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 impact of land restitution and resettlement in the Eastern Cape, South Africa: restoring dignity without strengthening livelihoods?
- Authors: Xaba, Mzingaye Brilliant
- Date: 2019
- Subjects: Reparations for historic injustices -- South Africa , Land reform -- Law and legislation -- South Africa , Land reform -- South Africa -- Social aspects , Agricultural development projects -- South Africa -- Social aspects , Land tenure -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/96336 , vital:31264
- Description: Land reform in South Africa, which is comprised of land redistribution, land tenure reform, and land restitution, continues to be an emotive subject and has largely racially polarised South Africa. The slow pace of land reform, expropriation, the amount of land to be returned to black people, debates around the role of the Constitution in land reform, the market-based approach and the perceived negative attitude of white farmers have dominated the debates on land reform. There is, therefore, a huge chorus on the struggles for land acquisition and less on what happens when people are given land. A few studies on post-settlement livelihoods experience have managed to close this gap slightly in the literature by showing that land reform has contributed little or no material and livelihood benefits to beneficiaries and that many farms are lying idle after land reform, especially land restitution, projects. These studies on post-settlement livelihoods experiences of land reform beneficiaries have not managed to capture fully the “voices” of beneficiaries on land and livelihoods. This dissertation seeks to provide a sociological documentation of the post-settlement livelihood experiences of land restitution beneficiaries. It does this by primarily tracing the ability and/or the inability of land restitution beneficiaries of Macleantown, about 40 kilometres northwest of East London, in the Eastern Cape to reconstruct livelihoods after resettlement, bearing in mind that these land restitution beneficiaries have been resettled twice, during forced removals in the 1970s and after land restitution, post-1994. Therefore, the study engages with questions of whether or in what ways land compensated restitution beneficiaries have managed to reconstruct livelihoods after land transfer. To capture the livelihood experiences of land restitution beneficiaries fully, I also studied the Salem restitution case, which is 20km away from Grahamstown in the Eastern Cape. Because land restitution involves resettlement, I decided to use two resettlement theories, namely Thayer Scudder’s four stages model and Michael Cernea’s Impoverishment Risks and Reconstruction (IRR), to understand risks associated with resettlement. Additionally, since this dissertation seeks to understand and document livelihood reconstruction and poverty reduction within the context of restitution resettlement, I also utilised the Sustainable Livelihoods approach and Amartya Sen’s capabilities approach. This thesis is based on multiple research methods that include documentary study, focus group discussions, conversations, archival research, in-depth interviews, transect walks, participant observation and life histories. My findings show that land transfer under the land restitution programme has largely not enabled land beneficiaries in Macleantown and Salem to reconstruct land-based livelihoods after settlement. I also established that land restitution beneficiaries face risks that are identified by resettlement theorists such as lack of proper planning, resettling trauma, struggles in community reconstruction and poverty. Beneficiaries have not managed to reap any meaningful benefits from the land, meaning that restitution has not led to self-sufficiency for these beneficiaries because all land beneficiaries are heavily dependent on social grants. However, one needs to emphasize that land restitution has restored the dignity of beneficiaries because beneficiaries have accessed their forefathers’ land that they fought for. This is because beneficiaries believed that it was their duty to fight for their land on behalf of their ancestors. I reach the conclusion that the whole idea that restitution claimants who are scattered all over can be grouped into a Community Property Association (CPA) and farm collectively as a ‘community’ to improve livelihoods is a misleading romanticisation of the envisaged outcomes of the land restitution project. Time has passed after land dispossession and land claimants are different human beings to what they were before land dispossession, i.e. far from the agrarian society they were before land dispossession. Group dynamics, lack of adequate post-settlement support (PSS), land reform designs, lack of commercial agricultural skills, as well as entitlement syndrome, old age of beneficiaries, infighting and marginality of agricultural business has made it nearly impossible for restitution beneficiaries to reconstruct land-based livelihoods. Additionally, the government appears to be more interested in ‘correcting apartheid’ rather than creating viable farms. It is important to state that this thesis does not advocate for the erasure of the restitution programme or to belittle land beneficiaries but argues for the rethinking of the restitution model in the context of massive failures, as well as coming up with a new and flexible model of land restitution that will meet the modern needs of beneficiaries. This thesis contributes to an understanding of the risks and the challenges of livelihoods reconstruction faced by resettling communities through an investigation into the post-settlement livelihoods experiences of land restitution beneficiaries through ‘thick descriptions’.
- Full Text:
- Date Issued: 2019
- Authors: Xaba, Mzingaye Brilliant
- Date: 2019
- Subjects: Reparations for historic injustices -- South Africa , Land reform -- Law and legislation -- South Africa , Land reform -- South Africa -- Social aspects , Agricultural development projects -- South Africa -- Social aspects , Land tenure -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/96336 , vital:31264
- Description: Land reform in South Africa, which is comprised of land redistribution, land tenure reform, and land restitution, continues to be an emotive subject and has largely racially polarised South Africa. The slow pace of land reform, expropriation, the amount of land to be returned to black people, debates around the role of the Constitution in land reform, the market-based approach and the perceived negative attitude of white farmers have dominated the debates on land reform. There is, therefore, a huge chorus on the struggles for land acquisition and less on what happens when people are given land. A few studies on post-settlement livelihoods experience have managed to close this gap slightly in the literature by showing that land reform has contributed little or no material and livelihood benefits to beneficiaries and that many farms are lying idle after land reform, especially land restitution, projects. These studies on post-settlement livelihoods experiences of land reform beneficiaries have not managed to capture fully the “voices” of beneficiaries on land and livelihoods. This dissertation seeks to provide a sociological documentation of the post-settlement livelihood experiences of land restitution beneficiaries. It does this by primarily tracing the ability and/or the inability of land restitution beneficiaries of Macleantown, about 40 kilometres northwest of East London, in the Eastern Cape to reconstruct livelihoods after resettlement, bearing in mind that these land restitution beneficiaries have been resettled twice, during forced removals in the 1970s and after land restitution, post-1994. Therefore, the study engages with questions of whether or in what ways land compensated restitution beneficiaries have managed to reconstruct livelihoods after land transfer. To capture the livelihood experiences of land restitution beneficiaries fully, I also studied the Salem restitution case, which is 20km away from Grahamstown in the Eastern Cape. Because land restitution involves resettlement, I decided to use two resettlement theories, namely Thayer Scudder’s four stages model and Michael Cernea’s Impoverishment Risks and Reconstruction (IRR), to understand risks associated with resettlement. Additionally, since this dissertation seeks to understand and document livelihood reconstruction and poverty reduction within the context of restitution resettlement, I also utilised the Sustainable Livelihoods approach and Amartya Sen’s capabilities approach. This thesis is based on multiple research methods that include documentary study, focus group discussions, conversations, archival research, in-depth interviews, transect walks, participant observation and life histories. My findings show that land transfer under the land restitution programme has largely not enabled land beneficiaries in Macleantown and Salem to reconstruct land-based livelihoods after settlement. I also established that land restitution beneficiaries face risks that are identified by resettlement theorists such as lack of proper planning, resettling trauma, struggles in community reconstruction and poverty. Beneficiaries have not managed to reap any meaningful benefits from the land, meaning that restitution has not led to self-sufficiency for these beneficiaries because all land beneficiaries are heavily dependent on social grants. However, one needs to emphasize that land restitution has restored the dignity of beneficiaries because beneficiaries have accessed their forefathers’ land that they fought for. This is because beneficiaries believed that it was their duty to fight for their land on behalf of their ancestors. I reach the conclusion that the whole idea that restitution claimants who are scattered all over can be grouped into a Community Property Association (CPA) and farm collectively as a ‘community’ to improve livelihoods is a misleading romanticisation of the envisaged outcomes of the land restitution project. Time has passed after land dispossession and land claimants are different human beings to what they were before land dispossession, i.e. far from the agrarian society they were before land dispossession. Group dynamics, lack of adequate post-settlement support (PSS), land reform designs, lack of commercial agricultural skills, as well as entitlement syndrome, old age of beneficiaries, infighting and marginality of agricultural business has made it nearly impossible for restitution beneficiaries to reconstruct land-based livelihoods. Additionally, the government appears to be more interested in ‘correcting apartheid’ rather than creating viable farms. It is important to state that this thesis does not advocate for the erasure of the restitution programme or to belittle land beneficiaries but argues for the rethinking of the restitution model in the context of massive failures, as well as coming up with a new and flexible model of land restitution that will meet the modern needs of beneficiaries. This thesis contributes to an understanding of the risks and the challenges of livelihoods reconstruction faced by resettling communities through an investigation into the post-settlement livelihoods experiences of land restitution beneficiaries through ‘thick descriptions’.
- Full Text:
- Date Issued: 2019
Access to land as a human right the payment of just and equitable compensation for dispossessed land in South Africa
- Authors: Yanou, Michael A
- Date: 2005
- Subjects: Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3699 , http://hdl.handle.net/10962/d1003214 , Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Description: This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.
- Full Text:
- Date Issued: 2005
- Authors: Yanou, Michael A
- Date: 2005
- Subjects: Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3699 , http://hdl.handle.net/10962/d1003214 , Human rights -- South Africa , Compensation (Law) -- South Africa , Right of property -- South Africa , Land reform -- South Africa , Land tenure -- South Africa , Constitutional history -- South Africa , Restitution -- South Africa , Land tenure -- Law and legislation -- South Africa , Land reform -- Law and legislation -- South Africa
- Description: This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.
- Full Text:
- Date Issued: 2005
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