scholarly journals The 2011 Green Paper on Land Reform: Opportunities and Challenges - The National African Farmers Union (NAFU SA)

2017 ◽  
Vol 17 (2) ◽  
pp. 866
Author(s):  
Motsepe Matlala
Keyword(s):  
South Africa ◽  
Land Reform ◽  
National Level ◽  
Green Paper ◽  
Black Farmers

The National African Farmers' Union (NAFU SA) was established in 1991 with the aim of creating a "home" for thousands of black farmers who had previously been excluded from mainstream agriculture. At the time of its formation there was no farmer organisation operating at national level in South Africa.

scholarly journals How to understand, evaluate and influence efficient progress in South Africa’s land reform process: A typology from historical lessons from selected sub-Saharan African countries

2017 ◽  
Vol 20 (1) ◽  
Author(s):  
Nhlanhla C. Mbatha
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Historical Review ◽  
Social Institutions ◽  
Reform Process ◽  
Policy Uncertainty ◽  
African Countries ◽  
Post Colonial ◽  
Black Farmers ◽  
Sub Saharan

Background: With reports of widespread failures in South Africa’s land reform programmes, the levels of policy uncertainty in the political rhetoric that influences land reform have been increasing. Since 1994 policy targets to transfer land to black farmers have not been met. Of the 2005 target to transfer about 25 million ha of commercial farmland to black farmers by 2014, less than 5 million ha. have been transferred for commercial use. Some studies report failure rates in resettlement projects of up to 90%. To account for the failures, revisions of policies and amendments to legislations have been proposed within a political environment that is becoming increasingly intolerant to slow progress in land transfers and to resettlement failures.Aim: Against this environment, this paper presents a typology for understanding and evaluating important elements of the land reform project in order to influence progress in the process.Setting: The study adopts a historical review of land reform processes in post-colonial Kenya and Zimbabwe in order to identify potential challenges and key lessons for South Africa.Methods: Hence, using institutional and historical analytical lenses in exploring different narratives, the paper reviews reported failures and successes in land reform policy cases from the selected countries. From an institutional framework, prevalent social institutions and key lessons from Kenya, Zimbabwe and South Africa, a typology for evaluating important elements of the land reform process in South Africa is developed and discussed. Additionally, a review of global data collected on average sizes of farms in different regions of the world is provided as evidence to support propositions of what would constitute efficient farmland size ranges for small to medium commercial farms in South Africa.Results and conclusion: A proposition is made on how to use the typology to guide policy and research interventions to reduce failures and promote successful cases in different areas of the land reform process in South Africa, and possibly other similar contexts.

scholarly journals Improving Governance of Tenure in Policy and Practice: A Conceptual Basis to Analyze Multi-Stakeholder Partnerships for Multi-Stakeholder Transformative Governance Illustrated with an Example from South Africa

2020 ◽  
Vol 12 (23) ◽  
pp. 9901 ◽  
Author(s):  
Louisa J.M. Jansen ◽  
Patrick P. Kalas
Keyword(s):  
South Africa ◽  
Land Reform ◽  
National Level ◽  
Reform Process ◽  
Success Factor ◽  
Policy And Practice ◽  
Public And Private ◽  
Stakeholder Partnerships ◽  
Multi Stakeholder ◽  
Governance Arrangements

Tenure governance is a complex and multi-dimensional issue that requires cross-sectoral and holistic approaches, gathering the resources, information and expert skills of a variety of actors while exploring innovative, polycentric multi-stakeholder governance arrangements to address collective action challenges. To do this, multi-stakeholder partnerships are formed where public and private partners pool their resources and competencies to address mutual goals more effectively. A coherent theoretical framework to analyze multi-stakeholder partnerships as part of multi-stakeholder governance is presented based on internal conditions and the external environment. The paper expands existing frameworks to analyze multi-stakeholder partnerships through introducing a new element the deliberative capacity, a decisive success factor for the effectiveness of multi-stakeholder partnerships for multi-stakeholder transformative governance at the national level. Moreover, the practical applicability of this expanded framework is illustrated in a real case example in South Africa. This country-driven, inclusive multi-stakeholder partnership process, which integrates a variety of actors in collective decision-making on the land reform process as part of a multi-stakeholder governance process, is used as an illustration of the above framework. Such a partnership linked to multi-stakeholder governance is the key instrument to attain agreement and recognition for the dedicated implementation and monitoring of the ‘Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security’ (VGGT). The investment made by the different stakeholders in this organically constituted partnership may add to a greater transformative potential in the VGGT implementation and monitoring process, and the probability that the situation on the ground will change sustainably given the explicit linkage to national governance arrangements.

scholarly journals Editorial

2017 ◽  
Vol 17 (2) ◽  
pp. 0
Author(s):  
Dr Wian Erlank
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Historical Context ◽  
Land Policy ◽  
Green Paper ◽  
Special Edition ◽  
Joint Project ◽  
North West ◽  
The Past ◽  
Challenges And Opportunities

On Friday 27th July 2012 the conference on the "Green Paper on Land Reform: Challenges and Opportunities" was held at the Hakunamatata Estate in Muldersdrift. The conference was a joint project by the Konrad Adenauer Foundation (KAS) and the Faculty of Law, North-West University. While the main focus of the conference was on the specific issues raised by the Green Paper on Land Reform of 2011, it also addressed current and contemporary issues relating to the Land Reform issue as experienced in South Africa.Papers were delivered on various aspects of land reform relating to or arising from the Green Paper on Land Reform, 2011. The programme included a large number of excellent and thought provoking papers as well as a number of panel discussions that resulted in enthusiastic audience participation. Of these, the following papers and presentations were collected, evaluated and published in this special edition of PER. The first contribution by Wian Erlank (North-West University) gives an overview and discusses the challenges the Green Paper on Land Reform bring to the fore. It sets the stage for the publication at large. This is followed by Juanita Pienaar (University of Stellenbosch) who deliberates on what she calles the “mechanics of intervention” and the Green Paper on Land Reform. Henk Kloppers and Gerrit Pienaar (North West University) gives a historical context of land reform in South Africa and early policies; and Henk Kloppers then considers Corporate Social Responsibility (CSR) in the context of land reform.  He is followed by Hanri Mostert's (University of Cape Town) contribution on land as a 'National Asset' under the Constitution and what this system change envisaged by the 2011 Green Paper on Land Policy means for property under the Constitution.  Elmien du Plessis (University of Johannesburg) article on the lack of direction on compensation for expropriation in the 2011 Green Paper on Land Reform. This special edition ends with Motsepe Matlala, the President of the National African Farmers Union gave an illuminating oratio on the opportunities and challenges of the 2011 Green Paper on Land Reform for the National African Farmers Union (NAFU SA).The timing of this edition is fortuitous, since a follow-up to this conference was held at Hakunamatata, Muldersdrift on 19 and 20 June 2014 with the specific focus on Land Reform and Food Security.More on the theme.The contributions contained in this special edition provide an extensive overview of land reform, especially in their introductory sections - before delving into the more technical aspects. However, a very brief note on the issue of Land Reform in South Africa might be beneficial for foreign readers. As in most other areas of the world, ownership of and access to land is an important issue in South Africa. This is especially topical in South Africa due to the fact that the racial segregation policies and laws of the past had the effect of removing people from their land, of restricting their access to land, and also in most instances of prohibiting their ownership of land. Ever since the abolition of "apartheid" and the introduction of the new, democratic dispensation, the initiative of "land reform" has been identified as requiring actively promotion in order to address these injustices of the past. Mandated by the Constitution and implemented through legislation, the South African Land Reform Programme has seen many developments over the past few years. While it is clear that much has been done to address these issues, it is also clear that current land reform strategies have not have the intended effect and would need to be adapted before this important programme is resumed. The Green Paper on Land Reform of 2011 is one of the instruments that has been used to create new interest and public engagement both in Land Reform, the development of better public policy and - eventually – of legislation. In the context of this brief description of the existing situation, this issue focusses on the most pressing aspects of land reform at the moment.

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.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

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.

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