Institute for Rural Development / MRDV

Thesis (LLD.) -- University of Limpopo, 2021 / Access to land in South Africa has become a pressing concern and one that needs special attention. This is so despite the advent of democracy in 1994 which brought legislative frameworks and other measures promoting access to land. This study seeks to demonstrate the importance of accessibility of land to ensure realization of socio economic rights through productive use of land and consequently contribute to poverty alleviation and sustainable development in South Africa. The study examines adequacy of access to land and productive use of such land by evaluating the effectiveness of delivery of land reform program. The study emphasises that productive use of land should be strengthened in order to ensure acceleration of realization of sustainable socio-economic rights such as provision of food and better living conditions for land reform beneficiaries. The study further encourages the need to strengthen legislative measures and compliance in order to improve the delivery of post-settlement support services to land reform beneficiaries. The Legislation such as Restitution of Land Rights Act, Provision of Land and Assistance Act , Extension of Security tenure Act and Land Adjustment Act were promulgated and mainly aimed at addressing and regulating the allocation or distribution of land to persons or communities who were previously dispossessed of their land and further made provisions for instances where one or more persons claim ownership of land, but do not have registered title deeds in respect thereof, and to provide for incidental matters. There is a need for radical enforcement of laws, legislation, and regulations promoting access to land through restitution, redistribution and strengthening tenure reform in order to realize the delivery and enjoyment of socio-economic rights through productive use of land. This study reviews laws and regulations in an attempt to utilize land as a tool to alleviate poverty and accelerate sustainable development in South Africa, which will enable people to gain access to essential services particularly in rural areas. Therefore, there is a need to ensure that redistributed land is used productively to improve the lives of land reform beneficiaries

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This study focuses on the discretionary inter vivos trust. It specifically investigates what the discretion of a trustee comprises and in which circumstances (if any) the court may amend the trustee‟s discretion as stipulated in the deed of trust. In order to make any meaningful conclusions, the different types of trusts, and more specific the way in which trusts are classified, needs to be researched. An inter vivos trust is classified as a contract for the sake of a third. Consequently contract law rules are applied in the interpretation and amendment of an inter vivos trust. The source, goal and tenor of a trustee‟s discretion, as well as the circumstances wherein this discretion may be amended, are investigated. The general rule is that courts have no discretion to amend a trust, but there is an exception to the rule. In accordance with article 13 of the Trust Property Control Act 57 of 1988 courts do have the power to amend or cancel the deed of trust in certain circumstances. In Potgieter and Another v Potgieter NO and Others 2012 (1) SA 637 (HHA) the court ruled that the power granted by article 13 does not enable judges to create law by amendment of the deed of trust according to their subjective interpretation of what is fair and just. The facts of the Potgieter case serve as problem statement for this study by focusing on the problems and unjust consequences of the strict application of contract law rules on a trust when the court does not take the changing circumstances of the trust founder into account. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014

This study focuses on the discretionary inter vivos trust. It specifically investigates what the discretion of a trustee comprises and in which circumstances (if any) the court may amend the trustee‟s discretion as stipulated in the deed of trust. In order to make any meaningful conclusions, the different types of trusts, and more specific the way in which trusts are classified, needs to be researched. An inter vivos trust is classified as a contract for the sake of a third. Consequently contract law rules are applied in the interpretation and amendment of an inter vivos trust. The source, goal and tenor of a trustee‟s discretion, as well as the circumstances wherein this discretion may be amended, are investigated. The general rule is that courts have no discretion to amend a trust, but there is an exception to the rule. In accordance with article 13 of the Trust Property Control Act 57 of 1988 courts do have the power to amend or cancel the deed of trust in certain circumstances. In Potgieter and Another v Potgieter NO and Others 2012 (1) SA 637 (HHA) the court ruled that the power granted by article 13 does not enable judges to create law by amendment of the deed of trust according to their subjective interpretation of what is fair and just. The facts of the Potgieter case serve as problem statement for this study by focusing on the problems and unjust consequences of the strict application of contract law rules on a trust when the court does not take the changing circumstances of the trust founder into account. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014

This study briefly discusses land restitution in several countries in Europe and the Americas, the history of land deprivation in South Africa, and the legislation introduced to remedy the inequality of land ownership. Differing interpretations of the legislation in respect of the valuation of land to be purchased by the state for restitution purposes and the valuation formulae recommended at various times by the state and its advisors are discussed. Some of the problems encountered in the implementation of the South African restitution program, including the highly emotional expropriation/confiscation issues, are mentioned. Three case studies based on these differing interpretations are given. The case studies illustrate the evolution of the interpretations of the legislation concerning land restitution valuations in South Africa. / School: Management sciences / M. Tech. (Real Estate)

The main objective of the thesis was to investigate the feasibility of accurately and precisely fore- casting the number of both national and provincial bene ciaries of social security grants in South Africa, using simple autoregressive integrated moving average (ARIMA) models. The series of the monthly number of bene ciaries of the old age, child support, foster care and disability grants from April 2004 to March 2010 were used to achieve the objectives of the thesis. The conclusions from analysing the series were that: (1) ARIMA models for forecasting are province and grant-type spe- ci c; (2) for some grants, national forecasts obtained by aggregating provincial ARIMA forecasts are more accurate and precise than those obtained by ARIMA modelling national series; and (3) for some grants, forecasts obtained by modelling the latest half of the series were more accurate and precise than those obtained from modelling the full series. / Mathematical Sciences / M.Sc. (Statistics)

Prior to the introduction of section 37C into the Pension Funds Act. 24 of 1956, the benefit payable as a result of the death of a member would devolve in accordance with his last will and testament or the provisions of intestate succession. The advent of section 37C brought a statutory regime which expressly excludes freedom of testation and rather looks to the board of a fund to distribute the death benefit. The board may only pay the dependants of a deceased (either factual or legal) or the persons he has recorded on his nomination form. The section relies on the board to exercise its discretion in a manner which results in an equitable distribution of the death benefit notwithstanding that it does not provide any guidelines as to how this is to be achieved. Accordingly, numerous decisions are challenged by the identified beneficiaries because they are unhappy with the manner in which the board exercised its discretion. This results in complaints being lodged with the Pension Funds Adjudicator. Many such complaints should never have arisen or could have been easily solved by a proper exercise of discretion on the part of the board. The problem is that these complaints are adding to an already burdened office. Adequate training and understanding of the obligations of section 37C would probably result in fewer complaints to the Adjudicator. This dissertation examines whether the determinations which have been issued by the Adjudicator in respect of section 37C indicate a need for such training and understanding and, if they do, what possible remedies there might be to cure such a problem. Recommendations arising from this are that trustees must receive training focused on section 37C and proposed practical protocols to assist a board when exercising its duty to make an equitable distribution. / Jurisprudence / LL.M.

The study aims to evaluate the Entrepreneurial Seed Fund Programme (ESFP) of the Cape Winelands District Municipality (CWDM). This Programme aims to provide seed funding to emerging and established businesses in order to start and/or grow their businesses. The Programme provides funding through a grant-in-kind by procuring the goods and equipment that the business needs. The businesses qualifying for the funding are not solely focusing on profit-making; they are addressing social issues through business activities in their communities. The population of the study includes five successful and unsuccessful beneficiaries and a questionnaire was designed in order to determine the contributing factors to the success or failure of the business and if the objectives of the Programme was realised. In conclusion, the ESFP can be regarded as a sustainable programme which contributed to job creation and social upliftment. The ESFP should be strengthened with a small business incubation programme in order to enhance its sustainability. / Public Administration & Management / M. Tech. (Public Management)

A Freedom Charter statement regarding land is highlighted as follows: “The land shall be shared among those who work it, demands a redistribution of the land and state assistance for the peasantry, as well as the abolition of any restrictions on movements of people, access to land, and stock holdings.” The quest for inclusive and participatory governance enshrined in the South Africa’s Land Reform Programme resonates with efforts to develop and strengthen an active and critical rights based citizenship. The need to boost local community awareness of land reform challenges necessitates continuous evaluations of the lived realities of poor communities through participatory and collaborative methodologies in order to articulate their socio-economic problems. Land is regarded as a resource that gives people access to certain basic needs necessary for them to lead a dignified life. This research explores the participation of the Catholic Church on land reform programmes in South Africa between 1994 and 2014. It also looks at the Catholic Church’s land ownership policy and how it has been using its land in two decades of democracy (1994-2014). This research further explores the Catholic vision for land reform in South Africa. It also highlights some key theological criteria which may assist to achieve the intended objectives. In the light of this reality, the research shows that there is lack of meaningful progress in enabling those who are impoverished to assert their right to own land. Even the majority that have benefited from various land reform programmes and have become land owners have not received sufficient support to enable them to use and care for the land in such a way that benefits them. This leads to an unproductive and demeaning lifestyle. More emphasis needs to be placed on proper financial support from the government. Further emphasis needs to be placed on training for skills development as a condition for receiving Church assistance on the part of the beneficiaries. / Christian Spirituality, Church History and Missiology / M. Th. (Church History)