Property Rights, Nature Conservation, and Land Reform in South Africa

1997 ◽  
Author(s):  
Neil Adger
Keyword(s):  
South Africa ◽  
Nature Conservation ◽  
Property Rights ◽  
Land Reform

scholarly journals Is Amending Section 25 of the South African Constitution an End to the Land Reform Debate?

2019 ◽  
Author(s):  
Joseph Lekunze ◽  
Usapfa Luvhengo
Keyword(s):  
South Africa ◽  
Property Rights ◽  
Social Cohesion ◽  
Land Reform ◽  
Political Stability ◽  
White Paper ◽  
Property Right ◽  
Central Argument ◽  
South African Constitution ◽  
Land Question

Section 25(2) of the Constitution of South Africa protects property rights and the White Paper on Land Reform demonstrate tolerance and wisdom in the application of land reform policies. The central argument to this research was whether amendment of Section 25 (2) of the constitution to allow expropriation of land without compensation redresses redistribution of land for social cohesion and political stability. The researcher argues that, currently, Section 25 of the constitution provides for expropriation without compensation but at the same time protects property rights reducing the pace of redistribution. Hence, an amendment of section 25 (2) may remove the property right clause and accelerate expropriation without compensation. But whether the removal of the property right clause and acceleration of the process of expropriation without compensation will result to equitable and fair distribution of land to the majority of landless South Africans is not certain. The study concludes that, amendment of Section 25(2) is a justifiable process and priorities must be given to equity in redistribution to the majority landless at the margins of communities and not elites. If the amendment of Section 25 (2) cannot guarantee equity in redistribution for all ill respective of race, social cohesion, political stability and economic growth, intra-racial tensions may emerge. Such tensions may further compound the land question and affects investors’ confidence in South Africa.

Post-apartheid perceptions of the Greater St Lucia Wetland Park, South Africa

2003 ◽  
Vol 30 (2) ◽  
pp. 182-191 ◽  
Author(s):  
Catherine H. Picard
Keyword(s):  
South Africa ◽  
Nature Conservation ◽  
Protected Areas ◽  
South African ◽  
Land Reform ◽  
Positive Association ◽  
Structured Interviews ◽  
Local Conservation ◽  
Conservation Authorities ◽  
Black Populations

In the wake of apartheid, South African protected areas have come under increasing pressure to reconcile a wealth of natural resources with the acute social and economic needs of the black rural majority. Demands for land reform, poverty alleviation and job creation have all had profound implications for the conservation and management of the nation's protected areas. An attitudinal study was conducted within three diverse South African communities, and among employees of the Kwa Zulu-Natal Nature Conservation Service (KZN Wildlife) to assess how the Greater St Lucia Wetland Park (GSWP) and the authorities charged with its management are perceived in the context of post-apartheid South Africa. Despite significant revisions to South Africa's conservation policies in the post-apartheid era, attitudinal research has continued to focus on rural black communities, leaving white residents, urban black populations and the conservation authorities themselves largely under-represented. As a result, the relationships between local communities, protected areas and conservation authorities remain largely unknown and outdated. Qualitative analysis of 90 semi-structured interviews indicated limited support (5%) for the abolition of the GSWP. The potential loss of the GSWP was associated with negative economic (88%) and environmental (66%) impacts by all respondents, regardless of race, gender, age or residency. Contrary to previous research conducted during the apartheid era, an overwhelming majority of Zulu respondents perceived a positive association between nature conservation, tourism and improved local economic welfare. Thus, local attitudes towards protected areas appeared to be improving. There remained however a discrepancy between support for the GSWP and the management authorities, particularly among respondents with limited contact with conservation staff. This is consistent with previous surveys where residents expressed support for the concept of conservation, but significant hostility towards local conservation authorities. The distinction is critical, as negative attitudes towards conservation authorities are often misinterpreted as a lack of support for conservation in general. Local residents (regardless of race or socioeconomic status) also expressed high expectations of KZN Wildlife to address issues of unemployment, poverty and tourism in the region. If these expectations are not met, support for the GSWP, as well as the conservation authorities, is likely to decline dramatically.

Can SPLUMA Play a Role in Transforming Spatial Injustice to Spatial Justice in Housing in South Africa?

2017 ◽  
Vol 30 (1) ◽  
pp. 26-41 ◽  
Author(s):  
Jeannie Van Wyk
Keyword(s):  
South Africa ◽  
Land Use ◽  
Land Reform ◽  
Spatial Planning ◽  
National Development ◽  
Well Being ◽  
Spatial Development ◽  
Land Use Management ◽  
Spatial Justice ◽  
Spatial Environment

Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.

LAND REFORM IN SOUTH AFRICA: OBSTINATE SPACIAL DISTORTIONS

2016 ◽  
Vol 46 (1) ◽  
pp. 20-31
Author(s):  
Manala Shadrack Maake
Keyword(s):  
South Africa ◽  
Social Relations ◽  
Agricultural Production ◽  
Land Reform ◽  
Economic Transformation ◽  
Land Claims ◽  
Tenure Reform ◽  
Land Redistribution ◽  
Reform Programme ◽  
Theoretical Paper

This theoretical paper seeks to make an empirical contribution to the Land Reform discourses. The paper argues that the pace of land redistribution in South Africa is undeniably slow and limits livelihood choices of relatively most intended beneficiaries of land reform programme. The primacy and success of the programme within rural development ought to measured and assessed through ways in which the land reform programmes conforms to and improve the livelihoods, ambitions and goals of the intended beneficiaries without compromising agricultural production and the economy. In addition, paper highlights the slow pace of land reform programme and its implications on socio-economic transformation of South Africa. Subsequently, the paper concludes through demonstrating the need for a radical approach towards land reform without disrupting agricultural production and further to secure support and coordination of spheres of government. The democratic government in South Africa inherited a country which characterized by extreme racial imbalances epitomized through social relations of land and spatial distortions. Non-white South Africans are still feeling the effects of colonial and apartheid legal enactments which sought to segregate ownership of resources on the basis of race in particular. Thus, successive democratic governments have the specific mandate to re-design and improve land reform policies which are targeted to reverse colonially fueled spatial distortions. South Africa’s overall Land Reform programme consists of three key elements and namely are; land redistribution, tenure reform and land restitution. Concomitantly, spatial proponents and researchers have denounced and embraced land reform ideology and its status quo in South Africa. The criticisms overlapped towards both beneficiaries and state due to factors like poor post-settlement support, lack of skills, lack of capital, infighting over land claims and land management.

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.

LAND PLOT AS AN OBJECT OF PRIVATE PROPERTY RIGHTS

2020 ◽  
Author(s):  
Vyacheslav Vovk
Keyword(s):  
Property Rights ◽  
Land Management ◽  
Land Reform ◽  
Essential Role ◽  
Private Property ◽  
Rich Country ◽  
Private Property Rights ◽  
Land Plot ◽  
Government Supervision

Russia is a resource-rich country, and great changes are being made today in order that land and its resources are used for the benefit of any citizen of our state. Under the circumstances government supervision (control) over the optimal use of territories gets the essential role. The rights that are contained in land reform give owners, landowners, land users, and employers extensive powers concerning independent land management.

Turbulent Property Rights

2018 ◽  
Author(s):  
Hazel Gray
Keyword(s):  
Property Rights ◽  
Land Reform ◽  
High Growth ◽  
The State ◽  
The Political ◽  
Land Markets ◽  
Export Agriculture ◽  
Key Sectors ◽  
Political Settlement

This chapter explores the role of the political settlement in shaping outcomes of land investments by analysing struggles in key sectors of the economy. Land reform during the socialist period had far-reaching implications for the political settlement. Reforms to land rights under liberalization involved strengthening land markets; however, the state continued to play a significant role. Corruption within formal land management systems became prevalent during the period of high growth. Vietnam experienced a rapid growth in export agriculture but, in contrast with stable property rights for smallholders, Tanzania’s efforts to encourage large land investments were less successful. Industrialization in both countries generated new forms of land struggles that were influenced by the different distributions of power between the state, existing landowners, and investors.

Sign in / Sign up

Export Citation Format

Share Document