scholarly journals LAND REFORM AND THE MEANING OF THE FAIR TRADE IN THE CONTEXT OF THE REPUBLIC OF SOUTH AFRICA

2017 ◽  
Vol 1 (1) ◽  
pp. 28
Author(s):  
Koichi Ikegami
Keyword(s):  
South Africa ◽  
Fair Trade ◽  
Land Reform ◽  
Market Access ◽  
Difficult Problem ◽  
Added Value ◽  
Strategic Partnership ◽  
Economic Sustainability ◽  
Fair Trade Movement ◽  
The Republic

Fair Trade is drastically expanding to mainstream in the 2000s. Even in the Republic of South Africa (South Africa) has the Fair Trade Movement appeared in agricultural and food sectors. Management companies and white farms are not marginalized people, who are major target of Fair Trade movement in general. This paper intended to answer the questions why management companies and white farms are involved in Fair Trade movement. The paper argued that major players of Fair Trade in South Africa is a large commercial farm owned by white South Africans who are very sensitive to political pressure. Fair Trade movement in South Africa. South Africa is facing a difficult problem on how to reduce the poor-rich distinction in agriculture. From this context, land reform should be urgently and strongly promoted. Land reform gave impacts by way of two courses. One is the necessity of economic sustainability by introducing a concept of ‘fairness’ as appealing new added value, followed by initiating Fair Trade farms and Strategic Partnership Approach. The other is the politico-psychological pressure to secure good reputation of ‘fairness’, which was caused by social pressure of land reform and domestic policies seeking for reduction of disparities between rural-urban and agriculture-industry relationships. Although the land reform is urgent for economic sustainability, but the land reform farm failed to continue their business due to the lack of know-how and knowledge concerning farm activities and lack of good market access and the market structure to block native Africans to sell in a free way. In this point, Fair Trade is one of possible solutions.

scholarly journals Impact of Recapitalisation and Development Programme on Performance of Land Reform Beneficiary Farmers in KwaZulu-Natal, South Africa

2021 ◽  
Vol 13 (5) ◽  
pp. 91
Author(s):  
T. Shabangu ◽  
M. S. C. Ngidi ◽  
T. O. Ojo ◽  
S. C. Babu
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Tax Compliance ◽  
Development Programme ◽  
Third Party ◽  
Strategic Partnership ◽  
Farm Income ◽  
Switching Regression ◽  
Kwazulu Natal ◽  
The Impact

Providing appropriate post-settlement support to farmers is crucial for sustainable development of smallholder agriculture in South Africa. In unravelling this, the South Africa’s Recapitalization and Development Programme (RADP) was initiated. Hence, this study analysed the impact of RADP on performance of land reform beneficiary farmers in KwaZulu-Natal, South Africa. A multistage sampling procedure was used to select (n = 264) respondents for the study. Accounting for endogeneity issues in RADP assessments and its impact on the performance of land reform farmers, an endogenous switching regression model (ESRM) was employed. In the same vein, a doubly-robust inverse probability weighted regression adjustment was used as credible remedy for potentially biased estimates of ATT and POM of endogenous treatment model. The main findings revealed that tax compliance, secondary organization, legal entity, farm potential income at acquisition, farmers receiving third party assistance and strategic partnership were statistically significant in influencing the participation of farmers in RADP. Mentorship remains an extremely challenging element in post-settlement. However, through the strategic partnership of RADP farmers had likelihood to improve the farm and increase farm income. The results of the suggest that the RADP can contribute to a deep process of change and empowerment of farmers. In the same vein, strategic partnership of RADP is likely to improve the farmers’ performance. Therefore, there is a need to strongly improve mentorship and strategic partnership programme to encourage participation of land reform farmers in the support programmes.

scholarly journals Property and "Human Flourishing": A Reassessment in the Housing Framework

2019 ◽  
Vol 22 ◽  
pp. 1-27
Author(s):  
Sue-Mari Viljoen
Keyword(s):  
South Africa ◽  
Social Relations ◽  
Land Reform ◽  
Theoretical Perspective ◽  
Human Flourishing ◽  
Societal Needs ◽  
Normative Foundation ◽  
Housing Rights ◽  
The Republic ◽  
Work Done

In South Africa, land/housing is a finite non-shareable type of property that must yield to stringent constitutional control to meet land reform and housing objectives, which is high on our constitutional agenda to redress injustices of the past and allow the previously dispossessed to take their rightful place in society. This article considers the normative framework that underlies the types of property that must be regulated for the purposes of section 25 of the Constitution of the Republic of South Africa, 1996, since very few cases have been decided in such a way as to consider, from a normative perspective when land/housing should be subject to greater governmental control and when not. Even in the context of expropriation without compensation, certain types of land/buildings are being flagged for this purpose, but the normative reasons for such propositions remain unclear. The purpose of this article is to offer a theoretical perspective, based on work done by progressive-property scholars, on the normative foundation of some property rights, with the object of initiating a dialogue concerning whether or not such rights should be regulated. The notion of human flourishing, as developed by Alexander, should arguably be essential in determining whether land/housing rights should be subject to greater constitutional scrutiny; the more property contributes to the individual's autonomy and ability to partake in social relations, the more sceptical we should be of severe governmental interference; whereas the lesser the notion of human flourishing appears, the greater governmental interference should be. An approach of this kind adheres to the systemic purpose of section 25 of the Constitution, because the property clause is intended to regulate established rights just as much as it is intended to meet certain societal needs  

scholarly journals Land Reform in the Republic of South Africa: Social Justice or Populism?

Werkwinkel ◽  
2017 ◽  
Vol 12 (1) ◽  
pp. 71-84 ◽  
Author(s):  
Arkadiusz Żukowski
Keyword(s):  
South Africa ◽  
Social Justice ◽  
South African ◽  
Land Reform ◽  
Political Discourse ◽  
Free Market ◽  
African National Congress ◽  
Historical Background ◽  
Democratic State ◽  
The Republic

Abstract In the paper land reform in South African political discourse will be investigated, especially the process of its politicization. How the topic of land reform is used by political forces, especially the ruling party; the African National Congress and current President Jacob Zuma. Does the Republic of South Africa take a populist turn on land reform or is it some kind of social justice after the suppression of the apartheid era and decades before? The political disputes and decisions will be analysed in confrontations with the fundamentals and values of a democratic state as a guarantee of property rights, private ownership and free market principles (dilemma of the problem of willing buyer - willing seller). It will be necessary to present the historical background of land problem in the RSA. The problem will be investigated in connection with the socio-economic situation of the RSA. The study will also tackle the problem of social and economic inequality from the perspective of politics. In the paper, a mix of primary and secondary research methods of data collection and analysing will be used. Theoretical framework will be based on assumptions of political discourse and the paradigm of “classic” land reform.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

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.

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