The contribution of municipal commonage to local people's livelihoods in small South African towns
- Authors: Davenport, Nicholas Ashbury
- Date: 2009
- Subjects: Land tenure -- South Africa , Land reform -- South Africa , Property -- South Africa , Property rights -- South Africa , Commons -- South Africa -- Eastern Cape , Natural resources, Communal -- Management -- South Africa -- Eastern Cape , Rural development -- South Africa -- Eastern Cape , Households -- Economic aspects -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:4749 , http://hdl.handle.net/10962/d1006976 , Land tenure -- South Africa , Land reform -- South Africa , Property -- South Africa , Property rights -- South Africa , Commons -- South Africa -- Eastern Cape , Natural resources, Communal -- Management -- South Africa -- Eastern Cape , Rural development -- South Africa -- Eastern Cape , Households -- Economic aspects -- South Africa -- Eastern Cape
- Description: To redress past discrepancies in land tenure, the ANC government acknowledged that land needs to be made accessible to the previously disadvantaged, announcing that commonage would be a pillar of their land reform programme. Municipal commonage is land granted by the state to municipalities for urban households to use. Presently many urbanites in South Africa seek a livelihood from commonage. However, there has been no livelihood valuation of the contribution commonage makes to previously disadvantaged households. Thus there is a need to calculate the benefits of the commonage programme. Through a two phase approach, this thesis investigated firstly, the proportion of township households which use commonage; and the main characteristics of those households. Secondly, the thesis looks at the extent to which commonage contributes to users' livelihoods and the dominant livelihood strategies pursued by user households. Data was collected for three towns in the Eastern Cape province of South Africa; Bathurst, Fort Beaufort, and Grahamstown. Firstly it was found that between 27-70% of households used commonage, with the largest town having the lowest proportion of users, and vice versa for the smallest town. In terms of household characteristics, each study town was unique. Both Bathurst and Grahamstown user households were poorer than non-using households, however all Fort Beaufort households were considered poor. To assess the benefits of the commonage programme, the marketed and non-marketed consumptive direct-use values of land-based livelihoods on commonage were calculated via the 'own reported values' method. Commonage contributions to total livelihoods ranged between 14-20%. If the contributors from commonage were excluded, over 10% of households in each study town would drop to living below the poverty line. Additionally, commonage was being used productively, with the productivity at each study town being worth over R1 000 per hectare and over R4.7 million per commonage. Finally, a typology of subsistence/survivalist commonage users is presented, with four types being identified. Overall, results suggest that commonage use has increased over the last decade. Moreover, due to food inflation and urbanisation the use of commonage is expected to increase further, highlighting the need for holistic commonage management plans to be created, which should include strategies such as sustainable grazing regimes and natural resource management.
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Promoting development and land reform on South African farms
- Authors: Husy, Dave , Samson, Carolien
- Date: 2001-06-4/5
- Subjects: Land reform -- South Africa , Agricultural labourers -- South Africa -- Social conditions
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/75306 , vital:30399
- Description: The issue of social development for farm workers has always been a contentious one, primarily due to a history of development being one of repression and exploitation. Decades of exploitative control have left a social situation characterised by poverty and extreme inequality of power, between farmer and worker, black and white people, and between men and women. The legacy of this brutal past is not only to be found in the conditions under which farm workers now live, but rather the psychological and institutional barriers preventing their achievement of a better life though effectively utilising the opportunities available to them. Poverty and marginalisation is a formidable barrier to overcome in this environment. In becomes clear that any development programme aimed at providing farm workers with support in their struggle for a better life - the essence of “development” - will of necessity need to address these factors. The complexity of the farm situation, with its myriad of historical, social and economic problems, requires an innovative approach which represents a combination of, and compromise between, the priorities for farmers and those of workers, and mechanisms which promote broad based minimum standards as well as innovation and leverage for longer term benefit. The Land and Agricultural Bank of South Africa has initiated a number of products and programmes to promote development and land reform for farm workers. The intention of these is to stimulate farm based development through leveraging the various governmental development programmes and the commitment of landowners. In particular, Land Bank is to introduce a Social Discount Product to provide incentives for the Bank’s clients to implement development projects on their farms. This article explores some of the issues Land Bank has experienced in developing its products to promote farm based development, and specifically the Social Discount Product. It examines in "brief the current development context for farm workers, and in particular their conditions of life and work. It also reviews some of the current mitiatives to promote farm-based development by a variety of actors, governmental, private sector, and civil society. An outline of the Land Bank’s Social Discount Product and other programmes is then presented. Finally, issues and challenges are identified which are critical to the success of development and land reform for farm workers. The article contends that land reform for farm workers cannot be viewed separately from the broader process of development on farms. The reason for this is partly that land reform, or redistribution, will only affect a minimal number of farm workers, while the majority still seek improvement in their life conditions and opportunities. For this reason, it is important to identify the challenges to development on farms, and the spectrum of measures and interventions necessary for promoting overall development. , Paper presented at the SARPN conference on Land Reform and Poverty Alleviation in Southern Africa Pretoria
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Land redistribution and state decentralisation in South Africa
- Authors: Jaricha, Desmond Tichaona
- Date: 2014
- Subjects: Land reform -- South Africa , Land tenure -- South Africa , Agriculture -- Economic aspects -- South Africa , Decentralization in government -- South Africa , Local government -- South Africa , South Africa -- Politics and government
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3374 , http://hdl.handle.net/10962/d1013120
- Description: South Africa is a new democracy that has had to deal with many historical remnants of apartheid. One of the main remnants has been land dispossession and massive inequalities along racial lines of access to land for agricultural purposes. In countering this, the post-apartheid state has pursued land redistribution programmes since the end of apartheid in 1994, as part of a broader land reform project. Simultaneously, post-apartheid South Africa has been marked by significant state restructuring notably a process of state de-centralisation including the positioning of municipalities as development agents. Amongst other goals, this is designed to democratise the state given the authoritarian and exclusive character of the apartheid state, and thereby to democratise development initiatives and programmes. Land redistribution and state decentralisation in South Africa are different political processes with their own specific dynamics. They have though become interlinked and intertwined but not necessarily in a coherent and integrated manner. Within broader global developments pertaining to state decentralisation and land redistribution, the thesis examines the complex relations between these two processes in South Africa. In particular, I analyse critically the decentralised character of the land redistribution programme in South Africa. In order to concretise and illustrate key themes and points, I discuss a particular land redistribution project called Masizakhe located in Makana Municipality in the Eastern Cape Province.
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The role of open government data in the repurposing of land administration in postapartheid South Africa : an exploration
- Authors: Manona, Siyabulela Sobantu
- Date: 2021-04
- Subjects: Transparency in government -- South Africa , Land reform -- South Africa , Qualitative research -- Methodology , Postcolonialism -- South Africa , Post-apartheid era -- South Africa , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994- , South Africa -- Politics and government -- 1994- , Open Government Data (OGD)
- Language: English
- Type: thesis , text , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/178397 , vital:42936 , 10.21504/10962/178397
- Description: Almost three decades after the official end of the apartheid, South Africa has been on a sturdy path that is characterised by deepening spatial economic inequalities. A plethora of policy instruments unleashed since 1994 had not only failed to stem the tide of poverty and inequality, but had deepened them. As part of this, South Africa’s most ambitious social engineering programme – land reform -- had disappointing outcomes. Premised on a view that these apartheid continuities were embedded in South Africa’s land administration system – which was incoherent and fragmented and requiring a systemic overhaul -- the study sought to explore the potential role of Open Government Data (OGD) in the repurposing of land administration system in the post-apartheid South Africa. To achieve this goal, the study was guided by the following objectives: to explore the ontology and the state of land governance and administration in the context of the post-apartheid South Africa; to undertake an evaluation or assessment of South Africa’s land data ecosystem; and to explore the potential role of OGD in the repurposing of land administration system in the postapartheid of South Africa. This study was steeped in qualitative research methods, underpinned by primary and secondary literature review. While the study was primarily pitched on a national scale – the combination of the systems and multiple scales approaches – yielded results which dislodges solutions that are required outside of the domain of a single state. This is one glaring example of land governance complexities that straddle beyond national scale – specifically in respect of new policy trajectories on trans-national boundaries and governance of water resources. Based on the holistic ontology of land, this study concludes that land administration and land governance overarching conceptual orientation -- concerned with land use decisions made by humans at various scales from a praxis and policy perspective –constitute two sides of the same coin, the former steeped towards practice and the latter steeped towards policy. Drawing from decolonial theories the study concludes that land does not only have multiple dimensions, but it also has multiple meanings, in a manner that calls for an ontological shift away from the western ontology, towards an inclusive and holistic conceptualisation. Historiography that is anchored in de-colonial thinking of South Africa’s land governance helps us understand how and why – colonial/apartheid norms acrimoniously found their way into the post-apartheid order -- the post-apartheid institutions of modernity rest on the same hierarchies of identities, classification and pathologisation. The study concludes that, while the colonial/apartheid administration may be gone, it’s underlying power matrices continue -- i.e. capitalism/European/patriachal/white – in a manner which explains the continuities of South Africa’s spatial inequalities and the associated economic inequalities. The organising principle for land relations (including opportunities) continues to be underpinned by gender, race and class, in ways that expose the mythical dimensions of the 'post-apartheid' underbelly. While identifying the need for homogenisation and rationalistion of colonial, apartheid and post-apartheid institutions (on a national scale) that is insufficient for the transformation of the colonial situation of what is in essence a part of the global system, the study advocates for the ‘repurposing of land governance and administration’ – underpinned by de-colonial thinking. Repurposing is seen as political imaginary that would entail uncoupling thought processes and praxis from the colonial matrices of power. The study goes on to conclude that there is a definite role for Open Government Data in repurposing of land administration in the post-apartheid South Africa – as a necessary, though in and of it’s own it is an insufficient condition to achieve that ideal -- but presents an opportunity to enhance transdisciplinarity approaches and efficiencies in internal government functioning and evidence-based decision making and policy formulation processes. , Thesis (PhD) -- Faculty of Science, Geography, 2021
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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.
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Rights-based restitution in South Africa : developmental land reform or relocation in reverse?
- Authors: Roodt, Monty
- Date: 2004
- Subjects: Restitution -- South Africa , Land reform -- South Africa , Right of property -- South Africa , Land settlement -- South Africa , Land tenure -- South Africa , South Africa -- Commission on Restitution of Land Rights
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3351 , http://hdl.handle.net/10962/d1007211 , Restitution -- South Africa , Land reform -- South Africa , Right of property -- South Africa , Land settlement -- South Africa , Land tenure -- South Africa , South Africa -- Commission on Restitution of Land Rights
- Description: The main question of this thesis is to what extent the rights-based and market-driven nature of the restitution program has given rise to a legalistic and bureaucratic process that negates both the demand-driven and the developmental aspects of restitution as land reform. I answer this question by showing that the choice of a Constitutional model with a Bill of Rights provides the background for a rights-based land reform program. This is especially true for the restitution sub-program, one of the three branches along with redistribution and tenure of the overall land reform program. I then consider the debate around the property clause, and how its inclusion provided the context for a market and rights-based approach to land reform as opposed to a supply-led administrative approach. Because the property clause as a First Generation right prevents expropriation of land without market-related compensation, a complex and legalistic land reform program falling within the ambit of Second Generation rights was formulated to address the gross imbalance in land ownership in South Africa. I argue that the contemporary origin of Second Generation human rights lies within the context of class and anti-globalisation struggles for democracy, and that they are something to be fought for and defended. I discuss the distinction between First, Second and Third Generation rights and identify four spheres within which the struggle for Second and Third Generation rights takes place within modern democratic states. These are the state, the representative public sphere, civil society and the private sphere. I then deal with the problem of trying to turn "paper rights" into realisable rights for the more disadvantaged sectors of society. I also look at what impedes their realisation. I argue that a number of strategies are necessary to ensure the delivery of Second and Third Generation rights. These are an adequate legislative framework, a good communication strategy, the development of institutional capacity to deliver, and if all else fails, access to conflict resolution mechanisms. I consider the major impediments to the realisation of Second and Third Generation rights to be the way in which they are defined in relation to First Generation rights, especially the property clause, the way in which access to rights-backed resources through formal institutions are mediated by the operation of informal institutions, and the dearth of administrative competence in South Africa. My point is that in order for Second and Third Generation rights to have practical benefit for the dispossessed and poor, extraordinary measures are needed. The Restitution arm of the land reform program provides in theory just such extraordinary measures, albeit for only a section of the population. I analyse the effectiveness of the Land Claims Court in assisting restitution claimants and the rural poor to realize their rights. I trace the slow and haphazard shift from a positivistic statutory interpretation (narrow, literal, legalistic) to a purposive interpretation (informed by the Constitutional spirit and social purpose of the legislation) by the Court. This is followed by an analysis of the restitution business process, which means tracing the path of the claim from lodgement to settlement. I set out the costly, complex and legalistic implementation and policy process in some detail. My argument is that in order for a rights-based approach to overcome the impediments outlined in Chapter 3, as well as the property clause in the Constitution, its architects designed a complex process that in the end proved counter-productive in terms of its original aims. The failure of the process to deliver led in 1998 the then Minister of Land Affairs, Derek Hannekom, to appoint a Ministerial Review to investigate the problems. Problems included: slowness of delivery, the crisis of unplannability, low levels of trust between implementers, and high levels of frustration. Two issues are analysed more fully, the rights-driven approach as opposed to the rights-based approach and the lack of claimant participation in taking control of the restitution process. I examine the relationship of the Restitution Commission to the Department of Land Affairs and to municipal land use planning processes. The emphasis on rights within the restitution program had the effect of distancing restitution, especially in the first few years of the programs' existence, from the rest of the land reform program, as well as from the local government process of formulating land development objectives (LDOs), and the Integrated Development Planning (lOP) process. I look at the Port Elizabeth Land and Community Restoration Association (Pelcra) as a case study as it embodies an approach that tries to move beyond a mere reclaiming of rights in land and attempts to implement a developmental approach. I conclude that the rights-based restitution program in spite of its many shortcomings has had some success. It has moved slowly from an overly legalistic judicial program to a more administrative but still bureaucratic process, that has delivered only 27 percent of its product as land reform, the rest going to monetary compensation mainly in urban areas. Thus it can be argued that restitution has been more successful as a program to promote reconciliation along the lines of the Truth and Reconciliation Commission, than as a land reform program, especially if one regards land reform as the restoration of rural land to the indigenous population. There have also been some successful attempts by the Commission, such as in the case of PELCRA, to integrate the processing of its claims with local government planning processes, but progress in this direction remains patchy.
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Land reform in South Africa: effects on land prices and productivity
- Authors: Van Rooyen, Jonathan
- Date: 2009
- Subjects: Right of property -- South Africa , Land reform -- South Africa , Agriculture and state -- South Africa , Agricultural prices -- South Africa , Land tenure -- Government policy -- South Africa , Land reform -- Economic aspects -- South Africa , Real property -- Prices -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:987 , http://hdl.handle.net/10962/d1002721
- Description: South Africa’s land redistribution policy (1994-2008) has been widely publicised, and has come under scrutiny of late from the public, private and government spheres, highlighting a need for research in this area. The research examines progress in South Africa’s land redistribution programme in two of KwaZulu-Natal’s district municipalities, Uthungulu and iLembe. Specifically the research investigates whether the government has paid above market prices when purchasing sugarcane farmland for redistribution in these districts. Moreover, it is illustrated how productivity on redistributed farms has been affected with the changes in ownership. To investigate the research questions, reviews of theories pertaining to property rights, land reform and market structures were conducted. Moreover, two cases studies were conducted in the districts of Uthungulu and iLembe, with assistance from the Department of Land Affairs, Inkezo Land Company and the South African Cane Growers Association. The case study data indicate that above ordinary market prices have been paid (2004-2006) by the government for sugarcane farmland in the districts concerned, and further that productivity has been negatively impacted ‘during’ and ‘post‘ transfer, in the majority of cases.
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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.
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