scholarly journals Tenure reformed

Focaal ◽  
2011 ◽  
Vol 2011 (61) ◽  
pp. 19-32 ◽  
Author(s):  
Deborah James
Keyword(s):  
South Africa ◽  
Government Policy ◽  
Land Reform ◽  
Land Rights ◽  
The State ◽  
Tenure Reform ◽  
Neoliberal Governmentality ◽  
The Relationship

This article explores the contradictory and contested but closely inter- locking efforts of NGOs and the state in planning for land reform in South Africa. As government policy has come increasingly to favor the better-off who are potential commercial farmers, so NGO efforts have been directed, correspondingly, to safeguarding the interests of those conceptualized as poor and dispossessed. The article explores the claim that planned “tenure reform” is the best way to provide secure land rights, especially for laborers residing on white farms; illustrates the complex disputes over this claim arising between state and NGO sectors; and argues that we need to go beyond the concept of “neoliberal governmentality” to understand the relationship between these sectors.

Land and Justice in South Africa: Exploring the Ambiguous Role of the State in the Land Claims Process

2012 ◽  
Vol 11 (4) ◽  
pp. 391-409 ◽  
Author(s):  
Thembela Kepe
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Land Rights ◽  
The State ◽  
Land Claims ◽  
Rural Land ◽  
Commercial Farming ◽  
Role Of The State ◽  
Policy Statements

Abstract In addition to challenges facing South Africa’s overall post-apartheid land reform, group rural land claims have particularly proven difficult to resolve. This paper explores the role that the state plays in shaping the outcomes of rural group land claims. It analyzes policy statements, including from policy documents, guidelines and speeches made by politicians during ceremonies to hand over land rights to rural claimants; seeking to understand the possible motives, factual correctness, as well as impact, of these statements on the trajectory of the settled land claims. The paper concludes that land reform as practiced in South Africa is functionally and discursively disembedded from socio-political histories of dispossession, because land has come to be treated more as a commodity, rather than as something that represents multiple meanings for different segments of society. Like many processes leading up to a resolution of a rural claim, subsequent statements by government concerning particular ‘successful’ land claims convey an assumption that local claimants have received just redress; that there was local consensus on what form of land claim redress people wanted, and that the state’s lead role in suggesting commercial farming or tourism as land use options for the new land rights holders is welcome. The paper shows that previous in-depth research on rural land claims proves that the state’s role in the success or failure of rural land claims is controversial at best.

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.

Tribal Land Rights: A Situational Analysis in the Context of West Bengal

2020 ◽  
Vol 9 (1) ◽  
pp. 193-209
Author(s):  
Sudipta Biswas ◽  
Sukumar Pal
Keyword(s):  
Land Reform ◽  
West Bengal ◽  
Land Rights ◽  
The State ◽  
Situational Analysis ◽  
Tribal Population ◽  
Political Commitment ◽  
Large Section ◽  
Tribal People ◽  
Tribal Land

Tribal communities in India are most deprived. Socio-economically, they are poor and marginalised. The root cause of socio-economic marginalisation can be attributed to alienation of tribal people from their land, territory and resources. The overall situation of the tribal population of West Bengal is not better than the national average, even more deprived than the tribal population of other states. Despite progressive land reform laws and political commitment to implement such laws, issues of tribal land rights have not been addressed adequately. There is no such exclusive study to understand the situation of tribal land rights in the state of West Bengal. This article analyses the status of tribal land rights in the state context and makes some suggestions for improving the situation. It is found that despite distribution of land titles, a large section of the tribal population remains landless. A sizable portion has not received received record-of-rights. Claims of many tribal people for forest patta remain pending or stand rejected. Tribal land alienation continues to be a matter of concern. The state has not taken any concrete steps for the restoration of unlawfully alienated tribal lands. A large section of the tribal sharecroppers in the state remain unrecorded.

Concluding Remarks to Part 3

2018 ◽  
Author(s):  
Jonathan Preminger
Keyword(s):  
Government Policy ◽  
The State ◽  
Political Community ◽  
Individual Responsibility ◽  
The Political ◽  
The Public ◽  
The Third ◽  
Third Sphere ◽  
Relationship Of ◽  
The Relationship

Chapter 15 summarizes the chapters which addressed the third sphere, the relationship of labor to the political community. It reiterates that since Israel was established, the labor market’s borders have become ever more porous, while the borders of the national (Jewish) political community have remained firm: the Jewish nationalism which guides government policy is as strong as ever. NGOs, drawing on a discourse of human rights, are able to assist some non-citizens but this discourse also resonates with the idea of individual responsibility: the State is no longer willing to support “non-productive” populations, who are now being shoehorned into a labor market which offers few opportunities for meaningful employment, and is saturated by cheaper labor intentionally imported by the State in response to powerful employer lobbies. These trends suggest a partial reorientation of organized labor’s “battlefront”, from a face-off with capital to an appeal to the public and state.

Customary Law and Communal Property in South Africa

2018 ◽  
pp. 127-151
Author(s):  
Juanita M. Pienaar
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Land Rights ◽  
Customary Law ◽  
Communal Property ◽  
Challenges And Opportunities ◽  
Constitutional Right ◽  
Communal Areas ◽  
Traditional Authorities ◽  
Recent Policy

In the geographical areas forming the focus of this contribution, the traditional communal areas in former Bantustan and homeland areas in South Africa, communal ownership flows from the application of customary law, linked to the constitutional right to culture. Living customary law, embedded in communities, entails a dynamic system of land rights which are negotiated in line with particular needs. Recent policy and legislative developments, however, seem to bolster rights of traditional authorities, thereby impacting on land rights and effectively negating spontaneous negotiation. Conceptual clarification in this contribution embodies the complexity linked to communal property, specifically land, in light of the aftermath of apartheid, the commencement of an all-encompassing land reform programme and the operation of a dual legal system comprising customary law and Western-style legal paradigms. The challenges and opportunities for law reform are explored in this context of inter-connectedness of customary law and communal property.

The Kindness of Strangers: Single Mothers and the Politics of Friendship in Interwar Cape Town

2020 ◽  
Author(s):  
Will Jackson
Keyword(s):  
South Africa ◽  
Child Welfare ◽  
Single Mothers ◽  
Cape Town ◽  
The State ◽  
Welfare Work ◽  
Normative Standards ◽  
Welfare Workers ◽  
The Relationship

Abstract Just as a friend is often defined as somebody we like, friendship is thought of as a social, moral, and emotional good. The aura of friendship is in its virtue. But the meaning of friendship depends on who claims it and who the person appears to be whom they describe as their friend. This essay investigates the meaning of friendship in the lives of single mothers in South Africa between the two world wars. The context is Cape Town, where single mothers classified as “white” or “European” attracted the attention of the state. In case records pertaining to the 1913 Children’s Welfare Act, the meaning of friendship was contested between magistrates, police detectives, welfare workers, and single mothers themselves. The struggle over how a case should be resolved was to a great extent a struggle over the meaning of friendship. To the authorities, “friends” were a disturbing presence in the lives of single mothers. While the image of healthy, secure, and stable colonial family units was articulated around the relationship between a mother and a child, it was underwritten by the taken-for-granted presence of a male provider. Analyzing cases where men were in various ways absent forces our emphasis away from the normative standards that guided child welfare work and into the messier social realities against which those standards were applied.

scholarly journals Struggles with activism: NGO engagements with land tenure reform in post-apartheid South Africa

2010 ◽  
Vol 48 (3) ◽  
pp. 383-411 ◽  
Author(s):  
Elizabeth Fortin
Keyword(s):  
South Africa ◽  
Land Tenure ◽  
Land Rights ◽  
African National Congress ◽  
Tenure Reform ◽  
High Profile ◽  
Internal Politics ◽  
Communal Land ◽  
National Congress ◽  
Ambivalent Relationship

ABSTRACTIn 2004, a long-awaited piece of post-apartheid legislation, the Communal Land Rights Act – to reform the land tenure of those living in the former ‘homelands’ of South Africa – was passed into law unanimously by parliament. This unanimity, however, conceals the extent to which the process towards this moment was deeply contested. Exploring the efforts by land sector NGOs to secure legitimacy in their engagements with this process reveals the extent to which wider power relations and contestations have determined their positioning. Those within the non-governmental land sector who opposed the legislation pitted themselves against African National Congress politicians and high-profile traditional leaders. However, the adoption of a Mamdani-inspired discourse to contest such politics and oppose the proposed legislation contributed to reinscribing narrow readings of knowledge considered to be legitimate. Their engagements were also shaped by changes in the NGO sector. Reduced funding for land sector NGOs and an increasingly ambivalent relationship between them and government contributed to contestations between NGOs and among people working within them. Their strategic engagements in such wider and internal politics influenced both the frames within which such policy change could be debated and the ways in which individuals working for NGOs consequently positioned themselves in relation to their constituents.

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