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
- Full Text:
- Date Issued: 2021-04
- 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
- Full Text:
- Date Issued: 2021-04
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
The development of a post-settlement support framework agricultural land reform projects in South Africa
- Authors: Newborn, Ryan Oscar
- Date: 2018
- Subjects: Land reform -- South Africa , Land tenure -- South Africa Agricultural development projects -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/32883 , vital:32384
- Description: After the fall of the Apartheid regime in 1994, South Africa was presented with a myriad of reform challenges that originated due to a segregational rule. Distribution of land to those who were previously disadvantaged would become and is increasingly becoming a major challenge that the African National Congress (ANC) led government would need to address. Land reform progress and performance has become a key indicator of the African National Congress’ ability to govern after more than two decades as the majority party. The African National Congress led Government of South Africa proposed a target to redistribute thirty percent of agricultural land which was owned by the white minority by the year 2014, however as of 2012, only seven percent had been redistributed with an estimated ninety percent of the farms redistributed to black farmers no longer in commercial production (Lund, 2012). Numerous factors have been attributed to land reform failure in South Africa, including but not limited to, settlement support after receiving the land. Broadly speaking, the processes leading of land reform is categorised into two fundamental categories namely; pre-settlement project fundamentals or criteria and secondly postsettlement support. The lack of or inadequate post-settlement support systems and programs is identified as a major constraint to land reform success. This research effort is aimed at gaining an understanding of what exactly the post-settlement support programs and targeted intervention are and designing an appropriate support framework that aims to reduce land reform failures and ultimately contributing to land reform success, a more inclusive rural economy and a food secure South Africa. Lumet and Qualm quote Hall in their 2012 research as saying, “Land reform has become heavy on political rhetoric and short on detail.” Whilst the ANC led government has ended the ‘willing buyer willing seller’ policy and is looking to introduce other policies to expedite land reform settlements, a significant void exists in the detail regarding post-settlement support of land reform beneficiaries to ensure success and to maintain the productivity of the reformed farms. This study aims at creating a post-settlement support framework which will add some detail as described as lacking above. Ten research questions were formulated in which the answers to the questions collectively provide insight into the post-settlement support systems required for enhanced success. The research questions are not all directly related to the post-settlement function, but also speak to other factors that need to be adequately addressed for the post-settlement function to be framed successfully. The literature review aimed at providing a backdrop to the history of land reform policies, the success and failures thereof, but more importantly it sets the scene in which an efficient post-settlement support framework must prevail. According to the interpretivist paradigm, it is assumed “that social reality is in our minds, and is subjective and multiple” (Collis & Hussey, 2009). Social reality is therefore affected by the act of investigating it. The research involves an inductive process with a view to providing an interpretive understanding of social phenomena within a particular context” (Collis & Hussey, 2009). The research effort uses an exploratory case study method. This selected method was the best approach to use to achieve the research objectives, to answer the research questions, and to test the listed propositions. The purposeful sampling unit in this study refers to land reform projects which have been in existence for five years or longer since settlement. These black emerging farmers or farmer groups are beneficiaries of the South African governments’ land reform programme and they are therefore also beneficiaries of the post-settlement support functions. Purposeful sampling involves identifying and selecting individuals or groups of individuals that are especially knowledgeable about or experienced with a phenomenon of interest while Spradley (1979) notes the importance of availability and willingness to participate, and the ability to communicate experiences and opinions in an articulate, expressive and reflective manner.
- Full Text:
- Date Issued: 2018
- Authors: Newborn, Ryan Oscar
- Date: 2018
- Subjects: Land reform -- South Africa , Land tenure -- South Africa Agricultural development projects -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/32883 , vital:32384
- Description: After the fall of the Apartheid regime in 1994, South Africa was presented with a myriad of reform challenges that originated due to a segregational rule. Distribution of land to those who were previously disadvantaged would become and is increasingly becoming a major challenge that the African National Congress (ANC) led government would need to address. Land reform progress and performance has become a key indicator of the African National Congress’ ability to govern after more than two decades as the majority party. The African National Congress led Government of South Africa proposed a target to redistribute thirty percent of agricultural land which was owned by the white minority by the year 2014, however as of 2012, only seven percent had been redistributed with an estimated ninety percent of the farms redistributed to black farmers no longer in commercial production (Lund, 2012). Numerous factors have been attributed to land reform failure in South Africa, including but not limited to, settlement support after receiving the land. Broadly speaking, the processes leading of land reform is categorised into two fundamental categories namely; pre-settlement project fundamentals or criteria and secondly postsettlement support. The lack of or inadequate post-settlement support systems and programs is identified as a major constraint to land reform success. This research effort is aimed at gaining an understanding of what exactly the post-settlement support programs and targeted intervention are and designing an appropriate support framework that aims to reduce land reform failures and ultimately contributing to land reform success, a more inclusive rural economy and a food secure South Africa. Lumet and Qualm quote Hall in their 2012 research as saying, “Land reform has become heavy on political rhetoric and short on detail.” Whilst the ANC led government has ended the ‘willing buyer willing seller’ policy and is looking to introduce other policies to expedite land reform settlements, a significant void exists in the detail regarding post-settlement support of land reform beneficiaries to ensure success and to maintain the productivity of the reformed farms. This study aims at creating a post-settlement support framework which will add some detail as described as lacking above. Ten research questions were formulated in which the answers to the questions collectively provide insight into the post-settlement support systems required for enhanced success. The research questions are not all directly related to the post-settlement function, but also speak to other factors that need to be adequately addressed for the post-settlement function to be framed successfully. The literature review aimed at providing a backdrop to the history of land reform policies, the success and failures thereof, but more importantly it sets the scene in which an efficient post-settlement support framework must prevail. According to the interpretivist paradigm, it is assumed “that social reality is in our minds, and is subjective and multiple” (Collis & Hussey, 2009). Social reality is therefore affected by the act of investigating it. The research involves an inductive process with a view to providing an interpretive understanding of social phenomena within a particular context” (Collis & Hussey, 2009). The research effort uses an exploratory case study method. This selected method was the best approach to use to achieve the research objectives, to answer the research questions, and to test the listed propositions. The purposeful sampling unit in this study refers to land reform projects which have been in existence for five years or longer since settlement. These black emerging farmers or farmer groups are beneficiaries of the South African governments’ land reform programme and they are therefore also beneficiaries of the post-settlement support functions. Purposeful sampling involves identifying and selecting individuals or groups of individuals that are especially knowledgeable about or experienced with a phenomenon of interest while Spradley (1979) notes the importance of availability and willingness to participate, and the ability to communicate experiences and opinions in an articulate, expressive and reflective manner.
- Full Text:
- Date Issued: 2018
An Investigation into the community's experience of the land claim process: the case study of Cwengcwe village in King Williams Town, Eastern Cape
- Authors: Mgweba, Unati Natashe
- Date: 2017
- Subjects: Land reform -- South Africa , Restitution , Black people -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26808 , vital:66011
- Description: This study examines Cwengcwe community’s experiences of the land claim process. This community is located in King William’s Town, Eastern Cape. The land issue remains unfinished business in the South African context with many land claimants still waiting to receive their land back or to be compensated for their land with money. Cwengcwe community members are not an exception in the channel of claiming back their land and having to wait for a lengthy period of time to be compensated. The main objective of the study was therefore to find out about the experiences of the Cwengcwe community with regards to the land claims process. The study adopted a qualitative research approach and the data was collected by conducting semi-structured interviews and observations. Purposive sampling was used to collect data from community members at Cwengcwe village. The findings of the study reveal that the community members in this village are very disappointed at the slow progress of processing the land claims, as their claims which were lodged in 2015 had not been settled as yet in November 2017. Furthermore, the minimal and/or lack of communication from the Department of Rural Development and Land Reform was a negative indicator in the prioritisation ladder. This study recommends further exploration of the land claim process in order to review its model and come up with alternative processes that might ease the land claim process. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2017
- Full Text:
- Date Issued: 2017
- Authors: Mgweba, Unati Natashe
- Date: 2017
- Subjects: Land reform -- South Africa , Restitution , Black people -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26808 , vital:66011
- Description: This study examines Cwengcwe community’s experiences of the land claim process. This community is located in King William’s Town, Eastern Cape. The land issue remains unfinished business in the South African context with many land claimants still waiting to receive their land back or to be compensated for their land with money. Cwengcwe community members are not an exception in the channel of claiming back their land and having to wait for a lengthy period of time to be compensated. The main objective of the study was therefore to find out about the experiences of the Cwengcwe community with regards to the land claims process. The study adopted a qualitative research approach and the data was collected by conducting semi-structured interviews and observations. Purposive sampling was used to collect data from community members at Cwengcwe village. The findings of the study reveal that the community members in this village are very disappointed at the slow progress of processing the land claims, as their claims which were lodged in 2015 had not been settled as yet in November 2017. Furthermore, the minimal and/or lack of communication from the Department of Rural Development and Land Reform was a negative indicator in the prioritisation ladder. This study recommends further exploration of the land claim process in order to review its model and come up with alternative processes that might ease the land claim process. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2017
- Full Text:
- Date Issued: 2017
An assessment of public support given to land reform commonage farmers by local and provincial government and their perfomance: A case study of Makana Local Municipality in Eastern Cape
- Authors: Gqweta, N V P
- Date: 2016
- Subjects: Land reform -- South Africa , Land use
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23991 , vital:62238
- Description: Access to land is very important for previously disadvantage people from the countries where agriculture is one of the main sources for employment in order to improve their livelihoods. Worldwide, Land Reform arose mainly because of inequalities of resources. In South Africa the Land Reform started in as early as 1658 where blacks were not afforded equal opportunities as white people and therefore off farm land and properties. When South Africa’s first democratic government came into power in 1994, one of its goals was to redress the injustice of the past and give back land to the previously disadvantaged people through various land reform programmes. One of the components of the land reform programme was the provision of commonages lands to urban municipalities for use by the urban poor. The Department of Rural Development and Land Reform acquired commonages land for the municipalities for the purpose of agricultural production. The study focused on the Municipal Commonage Programme and this has been done by assessing the public support given to land reform commonage farmers by local and provincial government and their performance in Makana Local Municipality in Eastern Cape. The study showed that land reform commonage emerging farmers are confronted by numerous challenges such as poor infrastructure, access to markets, mentorship, credit, transport by beneficiaries, lack of support from government departments and lack of co-ordination between government departments. These and other challenges ultimately hamper beneficiaries from making effective use of land. The study was done on eight commonages in Makana Municipality. The data was analyzed using Statistical Package for the Social Science (SPSS) and Microsoft Excel. Data collection entailed questionnaire, interviews and focus group discussions. In view of the challenges for commonage farmers, this study provides recommendation for improving the commonage land reform redistribution projects. Current management attempts are not ensuring the efficient equitable and sustainable use of these commonages. Municipal Commonage should be better integrated into agrarian reform through leases and an efficient Commonage Farmers Support Programmes. , Thesis (MSc) -- Faculty of Science and Agriculture, 2016
- Full Text:
- Date Issued: 2016
- Authors: Gqweta, N V P
- Date: 2016
- Subjects: Land reform -- South Africa , Land use
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23991 , vital:62238
- Description: Access to land is very important for previously disadvantage people from the countries where agriculture is one of the main sources for employment in order to improve their livelihoods. Worldwide, Land Reform arose mainly because of inequalities of resources. In South Africa the Land Reform started in as early as 1658 where blacks were not afforded equal opportunities as white people and therefore off farm land and properties. When South Africa’s first democratic government came into power in 1994, one of its goals was to redress the injustice of the past and give back land to the previously disadvantaged people through various land reform programmes. One of the components of the land reform programme was the provision of commonages lands to urban municipalities for use by the urban poor. The Department of Rural Development and Land Reform acquired commonages land for the municipalities for the purpose of agricultural production. The study focused on the Municipal Commonage Programme and this has been done by assessing the public support given to land reform commonage farmers by local and provincial government and their performance in Makana Local Municipality in Eastern Cape. The study showed that land reform commonage emerging farmers are confronted by numerous challenges such as poor infrastructure, access to markets, mentorship, credit, transport by beneficiaries, lack of support from government departments and lack of co-ordination between government departments. These and other challenges ultimately hamper beneficiaries from making effective use of land. The study was done on eight commonages in Makana Municipality. The data was analyzed using Statistical Package for the Social Science (SPSS) and Microsoft Excel. Data collection entailed questionnaire, interviews and focus group discussions. In view of the challenges for commonage farmers, this study provides recommendation for improving the commonage land reform redistribution projects. Current management attempts are not ensuring the efficient equitable and sustainable use of these commonages. Municipal Commonage should be better integrated into agrarian reform through leases and an efficient Commonage Farmers Support Programmes. , Thesis (MSc) -- Faculty of Science and Agriculture, 2016
- Full Text:
- Date Issued: 2016
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.
- Full Text:
- Date Issued: 2014
- 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.
- Full Text:
- Date Issued: 2014
The agriculture mentorship programme of the department of Agrarian reform and rural development
- Authors: Dyasopu, Thembani
- Date: 2014
- Subjects: Land reform -- South Africa , Agriculture -- Economic aspects -- South Africa , Agriculture and state -- South Africa , South Africa -- Rural conditions
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9252 , http://hdl.handle.net/10948/d1021191
- Description: New policy initiatives that followed the 1994 democratic elections aim strongly on construction and development, especially in the agrarian sector. Land reform is one of the initiatives that the democratic government has implemented post 1994 to enable the previously marginalised and disposed individuals and families to own land. The aim of the land reform was not only to provide settlement beneficiaries, but to provide post settlement support to them and enable them to live a better life. However, most of the beneficiaries who acquired farms through the land reform programs lack practical experience in commercial agricultural production. In light of the above, the agricultural mentorship programme was implemented to offer a ray of sunshine to smallholder and emerging farmers. However, it is quite evident that although the agricultural mentorship program was implemented, the Kat river valley emerging citrus farmers are still facing challenges such as limited production capacity; limited access to financial capital; limited access to production equipment; and limited post-harvest support. This study aims to review the agriculture mentorship programme of the Department of Agrarian Reform and Rural Development (DRDAR), with a specific focus on citrus at Kat River Valley. Using data drawn from a sample of nine (9) mentees, two (2) mentors and one official from DARDAR who were personally visited and interviewed, the thesis presents the results of an assessment of the program’s outcomes for participant’s experiences and perceptions in order to strengthen the programme. A review of related literature on land and agriculture reform, agricultural policies, emerging farmers and mentorship has been presented. The study employed a qualitative approach for in-depth understanding and verification. Source documents, open-ended questionnaires and semi-structured interviews were used to collect data from participants. The study revealed that the mentorship programme has made an impact since its implementation as can be noted by the increase in production and income levels; sustainability of skills and knowledge attained from during mentorship and also job opportunities from the projects.
- Full Text:
- Date Issued: 2014
- Authors: Dyasopu, Thembani
- Date: 2014
- Subjects: Land reform -- South Africa , Agriculture -- Economic aspects -- South Africa , Agriculture and state -- South Africa , South Africa -- Rural conditions
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9252 , http://hdl.handle.net/10948/d1021191
- Description: New policy initiatives that followed the 1994 democratic elections aim strongly on construction and development, especially in the agrarian sector. Land reform is one of the initiatives that the democratic government has implemented post 1994 to enable the previously marginalised and disposed individuals and families to own land. The aim of the land reform was not only to provide settlement beneficiaries, but to provide post settlement support to them and enable them to live a better life. However, most of the beneficiaries who acquired farms through the land reform programs lack practical experience in commercial agricultural production. In light of the above, the agricultural mentorship programme was implemented to offer a ray of sunshine to smallholder and emerging farmers. However, it is quite evident that although the agricultural mentorship program was implemented, the Kat river valley emerging citrus farmers are still facing challenges such as limited production capacity; limited access to financial capital; limited access to production equipment; and limited post-harvest support. This study aims to review the agriculture mentorship programme of the Department of Agrarian Reform and Rural Development (DRDAR), with a specific focus on citrus at Kat River Valley. Using data drawn from a sample of nine (9) mentees, two (2) mentors and one official from DARDAR who were personally visited and interviewed, the thesis presents the results of an assessment of the program’s outcomes for participant’s experiences and perceptions in order to strengthen the programme. A review of related literature on land and agriculture reform, agricultural policies, emerging farmers and mentorship has been presented. The study employed a qualitative approach for in-depth understanding and verification. Source documents, open-ended questionnaires and semi-structured interviews were used to collect data from participants. The study revealed that the mentorship programme has made an impact since its implementation as can be noted by the increase in production and income levels; sustainability of skills and knowledge attained from during mentorship and also job opportunities from the projects.
- Full Text:
- Date Issued: 2014
The play, Mies Julie, and the issue of land redistribution in the context of the revisionist western genre
- Authors: Emery, David
- Date: 2014
- Subjects: Land reform in literature , Land reform -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8435 , http://hdl.handle.net/10948/d1020954
- Description: The play Miss Julie was published by playwright August Strindberg in 1888. It is a comment on the class issues in Sweden at the time (Leib, 2011). This commentary is achieved through telling the fictional tale of Julie, the daughter of a wealthy Swedish landowner, Jean, her father’s manservant, and Kristin, Jean’s betrothed who is also the house cook. During the course of a night and the next morning, Jean and Julie admit their feelings for one another, sleep together and plan to run away to start a hotel. In the morning, they ask Kristin to join them when they encounter her on her way to church. She refuses and vows to put an end to their plans. Seeing no way out, and fearing the wrath of Julie’s father, Jean hands Julie a razor and she walks outside, the inference being that she will commit suicide. The play Mies Julie is a South African adaptation, by South African playwright Yael Farber, of the August Strindberg play Miss Julie set in a farming kitchen in the Eastern Cape Karoo that premiered at the Grahamstown National Arts Festival in 2012. It has since been brought to London, the Edinburgh Festival and New York. Mies Julie presents a power struggle between Julie, the daughter of the white Afrikaans farm owner, and John, her father’s favourite farm worker and the son of Christine, the housekeeper who raised Julie. By altering Christine’s role from that in Strindberg’s play, where she was John’s (there Jean’s) fiancé, to that of John’s mother and Julie’s nursemaid, playwright Yael Farber has brought to the fore an interesting irony of South Africa’s history, which has been observed by Ena Jansen (2011) – white children who are raised, both during and post-apartheid, by black women who become part of the household of the privileged white families they work for.
- Full Text:
- Date Issued: 2014
- Authors: Emery, David
- Date: 2014
- Subjects: Land reform in literature , Land reform -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8435 , http://hdl.handle.net/10948/d1020954
- Description: The play Miss Julie was published by playwright August Strindberg in 1888. It is a comment on the class issues in Sweden at the time (Leib, 2011). This commentary is achieved through telling the fictional tale of Julie, the daughter of a wealthy Swedish landowner, Jean, her father’s manservant, and Kristin, Jean’s betrothed who is also the house cook. During the course of a night and the next morning, Jean and Julie admit their feelings for one another, sleep together and plan to run away to start a hotel. In the morning, they ask Kristin to join them when they encounter her on her way to church. She refuses and vows to put an end to their plans. Seeing no way out, and fearing the wrath of Julie’s father, Jean hands Julie a razor and she walks outside, the inference being that she will commit suicide. The play Mies Julie is a South African adaptation, by South African playwright Yael Farber, of the August Strindberg play Miss Julie set in a farming kitchen in the Eastern Cape Karoo that premiered at the Grahamstown National Arts Festival in 2012. It has since been brought to London, the Edinburgh Festival and New York. Mies Julie presents a power struggle between Julie, the daughter of the white Afrikaans farm owner, and John, her father’s favourite farm worker and the son of Christine, the housekeeper who raised Julie. By altering Christine’s role from that in Strindberg’s play, where she was John’s (there Jean’s) fiancé, to that of John’s mother and Julie’s nursemaid, playwright Yael Farber has brought to the fore an interesting irony of South Africa’s history, which has been observed by Ena Jansen (2011) – white children who are raised, both during and post-apartheid, by black women who become part of the household of the privileged white families they work for.
- Full Text:
- Date Issued: 2014
An investigation of the South African land reform process from a conflict resolution perspective
- Authors: Wächter, Felix
- Date: 2010
- Subjects: Land reform -- South Africa , Land tenure -- South Africa , Dispute resolution (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8166 , http://hdl.handle.net/10948/1272 , Land reform -- South Africa , Land tenure -- South Africa , Dispute resolution (Law) -- South Africa
- Description: This research study aims to investigate the South African Land Reform process from a conflict resolution perspective. According to Burton’s basic human needs theory deep-rooted social conflict will occur wherever social institutions neglect universal basic human needs. Excess to land and land tenure are considered basic human needs because they provide landowners with food, shelter and security. In absence of an extensive welfare state, land ownership fulfils the role of a social safety network, particularly in African countries. Consequently, an equal distribution of land is needed in order to enable the majority of South Africans to fulfil their basic human needs. The instrument chosen for correcting the inequalities in land distribution are the three components of the South African land reform programme namely tenure reform, restitution and redistribution. The South African Land Reform Programme was largely influenced by the World Bank’s ‘Willing-Seller Willing- Buyer’ or ‘Negotiated Land Reform Approach’. Nevertheless, the South African model differs from the original concept by the World Bank in some aspects. The outcome of the Land Reform Process is analysed and evaluated by the on-going evaluation approach. All sources used in this research are open to the public and published either on official websites or in hard cover version in reports and articles. The results of this investigation indicate that the target of redistributing 30% of white-owned agricultural land by the year 2014 is not going to be accomplished. Nevertheless, the settlement of claims can be considered a success story although most of the claims were settled by means of cash compensation instead of actual land transfer. Furthermore, a change in the land acquisition policy from a demand-led approach based on the negotiated land reform principle towards a more static, state-led, top-down approach has been identified as well as shortcomings in the post-settlement support of new landowners. To put it briefly, the land reform process in toto is about to fail and a chance of reducing the enormous conflict potential given away. Furthermore, the conflict potential will increase due to the failures in providing the poor and rural masses with access to land.
- Full Text:
- Date Issued: 2010
- Authors: Wächter, Felix
- Date: 2010
- Subjects: Land reform -- South Africa , Land tenure -- South Africa , Dispute resolution (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8166 , http://hdl.handle.net/10948/1272 , Land reform -- South Africa , Land tenure -- South Africa , Dispute resolution (Law) -- South Africa
- Description: This research study aims to investigate the South African Land Reform process from a conflict resolution perspective. According to Burton’s basic human needs theory deep-rooted social conflict will occur wherever social institutions neglect universal basic human needs. Excess to land and land tenure are considered basic human needs because they provide landowners with food, shelter and security. In absence of an extensive welfare state, land ownership fulfils the role of a social safety network, particularly in African countries. Consequently, an equal distribution of land is needed in order to enable the majority of South Africans to fulfil their basic human needs. The instrument chosen for correcting the inequalities in land distribution are the three components of the South African land reform programme namely tenure reform, restitution and redistribution. The South African Land Reform Programme was largely influenced by the World Bank’s ‘Willing-Seller Willing- Buyer’ or ‘Negotiated Land Reform Approach’. Nevertheless, the South African model differs from the original concept by the World Bank in some aspects. The outcome of the Land Reform Process is analysed and evaluated by the on-going evaluation approach. All sources used in this research are open to the public and published either on official websites or in hard cover version in reports and articles. The results of this investigation indicate that the target of redistributing 30% of white-owned agricultural land by the year 2014 is not going to be accomplished. Nevertheless, the settlement of claims can be considered a success story although most of the claims were settled by means of cash compensation instead of actual land transfer. Furthermore, a change in the land acquisition policy from a demand-led approach based on the negotiated land reform principle towards a more static, state-led, top-down approach has been identified as well as shortcomings in the post-settlement support of new landowners. To put it briefly, the land reform process in toto is about to fail and a chance of reducing the enormous conflict potential given away. Furthermore, the conflict potential will increase due to the failures in providing the poor and rural masses with access to land.
- Full Text:
- Date Issued: 2010
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.
- Full Text:
- Date Issued: 2009
- 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.
- Full Text:
- Date Issued: 2009
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.
- Full Text:
- Date Issued: 2009
- 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.
- Full Text:
- Date Issued: 2009
A critical analysis of land redistribution and economic development of farm workers in the Stellenbosch Agricultural Area : a research treatise
- Authors: Stemela, Mbuyiselo
- Date: 2008
- Subjects: Land reform -- South Africa , Land tenure -- South Africa , Land Redistribution for Agricultural Development (South Africa) , Agriculture -- Economic aspects -- South Africa , Compensation (Law) -- South Africa , Economic development -- South Africa -- Stellenbosch
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8232 , http://hdl.handle.net/10948/852 , Land reform -- South Africa , Land tenure -- South Africa , Land Redistribution for Agricultural Development (South Africa) , Agriculture -- Economic aspects -- South Africa , Compensation (Law) -- South Africa , Economic development -- South Africa -- Stellenbosch
- Description: This study critically analyzed land redistribution and economic empowerment of farm workers in the Stellenbosch agricultural area. Past socio-economic and political policies have resulted in a racially skewed and inequitable distribution of land as well as overcrowding, overstocking and poverty in the countryside. It has become imperative that fundamental change is brought about in order to improve economical opportunities of all South Africans to access land for beneficial and productive use. Land reform, as the central thrust of land policy, is not only part of the effort towards the creation of equitable land distribution, but also of national reconciliation and stability. This study analyzed the notion of economic empowerment of farm workers. It looked at historical overview of the evolution of politics in South Africa and contemporary legislative framework pertaining to land redistribution and farm workers in the Western Cape. A case study of Bouwland farm in the Stellenbosch agricultural area was used as an example of how land redistribution can contribute to economically empower farm workers.
- Full Text:
- Date Issued: 2008
- Authors: Stemela, Mbuyiselo
- Date: 2008
- Subjects: Land reform -- South Africa , Land tenure -- South Africa , Land Redistribution for Agricultural Development (South Africa) , Agriculture -- Economic aspects -- South Africa , Compensation (Law) -- South Africa , Economic development -- South Africa -- Stellenbosch
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8232 , http://hdl.handle.net/10948/852 , Land reform -- South Africa , Land tenure -- South Africa , Land Redistribution for Agricultural Development (South Africa) , Agriculture -- Economic aspects -- South Africa , Compensation (Law) -- South Africa , Economic development -- South Africa -- Stellenbosch
- Description: This study critically analyzed land redistribution and economic empowerment of farm workers in the Stellenbosch agricultural area. Past socio-economic and political policies have resulted in a racially skewed and inequitable distribution of land as well as overcrowding, overstocking and poverty in the countryside. It has become imperative that fundamental change is brought about in order to improve economical opportunities of all South Africans to access land for beneficial and productive use. Land reform, as the central thrust of land policy, is not only part of the effort towards the creation of equitable land distribution, but also of national reconciliation and stability. This study analyzed the notion of economic empowerment of farm workers. It looked at historical overview of the evolution of politics in South Africa and contemporary legislative framework pertaining to land redistribution and farm workers in the Western Cape. A case study of Bouwland farm in the Stellenbosch agricultural area was used as an example of how land redistribution can contribute to economically empower farm workers.
- Full Text:
- Date Issued: 2008
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
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.
- Full Text:
- Date Issued: 2004
- 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.
- Full Text:
- Date Issued: 2004
Promoting development and land reform on South African farms
- Husy, Dave, Samson, Carolien
- 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
- Full Text:
- Date Issued: 2001-06-4/5
- 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
- Full Text:
- Date Issued: 2001-06-4/5
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