , Non-governmental organizations -- South Africa -- Albany , Land reform -- South Africa -- South Africa -- Albany , Land reform beneficiaries -- South Africa -- South Africa -- Albany , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:3406 , http://hdl.handle.net/10962/d1020321
- Description: The purpose of this study is to explore the role of NGOs in land reform and post-settlement support in the Albany district of the Eastern Cape using a qualitative case study of Masifunde. To discover this role, civil society, land beneficiaries, Department of Agriculture and Department of Rural Development and Land Reform were proved to have interwoven relationships. The interactions and relationships between these entities underpinned their perceptions of each other. This study is set against the backdrop of a weakening land reform program due to frequent policy changes. Evidence presented showed how out of sync land reform is with its original mandate whilst civil society organisations have remained firmly rooted by theirs. The inability to have twin perspectives on this matter diverges the direction civil society and institutions involved in land reform take on. This separation in direction demonstrates the need for engagement between government and civil society in an attempt to assist in areas government is unable to reach or address. This thesis contends that there is definitely a role that NGOs do play and need to take on when it is evident that relevant actors are unable to deliver. Themes emerging from interviews necessitate civil society and government departments to combine their resources so as to maximise the impact for desired outcomes. These are views of both civil society and government, demonstrating that NGOs indeed do play a role in land reform and post-settlement support and need to continuously do so in an attempt to cushion the blows of uneven implementation of land reform policies.
- Full Text:
- Date Issued: 2015
Understanding policy making and policy implementation with reference to land redistribution in South Africa : case studies form the Eastern Cape
- Mbokazi, Nonzuzo Nomfundo Mbalenhle
- Authors: Mbokazi, Nonzuzo Nomfundo Mbalenhle
- Date: 2015
- Subjects: Land reform -- South Africa -- Eastern Cape , Land reform -- Law and legislation -- South Africa , Land reform -- Case studies , Agriculture and state -- South Africa , South Africa -- Economic conditions -- 1918-1961 , South Africa -- Economic conditions -- 1961-1991 , South Africa -- Economic conditions -- 1991- , Reconstruction and Development Programme (South Africa)
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3394 , http://hdl.handle.net/10962/d1018197
- Description: This thesis focuses on land reform in post-apartheid South Africa and specifically on land redistribution, as one of the main pillars of land reform. There have been many studies undertaken on land redistribution in South Africa and these studies offer deep criticisms of the prevailing land redistribution model (a market-led, but state-assisted model) and the ways in which this model has failed to meaningfully address colonial dispossession of land. Further, studies have focused on post-redistribution livelihoods of farmers and the many challenges they face. One significant gap in the prevailing literature is a sustained focus on the state itself, and particularly questions around policy formation and implementation processes pertaining to land redistribution. Delving into policy processes is invariably a difficult task because outsider access to intra-state processes is fraught with problems. But a full account of land redistribution in South Africa demands sensitivity to processes internal to the state. Because of this, it is hoped that this thesis makes a contribution to the existing South African land redistribution literature. In pursuing the thesis objective, I undertook research amongst farmers on selected redistributed farms outside Grahamstown in the Eastern Cape, as well as engaging with both current and former state land officials. Based on the evidence, it is clear that the policy process around land in South Africa is a complex and convoluted process marked not only by consensus-making and combined activities but also by tensions and conflicts. This, I would argue, is the norm with regard to what states do and how they work.
- Full Text:
- Date Issued: 2015
- Authors: Mbokazi, Nonzuzo Nomfundo Mbalenhle
- Date: 2015
- Subjects: Land reform -- South Africa -- Eastern Cape , Land reform -- Law and legislation -- South Africa , Land reform -- Case studies , Agriculture and state -- South Africa , South Africa -- Economic conditions -- 1918-1961 , South Africa -- Economic conditions -- 1961-1991 , South Africa -- Economic conditions -- 1991- , Reconstruction and Development Programme (South Africa)
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3394 , http://hdl.handle.net/10962/d1018197
- Description: This thesis focuses on land reform in post-apartheid South Africa and specifically on land redistribution, as one of the main pillars of land reform. There have been many studies undertaken on land redistribution in South Africa and these studies offer deep criticisms of the prevailing land redistribution model (a market-led, but state-assisted model) and the ways in which this model has failed to meaningfully address colonial dispossession of land. Further, studies have focused on post-redistribution livelihoods of farmers and the many challenges they face. One significant gap in the prevailing literature is a sustained focus on the state itself, and particularly questions around policy formation and implementation processes pertaining to land redistribution. Delving into policy processes is invariably a difficult task because outsider access to intra-state processes is fraught with problems. But a full account of land redistribution in South Africa demands sensitivity to processes internal to the state. Because of this, it is hoped that this thesis makes a contribution to the existing South African land redistribution literature. In pursuing the thesis objective, I undertook research amongst farmers on selected redistributed farms outside Grahamstown in the Eastern Cape, as well as engaging with both current and former state land officials. Based on the evidence, it is clear that the policy process around land in South Africa is a complex and convoluted process marked not only by consensus-making and combined activities but also by tensions and conflicts. This, I would argue, is the norm with regard to what states do and how they work.
- Full Text:
- Date Issued: 2015
Access to land as a human right the payment of just and equitable compensation for dispossessed land in South Africa
- Authors: Yanou, Michael A
- Date: 2005
- Subjects: Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3699 , http://hdl.handle.net/10962/d1003214 , Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Description: This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.
- Full Text:
- Date Issued: 2005
- Authors: Yanou, Michael A
- Date: 2005
- Subjects: Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3699 , http://hdl.handle.net/10962/d1003214 , Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Description: This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.
- Full Text:
- Date Issued: 2005
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