scholarly journals The South African Redistribution Imperative: Incongruities in Theory and Practice

2021 ◽  
pp. 1-27
Author(s):  
Sue-Mari Viljoen
Keyword(s):  
South Africa ◽  
South African ◽  
Theoretical Approach ◽  
Land Reform ◽  
Careful Analysis ◽  
Economic Justice ◽  
Theory And Practice ◽  
The South ◽  
Slow Pace

Abstract It has partly been assumed that the constitutional obligation to pay compensation for expropriations is to blame for the slow pace at which land has been redistributed in South Africa. However, this assumption requires careful analysis and reflection, with reference to the imperfections of the policies and laws that set out to address landlessness, as well as the underlying theoretical approach to economic justice. This article questions the purpose for which land reform beneficiaries acquire land, with reference to the role that property should ideally fulfil for the landless. The article makes a number of observations to cast light on why the redistribution of land has been alarmingly slow, where inconsistencies and loopholes exist in the programme, and whether expropriations for nil compensation will make any difference in remedying existing failures in the redistribution programme.

The Engagement of Beneficiaries in Farm Governance of Restituted Land through the Communal Property Association Model: The Ideal Versus the Reality of Beneficiary Farms in South Africa

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Farm Management ◽  
The South ◽  
African Government ◽  
Communal Property ◽  
Farm Ownership ◽  
Land Restitution ◽  
Communal Property Associations

The purpose of this article is to evaluate the engagement of farm beneficiaries in South Africa in the governance of restituted farms through communal property associations. The South African government has already spent millions of rands on land restitution to correct the imbalance of the past with regard to farm ownership by the African communities. Various methods of farm management to benefit the African society have been proposed, however, with little recorded success. This article argues that the South African post-apartheid government was so overwhelmed by political victory in 1994 that they introduced ambitious land reform policies that were based on ideal thinking rather than on a pragmatic approach to the South African situation. We used qualitative research methods to argue that the engagement of farm beneficiaries in farm management and governance through communal property associations is failing dismally. We conclude that a revisit of the communal property associations model is required in order to strengthen the position of beneficiaries and promote access to land by African communities for future benefit.

scholarly journals Reframing the Tower of Babel narrative for economic justice within the South African context

2016 ◽  
Vol 72 (3) ◽  
Author(s):  
Mark Rathbone
Keyword(s):  
South Africa ◽  
South African ◽  
Economic Justice ◽  
Truth And Reconciliation Commission ◽  
The South ◽  
Tower Of Babel ◽  
Truth And Reconciliation ◽  
Reformed Church ◽  
The People ◽  
The Impact

The Tower of Babel narrative is profoundly connected to the history of South Africa and its interpretation in the Dutch Reformed Church document entitled Human Relations and the South African Scene in the Light of Scripture (1976), which was used to justify apartheid. In this article, it is argued that this understanding of the narrative is due to racist framing that morally justified the larger apartheid narrative. The Tower of Babel narrative was later reframed for liberation and reconciliation by Desmond Tutu. However, apartheid had an impact not only on the sociopolitical dynamics of South Africa. Submissions to the Truth and Reconciliation Commission by business and labour highlight the impact of apartheid on the economy and specifically black labour. These revelations are responsible for new questions regarding the economics of the narrative that arise and may enrich the understanding of the Tower of Babel narrative. This focus on the economic aspect of the narrative is also supported by historical research on the Tower of Babel narrative that reveals that the dispersion of the people on the plain of Shinar may refer to the demise of the Sumerian empire, which was among other influences brought about by a labour revolt. In this regard, the narrative is a theological reflection on the demise of an unjust economic system that exploited workers. The purpose of this article is to critically explore this economic justice aspect embedded in the narrative in order to determine whether this reframing of the narrative is plausible. This is particularly important within the post-apartheid context and the increase of economic problems such as unemployment, poverty and economic inequality.

Legal Documents Relating to Land Reform in Zimbabwe

2010 ◽  
Vol 49 (5) ◽  
pp. 1380-1403
Author(s):  
Oliver R. Jones ◽  
Chido Dunn
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Land Reform ◽  
The South ◽  
High Court ◽  
Legal Documents ◽  
Diplomatic Protection ◽  
Reform Program ◽  
The Government

In Gramara (Private) Ltd. & Others v. Government of Zimbabwe & Others (‘‘Gramara’’)1 and Von Abo v. Government of South Africa (‘‘Von Abo’’),2 the legitimacy of Zimbabwe’s land reform program has once again come under the judicial microscope. In Gramara, Judge Patel of the Zimbabwean High Court refused to enforce a decision of the Southern African Development Community (‘‘SADC’’) Tribunal that declared the program inconsistent with a range of human rights protections. By contrast, in Von Abo, Judge Prinsloo of the South African High Court virulently condemned the South African government’s failure to afford the applicant farm-owner diplomatic protection in relation to the government of Zimbabwe’s confiscations of land owned by South African nationals. The decisions throw into sharp relief both the potential and the limitations of the application of international law in the domestic context.

The Theory and Practice of Prayer Book Revision in South Africa

1960 ◽  
Vol 11 (1) ◽  
pp. 87-97 ◽  
Author(s):  
Peter Hinchliff
Keyword(s):  
South Africa ◽  
South African ◽  
Theory And Practice ◽  
The South ◽  
Anglican Church ◽  
The Core ◽  
Prayer Book ◽  
First Time ◽  
The Church ◽  
Draft Constitution

The Provincial Synod of the Church of the Province of South Africa met for the first time in 1870. A long controversy, of which the Colenso law-suits were the core, had made it plain that the Anglican Church was not, and could not be, an established Church in South Africa. The chief task of the synod was to provide some alternative machinery of government and a constitution which could legally serve as a contractual basis for the exercise of the Church's discipline. There were before the synod two documents of primary importance—the draft constitution which the South African bishops had been preparing since 1861, and the report of the first Lambeth Conference.

Developing Criteria for the Identification of Suitable Agricultural Land for Expropriation and Redistribution in South Africa: Lessons Learnt from Namibia

2021 ◽  
Vol 2021 (2) ◽  
pp. 185-214
Author(s):  
Tina Kotzé
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Agricultural Land ◽  
Selection Process ◽  
The South ◽  
African Government ◽  
Policy Initiatives ◽  
African Context ◽  
Academic Debate

There has been a plethora of policy initiatives and academic debate focusing on how land should be acquired in South Africa for redistribution purposes and, if expropriation is to take place, at what value or for how much compensation. However, little attention has been paid to how land will be identified for acquisition in general, and expropriation specifically, for redistribution purposes. Therefore, the aim of this article is not to explore which approach is more suitable for specifically acquiring agricultural land, but rather how agricultural land should be identified prior to being acquired, specifically through expropriation, for redistribution purposes. To this end, the approach and criteria for identifying suitable agricultural land for expropriation as provided for in Namibia’s regulations to the Agricultural (Commercial) Land Reform Act 6 of 1995 may prove to be useful in formulating criteria for the South African context. The article concludes with the recommendation that for the sake of a transparent, procedurally fair and effective redistribution process in South Africa, objective, nonarbitrary criteria for identifying suitable agricultural land for redistribution purposes should be developed and provided for in regulations or policy. The development of criteria for identifying suitable agricultural land will provide the South African government with a useful tool in selecting agricultural land for acquisition and redistribution. The use of the criteria will not only contribute to a transparent, non-arbitrary and procedurally fair selection process, but will also assist landowners in determining the likelihood of their land being earmarked for redistribution.

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

Exploring the South African Government Communication on Land Expropriation without Compensation

2020 ◽  
Vol 72 (1-3) ◽  
Author(s):  
Lungisani Moyo
Keyword(s):  
South Africa ◽  
Food Security ◽  
South African ◽  
Small Scale ◽  
South African Government ◽  
Eastern Cape ◽  
The South ◽  
Land Expropriation ◽  
African Government ◽  
Government Communication

ABSTRACT This paper used qualitative methodology to explore the South African government communication and land expropriation without compensation and its effects on food security using Alice town located in the Eastern Cape Province South Africa as its case study. This was done to allow the participants to give their perceptions on the role of government communication on land expropriation without compensation and its effects on South African food security. In this paper, a total population of 30 comprising of 26 small scale farmers in rural Alice and 4 employees from the Department of Agriculture (Alice), Eastern Cape, South Africa were interviewed to get their perception and views on government communications and land expropriation without compensation and its effects on South African food security. The findings of this paper revealed that the agricultural sector plays a vital role in the South African economy hence there is a great need to speed up transformation in the sector.

Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.

2017 ◽  
Vol 1 (1) ◽  
pp. 117
Author(s):  
Jared McDonald
Keyword(s):  
South Africa ◽  
South African ◽  
Teaching And Learning ◽  
Cape Town ◽  
The South ◽  
Scholarship Of Teaching ◽  
Creative Commons ◽  
Vice Chancellor ◽  
The University

Dr Jared McDonald, of the Department of History at the University of the Free State (UFS) in South Africa, reviews As by fire: the end of the South African university, written by former UFS vice-chancellor Jonathan Jansen.    How to cite this book review: MCDONALD, Jared. Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.. Scholarship of Teaching and Learning in the South, [S.l.], v. 1, n. 1, p. 117-119, Sep. 2017. Available at: <http://sotl-south-journal.net/?journal=sotls&page=article&op=view&path%5B%5D=18>. Date accessed: 12 Sep. 2017.   This work is licensed under the Creative Commons Attribution 4.0 International License.To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/

Dilution studies on three marine outfalls in South Africa

1995 ◽  
Vol 32 (2) ◽  
pp. 297-304
Author(s):  
Willem A. M. Botes ◽  
J. F. Kapp
Keyword(s):  
South Africa ◽  
South African ◽  
Field Data ◽  
Prediction Models ◽  
Feasibility Studies ◽  
The South ◽  
Average Current ◽  
Predicted Values ◽  
Prediction Techniques ◽  
Domestic Effluent

Field dilution studies were conducted on three “deep” water marine outfalls located along the South African coast to establish the comparibility of actual achievable initial dilutions against the theoretical predicted values and, where appropriate, to make recommendations regarding the applicability of the different prediction techniques in the design of future outfalls. The physical processes along the 3000 km long coastline of South Africa are diverse, ranging from dynamic sub-tropical waters on the east coast to cold, stratified stagnant conditions on the west coast. Fourteen existing offshore marine outfalls serve medium to large industries and various local authorities (domestic effluent). For this investigation three outfalls were selected to represent the range of outfall types as well as the diversity of the physical conditions of the South African coastline. The predicted dilutions, using various approaches, compared well with the measured dilutions. It was found that the application of more “simple” prediction techniques (using average current velocities and ambient densities) may be more practical, ensuring a conservative approach, in pre-feasibility studies, compared to the more detailed prediction models, which uses accurate field data (stratification and current profiles), when extensive field data is not readily available.

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