scholarly journals The Mechanics of Intervention and the Green Paper on Land Reform

Author(s):  
Juanita M Pienaar

The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse land control system. The law has been integral to this process. Since 1994, within a constitutional paradigm, interventions have been aimed at untangling the complex web of land-related measures so as to affect an equitable, co-ordinated and less complex land system. In this process law - including policy documents, plans, programmes and legislative measures - is again integral. The aim of this contribution is to ascertain whether, under the present government, the mechanics of intervention within the land reform arena have resulted overall in a sensible, workable framework within which challenges and weaknesses linked to land reform can be addressed effectively. In this regard both the structural and material dimensions of recent interventions are set out. Within this context the most recent intervention dealing with land reform in particular, the Green Paper on Land Reform of 2011, is placed in perspective and investigated further in light of the recent National Development Plan. Specific themes that have resonated in the recent mechanics of intervention, as well as the persons and communities who stand to be affected by them and the possible extent of their collective impact, are thereafter discussed. Due to the general vagueness of the Green Paper and its lack of depth and detail, the extent of the impact of the recent measures cannot be ascertained fully. The alignment of the new bodies and institutions proposed by and their contribution to actually addressing the challenges identified in the Green Paper are furthermore problematic and disappointing. Excluding vast portions of rural land comprising communal areas from all of the recent tenure-related measures is especially disconcerting. Clearly, huge gaps prevail in the resultant framework. Overall, the analysis of the recent structural and material dimensions of the recent mechanics underlines that further engineering is urgently required.

1992 ◽  
Vol 30 (4) ◽  
pp. 587-608 ◽  
Author(s):  
Donald C. Williams

The imperative to regulate and redistribute land has become almost universal to governments in the developing world. In Africa, this kind of policy has been couched in impressive language that justifies increasing regulatory control as the only viable way to revolutionise the productive use of land for national development. Land reforms often signify one element of a larger trend involving the expansion of the state at the expense of other forms of societal authority. As such, they represent the frontier of a widening struggle over legitimacy and control between ‘state’ and ‘society’. Scholars from a wide variety of intellectual traditions have recently shown increasing interest in exploring the nature and impact of the state. However, the overall utility of such an approach in helping us to understand political developments in Africa has often been hindered by the absence of empirical data.


Agriculture ◽  
2021 ◽  
Vol 11 (9) ◽  
pp. 881
Author(s):  
Da Fang ◽  
Yan Guo

This paper focuses on the impact of a new rural land reform, the Separation of Three Rights Reform, on changes in China’s agricultural production organizations. We illustrate the impact of market and nonmarket mechanisms on allocating agricultural production factors under the new rural land market transition through a land system and factor allocation model. Based on the expansion paths of different types of factors in the model, we classify the development of Chinese agricultural production entities into “extensional expansion,” “labor-intensive expansion,” “land-intensive expansion,” and “exit of agricultural production.” These agricultural production paths correspond to agricultural enterprises, family farms, agricultural cooperatives, and small farmers’ exit. Further, empirical and economic geography analysis results show that the interaction of market and nonmarket mechanisms is the main drive that induces the current diversified organizations in rural China. Thus, this paper provides a comprehensive explanation of changing patterns of an agricultural production organization under the transition of the rural land market.


Author(s):  
Hanri Mostert

This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new framework for land law. The purpose is to advance some suggestions as to how new statutory interventions can avoid being contested for unconstitutionality. The analysis focuses on the Green Paper's notion of land as a "national asset", questioning the meaning and implications of such a notion against the debate about nationalisation of important resources. In this context, the paper is critical of the perceived tendency to introduce reforms for the mere sake of political expediency. The guidelines for state interventions with property rights that would pass constitutional muster are deduced from (mainly) the decision of First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC).


Africa ◽  
2008 ◽  
Vol 78 (2) ◽  
pp. 189-222 ◽  
Author(s):  
R. F. Rohde ◽  
M. T. Hoffman

During the twentieth century, the 20,000 hectares commons surrounding the village of Paulshoek as well as the neighbouring privately-owned farms have been significantly influenced by evolving land-use practices driven largely by socio-economic and political change in the broader Namaqualand and South African region. Land-use practices in the communal lands of Namaqualand were based initially on transhumant pastoralism, then on extensive dryland cropping associated with livestock production under restricted mobility, and more recently on a sedentarized labour reserve where agricultural production now forms a minor part of the local economy. For the first half of the twentieth century, farmers on communal and privately-owned farms shared similar transhumant pastoral practices and both moved across unfenced farm boundaries. By the middle of the century, however, fence-lines were established and commercial farming on privately-owned farms was increasingly managed according to rangeland science principles. As the population grew in the communal areas, families gravitated to new ‘service’ villages such as Paulshoek and became increasingly dependent on migrant labour and state welfare. While the majority of former croplands are now fallow, many of them for decades or more, communal livestock populations have remained relatively high, fluctuating with rainfall. The impact of this history of land use can be compared with that of neighbouring privately-owned farms where low stocking rates, coupled with a variety of state subsidies, have had a very different environmental outcome. This article charts the environmental transformations that have occurred in the area of Paulshoek as a direct result of the region's political history and the evolution of the regional economy. We present a variety of evidence drawn from archival sources, oral history, repeat aerial and ground photography, and detailed climate, cropping and livestock records to show that events far beyond the borders of Namaqualand's communal areas have had a profound influence on their environments.


2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Andrea Hill ◽  
Sylvia Poss

The paper addresses the question of reparation in post-apartheid South Africa. The central hypothesis of the paper is that in South Africa current traumas or losses, such as the 2008 xenophobic attacks, may activate a ‘shared unconscious phantasy’ of irreparable damage inflicted by apartheid on the collective psyche of the South African nation which could block constructive engagement and healing. A brief couple therapy intervention by a white therapist with a black couple is used as a ‘microcosm’ to explore this question. The impact of an extreme current loss, when earlier losses have been sustained, is explored. Additionally, the impact of racial difference on the transference and countertransference between the therapist and the couple is explored to illustrate factors complicating the productive grieving and working through of the depressive position towards reparation.


2020 ◽  
Vol 16 (4) ◽  
pp. 715-729
Author(s):  
T.N. Savina

Subject. To achieve a high level of economic security is a key priority of national development. Employment reveals one of the most important aspects of social development of the individual that is associated with his or her needs satisfaction in the sphere of employment and is boon to economic security. Objectives. The purpose of the study is to show the impact of unemployment on economic security in employment. Methods. I apply such scientific methods as dialectical, historical and logical unity, structural and functional analysis, traditional techniques of economic analysis and synthesis. The methods of multivariate statistical and comparative analysis serve as a methodological basis of the study. To determine the indicator of unemployment, I use the band theory. Results. I underpin the growing role of employment in ensuring economic security. The paper presents a comprehensive assessment of the unemployment status and a comparative analysis of the indicator in the Republic of Mordovia, the Volga Federal District, and the Russian Federation as a whole. I identify trends in the average duration of unemployment, show the distribution of unemployed by level of education and age groups. Conclusions. The average annual unemployment rate in the Republic of Mordovia is lower than in Russia and the Volga Federal District. The findings may be useful for public authorities to substantiate their employment policy at both macro- and meso-levels, for designing programs and strategies for socio-economic development of regions and the social security doctrine, as well as in practical activities of employment services.


2017 ◽  
Vol 30 (1) ◽  
pp. 26-41 ◽  
Author(s):  
Jeannie Van Wyk

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.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo

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.


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