scholarly journals De-judicialization, Outsourced Review and All-too-flexible Bureaucracies in South African Land Restitution

2015 ◽  
Vol 33 (1) ◽  
Author(s):  
Olaf Zenker
Keyword(s):  
South African ◽  
Land Restitution

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.

Moral Subjectivity and Affective Deficit in the Transitional State

2015 ◽  
Vol 59 (4) ◽  
pp. 66-82
Author(s):  
Christiaan Beyers
Keyword(s):  
South African ◽  
Transitional Justice ◽  
The State ◽  
Colonial Era ◽  
Land Claim ◽  
Transitional State ◽  
Social Fact ◽  
Political Resource ◽  
Legal Subjects ◽  
Land Restitution

In the context of transitional justice, how does the reinvented state come to be assumed as a social fact? South African land restitution interpellates victims of apartheid- and colonial-era forced removals as claimants, moral and legal subjects of a virtuous 'new' state. In the emotional narratives of loss and suffering called forth in land claim forms, the state is addressed as a subject capable of moral engagement. Claim forms also 'capture' affects related to the event of forced removals as an unstable political resource. However, within an ultimately legal and bureaucratic process, the desire for recognition is typically not reciprocated. Moreover, material settlements are indefinitely delayed due to political and institutional complications. The resulting disillusionment is counterweighed by persistent aspirations for state redress.

South African land restitution : unpacking the backlog problem

2019 ◽  
Vol 16 (4) ◽  
pp. 69-90 ◽  
Author(s):  
Joseph Mudau ◽  
◽  
Ricky Munyaradzi Mukonza ◽  
Bhekabantu Alson Ntshangase ◽  
◽  
...  
Keyword(s):  
South African ◽  
Land Restitution

The Importance of Conversation in Transitional Justice: A Study of Land Restitution in South Africa

2014 ◽  
Vol 39 (04) ◽  
pp. 902-937 ◽  
Author(s):  
Bernadette Atuahene
Keyword(s):  
South Africa ◽  
Procedural Justice ◽  
South African ◽  
Transitional Justice ◽  
Institutional Arrangements ◽  
The South ◽  
Communication Breakdowns ◽  
Land Restitution

One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land restitution commission officials to sustain a conversation with each other had the greatest effect on whether respondents believed that the land restitution process was fair. The study also contributes to the existing literature by exploring the institutional arrangements and resources necessary to facilitate communication and to overcome any communication breakdowns encountered.

Securing benefits for local communities from international visitors to the Kgalagadi Transfrontier Park

2017 ◽  
Vol 23 (8) ◽  
pp. 1553-1567 ◽  
Author(s):  
Johane Dikgang ◽  
Edwin Muchapondwa ◽  
Jesper Stage
Keyword(s):  
South African ◽  
National Parks ◽  
Demand Function ◽  
Revenue Sharing ◽  
Local Communities ◽  
Large Share ◽  
Positive View ◽  
Net Revenue ◽  
International Visitors ◽  
Land Restitution

This article estimates the visitation demand function for Kgalagadi Transfrontier Park (KTP) in order to determine the scope for raising fees charged to international tourists in order to fund revenue-sharing schemes for local communities. International and Southern African Development Community tourists account for approximately 25% and 2% of the total number of visitors to South African national parks, with domestic visitors making up the remaining portion. Although small, the South African international tourism market is mature and accounts for a disproportionately large share (around 42%) of net revenue. To estimate visitation demand at the KTP and three other national parks, random effects Tobit Model was used. Using the estimated elasticities, the revenue-maximizing daily conservation fee was computed to be R1 131.94 (US$144.20) for KTP, which can be compared with the R180 (US$22.93) currently charged. Furthermore, the study also demonstrated that there is a possibility of raising fees at the other three parks. Sharing conservation revenue with communities surrounding parks could demonstrate the link between ecotourism and local communities’ economic development and promote a positive view of land restitution involving national parks.

The determination of park fees in support of benefit sharing in Southern Africa

2016 ◽  
Vol 23 (6) ◽  
pp. 1165-1183 ◽  
Author(s):  
Johane Dikgang ◽  
Edwin Muchapondwa
Keyword(s):  
South African ◽  
Demand Function ◽  
Local Communities ◽  
Skewed Distribution ◽  
Benefit Sharing ◽  
Land Restitution ◽  
Contingent Behaviour ◽  
Distribution Of Income ◽  
Recreational Opportunity

Sharing conservation revenue with communities surrounding parks could demonstrate the link between ecotourism and local communities’ economic development, promote a positive view of land restitution involving parks, help address skewed distribution of income in the vicinity of parks and act as an incentive for local communities to participate in conservation even more. This article estimates the visitation demand function for Kgalagadi Transfrontier Park (KTP) in order to determine the appropriate conservation fee to charge visitors to maximize park revenue. The data were generated from contingent behaviour experiments on South African residents at KTP and three other parks deemed as either substitutes or complements for visitors to KTP. Our results suggest that there is sheer underselling of the recreational opportunity at KTP, which implies that there is room for generating extra revenue to support benefit sharing arrangements with the local communities. The conservation fees at KTP can increase by as much as 115%, thereby almost doubling current revenue after accounting for the drop in visitation which will be triggered by the increase.

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