scholarly journals Land and justice in South Africa

2010 ◽  
pp. 135-139
Author(s):  
Siobhan O'Sullivan

When Nelson Mandela took office on 10th May 1994 as South Africa’s first democratic president, he pledged that out of “an extraordinary human disaster” would come “a society of which all humanity will be proud”. Since then, South Africa has been praised for overcoming racial division and hatred in a peaceful manner while developing economic growth. This positive picture of post-apartheid South Africa has been compromised in recent years by rising crime, xenophobic violence, unemployment, and service-delivery protests. My research looks at how the new democracy has redistributed land and why less than 1% of the population still own the majority of the land. To understand the slow pace of land reform, I have examined the policies of the ANC, the polarised public debates on land reform, and the constraints on economic transformation. In order to achieve justice and ultimately reconciliation, problems with redistribution must be addressed. This requires not ...

2016 ◽  
Vol 46 (1) ◽  
pp. 20-31
Author(s):  
Manala Shadrack Maake

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.


2021 ◽  
pp. 1-27
Author(s):  
Sue-Mari Viljoen

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.


2020 ◽  
Vol 42 (2) ◽  

Debates on whether reconciliation is taking place and particularly the issue of inclusive development continue in South Africa. Reconciliation is understood as a process whereby different population groups in South Africa peacefully coexist and restore amicable relations which were fractured by colonialism and apartheid. Inclusive development has to do with the socio-economic transformation that involves, or rather benefits all the peoples of a country. Socio-economic transformation is considered slow since the dawn of democracy, with nation-building, development, freedom, and related objectives having suffered in post-apartheid South Africa. The notions of justice and inclusivity require comprehensive analysis, especially many years after the formal end of apartheid in 1994. The paper examines development and reconciliation, in seeking an explanation for what appears to be a changing political landscape in South Africa, epitomised by the decline in the number of votes that the governing party, the African National Congress (ANC), is receiving since 2009 while the Economic Freedom Fighters, a relatively new party, is gaining traction. It is argued that the slow pace of inclusive development and weak reconciliation are compromising the ANC, resulting in the evolution of the political landscape in South Africa. Essentially, the inability to improve reconciliation has resulted in weak inclusive development and makes it difficult for South Africa to become a nation.


Author(s):  
Israel Tsatsire ◽  
John Derek Taylor ◽  
Kishore Raga

In this article, the new developmental mandate as s igned to local government is reviewed using the Nelson Mandela Bay Municipality (hereafter referred to as the NMBM) as a case study. The concept of developmental local government is of cardinal importance as it imposes additional specific obligations on municipal councils. In addition, the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) requires local government to render quality, affordable and sustainable basic services. Therefore, councillors are now required to meet specific Constitutional and other developmental legislative prescriptions pertaining to their communities and areas of jurisdiction.An empirical survey was conducted at the NMBM to test selected senior officials and councillors’ attitudinal responses to service delivery and the new developmental mandate as s igned to local government. The survey intended to es tabl ish whether there was institutional capacity to enhance basic service delivery. These findings are elaborated upon in this article.


2018 ◽  
Vol 8 (4) ◽  
pp. 51-61
Author(s):  
Halalisani Victor Mlambo ◽  
Mduduzi Hlongwa ◽  
Mandla Mubecua

The provision of free-higher education is one of the most debated issues in South Africa today. The issue of free-higher education has drawn many commentators from sectors such as the media, business and within the political dominions. The main argument is where will the money to fund free-higher education will come from, whether the provision of free-higher education in South Africa is a proper concept or just a parable and also the terms of reference with regards to the provision of free-higher education in the country. By strictly examining the available and relevant literature on the concept of free-higher education in South Africa, the study was able to comprehensively understand the dynamics, implications and probability of providing free-higher education. Infrastructure challenges and economic growth are undoubtedly the major factors hindering the country from providing free-higher education, and unfortunately, with the government already forging ahead with implementing free-higher education without a proper and extensive feasibility study, the hasty implementation of free-higher education will have devastating implications for growth and service delivery in the country. 


10.31355/72 ◽  
2020 ◽  
Vol 4 ◽  
pp. 023-039

NOTE: THIS ARTICLE WAS PUBLISHED WITH THE INFORMING SCIENCE INSTITUTE. Aim/Purpose....................................................................................................................................................................................................... The main aim of this study was to investigate the status of records management program at Walter Sisulu University (WSU) using the Nelson Mandela Drive Site of Mthatha Campus as a case study. Background......................................................................................................................................................................................................... For an organization to function effectively, records (both in electronic and paper format) need to be captured, recorded and secured in order to ensure their authenticity, integrity, reliability and accessibility. The core functions of a university are learning, teaching, research and community engagement, and in order to carry out these functions records are created and received. Records therefore, constitute an essential instrument of administration of any institutions without which operational processes and functions cannot be executed (Kendall and Mizra, 2006). Thus, a proper and efficient managing of records is critical to functioning and administration of institutions. Council of Higher Education (2000) pointed out that record-keeping in the higher education institutions in South Africa was inadequate. Effective records management in universities in the Eastern Cape has not been adequately documented. Hence, this study investigates the records management program that exist in WSU. Although legislation regulating the management of records in South Africa exist, they might be ignorance on the part of certain officials entrusted with managing WSU records and that could have adverse effect on the performance of WSU and ultimately on service delivery. Methodology....................................................................................................................................................................................................... This study may have influence in policy formulation and compliance with the judicial directives on records management program of universities. It may also help improve service delivery, by enabling orderly, accountable and efficient management of universities records. Contribution........................................................................................................................................................................................................ This study may have influence in policy formulation and compliance with the judicial directives on records management program of universities. It may also help improve service delivery, by enabling orderly, accountable and efficient management of universities records. Findings .............................................................................................................................................................................................................. The major findings of the study revealed WSU fell below the requirements in terms of records management program on maintaining records that document its business activities. Inadequate infrastructure, inadequacy regarding the desirable control of WSU records at each stage as required by the records life cycle framework was also found to be inadequate and limited knowledge of legal requirements regarding records management. Recommendations for Practitioners................................................................................................................................................................. Based on the findings, the following recommendations were made. Effort should be made to implement a Centralized control of Decentralized Registry System (Integrated Registry System), provision of training of staff, as well as proper infrastructural facilities to manage WSU records that document its business activities. Recommendation for Researchers................................................................................................................................................................... There is a need for further studies of this kind in other Universities, Technical and Vocational Education (TVET) Colleges in the Eastern Cape Province in order to establish their practices in managing records that document their business activities. Impact on Society.............................................................................................................................................................................................. The research will assist to highlight to administrators, policy makers of universities that proper records management could help universities to manage their information efficiently, fulfill their mandate, protect them from litigation, preserve their corporate memory, and foster accountability and good governance. Future Research.................................................................................................................................................................................................. A study to check the readiness of institution of higher learning to manage electronic records that documents their business activities in the 21st Century digital era will be vital in this context.


2014 ◽  
Vol 13 (5) ◽  
pp. 1057
Author(s):  
J. H. Leibbrandt ◽  
C. J. Botha

The establishment of a new democracy has created high expectations amongst all the different communities of South Africa. The demand for basic essential services by the previously disadvantaged communities has increased drastically, whilst at the same time, communities from developed areas are expecting and demanding an acceptable level of maintenance and services in their respective areas. Municipalities are in serious distress with regular service delivery protests, huge service delivery and infrastructure backlog challenges (e.g., electricity, roads, housing, water, and sanitation), poor financial management and the inability to execute approved strategies, plans, and programs. This article focused on the municipalities in the Gauteng Province of South Africa and the main objective was to answer the survey question: What prevents Gauteng municipalities to successfully execute its strategies and what can be done to address the situation? The research objectives were firstly, to review the literature and determine the key enablers required for successful strategy execution; secondly, to analyze the findings of the empirical research and to make recommendations towards the improvement of strategy execution within Gauteng municipalities. The third and final objective was to develop an integrated operating framework for strategy execution in Gauteng municipalities. The article concluded by making recommendations towards the improvement of strategy execution within municipalities and developing an integrated operating framework for strategy execution. The results of the literature review as well as the empirical research were taken into account during the development of the integrated operating framework.


Author(s):  
Sibusiso Masuku

Just like most cities in South Africa, the Nelson Mandela Metro, which comprises the former Port Elizabeth, Despatch and Uitenhage municipalities, faces serious challenges in its efforts to address crime. A victim survey and analysis of police crime statistics conducted by the ISS indicate that there are high rates of property crime, violent crime and robbery in the metro. Although these are spread out, some communities are more affected by certain crime types than others. It is imperative that the municipality makes a strategic decision about areas of focus, which crime types to deal with first, and about appropriate and effective crime reduction interventions linked to service delivery.


Author(s):  
G. Z. Yuzbashieva ◽  
A. M. Mustafayev ◽  
R. A. Imanov

The indicators that determine the change in the macroeconomic situation in the economy of Azerbaijan in 2010–2017, as well as the conditions for increasing the effectiveness of state intervention in solving economic problems are analyzed. It is noted that it is not the size of the public sector that becomes important, but its qualitative component (management and redistribution of resources and revenues, coordination of government intervention in economic relations). The main reasons limiting economic growth are identified, and the mechanisms for overcoming them are disclosed, since economic growth is of particular importance in the transformational period of state development. It substantiates the assertion that the forms and methods of state regulation should be the result of a reasonable combination of the private and public sectors of the economy to more effectively achieve the goal of economic development of the country and increase the welfare of the population. To this end, it is advisable to limit the actions of market forces and find a rational ratio of market and government measures that stimulate economic growth and development.It is shown that in the near future the development of the economy of Azerbaijan should be focused on the transition to the integration of various models of economic transformation; at the same time, “attraction of investments” should be carried out by methods of stimulating consumption, and the concept of a socially oriented economy, which the state also implements, should prevail, thereby ensuring social protection of the population and at the same time developing market relations. Disproportions in regional and sectoral development are also noted, which are the result of an ineffective distribution of goods produced, inadequate investment in human capital, a low level of coordination and stimulation of economic growth and development.


Derrida Today ◽  
2010 ◽  
Vol 3 (1) ◽  
pp. 21-36
Author(s):  
Grant Farred

‘The Final “Thank You”’ uses the work of Jacques Derrida and Friedrich Nietzsche to think the occasion of the 1995 rugby World Cup, hosted by the newly democratic South Africa. This paper deploys Nietzsche's Zarathustra to critique how a figure such as Nelson Mandela is understood as a ‘Superman’ or an ‘Overhuman’ in the moment of political transition. The philosophical focus of the paper, however, turns on the ‘thank yous’ exchanged by the white South African rugby captain, François Pienaar, and the black president at the event of the Springbok victory. It is the value, and the proximity and negation, of the ‘thank yous’ – the relation of one to the other – that constitutes the core of the article. 1


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