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Thesis (LLM)--Stellenbosch University, 2012. / Includes bibliography / ENGLISH ABSTRACT: The South African land question presents complex legal and social challenges. The legal aspects of land are inextricably linked to other socio-economic aspects, such as access to housing, healthcare, water and social security. The Constitution provides for land reform in the property clause - section 25. This clause, while seeking to redress the colonial land dispossessions, by means of a tripartite land reform programme, also protects the property rights of all. The different legs of the land reform programme are redistribution, which is aimed at enabling citizens to access land on an equitable basis; restitution, which sets out to restore property rights or grant equitable redress to those dispossessed of land as a result of past racially discriminatory laws or practices and finally tenure reform. Tenure reform is premised on transforming the landholding system of those with legally insecure tenure as a result of past racially discriminatory laws or practices or granting comparable redress. The primary focus of this thesis is on tenure security for black rural women in South Africa, while using the Namibian experience with regard of the same group as a comparison. Historically, before colonialism, landholding was governed by the customary law of the various tribes in South Africa. This landholding system underwent extensive change through the colonial era that ultimately led to a fragmented and disproportionate distribution of land based on race, with insecure land rights particularly in rural areas, where women are the majority. With the dawn of the Constitutional era, South Africa embarked upon a social justice project, based on a supreme Constitution, embodying human dignity, equality, non-racialism, accountability and the rule of law. Land reform forms part of the social project and is governed by the Constitution and influenced by both the civil and customary law. With the South African tenure context, policy documents, legislation and case law will be analysed. In this process the role of the stakeholders and other related factors, for example customary practices are also considered. The analysis indicates that case law has played a significant part in addressing women’s plight with regard to equality, tenure reform and abolishing suppressive legislative provisions and practices. It is furthermore clear that the different categories of women are affected differently by the overarching tenure and other related measures. For a legal comparative study, Namibia was chosen for the following reasons: (a) both South Africa and Namibia have a shared colonial and apartheid background; (b) both countries have a Constitutional foundation incorporating human rights and equality; and (c) both countries have embarked on land reform programmes. However, contrary to the South African position, both the Namibian Constitution and its National Land Policy are more gender-specific. Tenure reform is an on-going process in Namibia in terms of which specific categories of women have benefitted lately. To that end the gender inclined approach may be of specific value for the South African situation, in general, but in particular concerning black rural women. Consequently, particular recommendations, linked to the specific categories of women, are finally provided for the South African position, in light of the Namibian experience. / AFRIKAANSE OPSOMMING: Die Suid-Afrikaanse grondkwessie beliggaam ingewikkelde regs- en sosiale uitdagings. Die regsaspekte wat verband hou met grond is ook onlosmaaklik gekoppel aan sosio-ekonomiese kwessies, soos byvoorbeeld toegang to behuising, gesondheidsdienste, water en sosiale sekuriteit. Die Grondwet maak vir grondhervorming in die eiendomsklousule, artikel 25, voorsiening. Die eiendomsklousule beoog om koloniale grondontnemings (deur ‘n drie-ledige oorhoofse grondhervormingsprogram) aan te spreek en terselfdertyd eiendomsregte te beskerm. Die oorhoofse grondhervormingsprogram bestaan uit herverdeling, waarmee billike toegang tot grond vir alle burgers bewerkstellig word; restitusie, waarvolgens herstel (of ander billike vergoeding) vir persone en gemeenskappe wat grond en regte as gevolg van rasdiskriminerende maatreëls verloor het, bewerkstellig word en laastens grondbeheerhervorming. Grondbeheerhervorming behels die aanpas of opgradeer van grondbeheervorme (of die betaal van billike vergoeding) in gevalle waar regte onseker (of swak) is weens rasdiskriminerende maatreëls en praktyke van die verlede. Die hooffokus van die tesis is op die regsekerheid (al dan nie) van grondbeheer van swart landelike vrouens in Suid- Afrika, met die Namibiese ervaring as regsvergelykende komponent. Histories, voordat kolonialisme ingetree het, was grondbeheer deur die tradisionele inheemse reg van die verskillende gemeenskappe in Suid-Afrika gereguleer. Hierdie grondbeheersisteme het grootskaalse verandering gedurende die koloniale tydperk ondergaan. Dit het eindelik tot ‘n rasgebaseerde, gefragmenteerde sisteem gelei waarvan die verdeling van grond disproporsioneel was en die grondbeheervorme regsonseker, veral in die landelike gebiede waar vrouens die meerderheid van die bevolking uitmaak. Toe die grondwetlike era in Suid-Afrika aanbreek, is daar met ‘n sosiale geregtigheidprojek (heropbou en ontwikkeling) begin. Hierdie benadering is op die Grondwet gefundeer waarin menswaardigheid, gelykheid, nie-rassigheid, rekenskap en regsorde beliggaam is. Grondhervorming vorm deel van die oorhoofse projek en word deur die Grondwet bestuur en deur beide die nasionale en die Inheems reg beïnvloed. Met betrekking tot die Suid-Afrikaanse grondbeheeristeem word beleidsdokumente, wetgewing en regspraak geanaliseer. In hierdie proses word die rol van belanghebbendes en ander verwante aspekte, soos byvoorbeeld Inheemse partyke, ook oorweeg. Die analise dui aan dat dit veral ontwikkelings in regspraak is wat ‘n groot bydrae gelewer het om vrouens se stryd om gelykheid en sekerheid van grondbeheer te bevorder en wat gelei het tot die afskaffing van onderdrukkende wetgewende maatreëls en praktyke. Dit is verder ook duidelik dat verskillende kategorieë van vrouens verskillend deur die oorhoofse grondbeheer- en ander verwante maatreëls, geaffekteer word. Namibië is vir die regsvergelykende analise geïdentifiseer omdat (a) beide Suid- Afrika en Namibië ‘n koloniale en apartheidsgeskiedenis deel; (b) beide jurisdiksies ‘n grondwetlike basis het waarin menseregte en gelykheid beliggaam word; en (c) beide lande grondhervormingsprogramme van stapel gestuur het. In teenstelling met die Suid-Afrikaanse benadering, is die Namibiese Grondwet en die nasionale grondbeleid egter meer geslag-spesifiek. Grondbeheerhervorming in Namibië is ‘n aaneenlopende proses waaruit veral sekere kategorieë vrouens onlangs voordeel getrek het. Om daardie rede mag die geslag-spesifke benadering wat in Namibië gevolg word vir Suid-Afrika ook van waarde wees, nie net in die algemeen by grondbeheer nie, maar spesifiek ook met betrekking tot swart landelike vroue. In die lig van die Namibiese ervaring word daar ten slotte spesifieke aanbevelings tot die Suid-Afrikaanse sisteem, gekoppel aan bepaalde kategorieë van vroue, gemaak.

This study explores how land and natural resources in rural communities are accessed, used, and managed in livelihoods. In particular it examines first, crop field tenure, and livelihoods in natural resources. Second it explores factors that mediate access, use and control of land and natural resources within village communities. Empirical data are explored from two rural village communities of Kamena and St. Joseph located in the Northern and Copperbelt provinces of Zambia respectively. The study argues first that land and natural resource rights underpin land based livelihood activities of rural people, the most important of which are subsistence and cash crop farming, and the gathering and processing of common property resources. Second the thesis argues that land tenure reform impacts on the rural population as a whole and not just on cash crop farmers, and should thus situate the needs of farmers for secure tenure within the wider context of diverse rural household livelihood strategies. The study concludes that social differences (along the axes of wealth, gender and descent), traditional institutions (uxorilocal or virilocal marriage, polygamy, inheritance and succession) and government policy are central in determining access, use and control of land and natural resources in rural livelihoods. It is submitted that, rather than being replaced, customary land tenure, and traditional land administration structures in rural Zambia should be adapted to current social and economic realities in which individuals and households create their multiple livelihoods. Further, it is concluded that land tenure reform is not a sufficient condition for rural livelihood sustainability. Thus complementary agrarian measures to address the vulnerability context of rural households are recommended.

by Wong Yiu Fai Peter. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1994. / Includes bibliographical references (leave 91). / ABSTRACT / TABLE OF CONTENTS / LIST OF ILLUSTRATIONS / LIST OF TABLES / CHAPTER Page(s) / Chapter I. --- INTRODUCTION --- p.1-3 / Chapter II. --- THE THEORY OF PROPERTY RIGHTS --- p.4-8 / Chapter 1. --- Value of Good --- p.4 / Chapter 2. --- Nature of Property Rights --- p.4-5 / Chapter 3. --- Externalities and Property Rights --- p.5-6 / Chapter 4. --- The Exchange of Property Rights and Internalization --- p.6-7 / Chapter 5. --- The Development of Property Rights --- p.7-8 / Chapter III. --- the changing pattern of real property rights in china --- p.9-24 / Chapter 1. --- Historical Background --- p.9-14 / Chapter 2. --- The Propelling Forces For the Changein the System of Real Property Rights --- p.14-20 / Chapter i. --- Political Forces --- p.14-15 / Chapter ii. --- Economic Forces --- p.15-19 / Chapter iii. --- To Attract Foreign Investment --- p.19-20 / Chapter 3. --- Theoretical Justification and Concepts --- p.20-24 / Chapter i. --- Land Ownership --- p.20-21 / Chapter ii. --- Property Ownership --- p.21 / Chapter iii. --- Land Use Rights --- p.21-22 / Chapter iv. --- Theoretical Justification --- p.22-24 / Chapter IV --- LEGAL FRAMEWORK --- p.25-42 / Chapter 1. --- Enactment of new legislation to accommodate the change in real property rights --- p.25-27 / Chapter 2. --- Grant of Land Use Rights --- p.27-32 / Chapter 3. --- Transfer of Land Use Rights --- p.32-34 / Chapter 4. --- Lease of Land Use Rights --- p.34-35 / Chapter 5. --- Mortgage of Land Use Rights --- p.35-37 / Chapter 6. --- Termination of Land Use Rights --- p.37-38 / Chapter 7. --- Registration and Certificate of Rights --- p.38-40 / Chapter 8. --- Land Use Rights in Allotted Land --- p.40-42 / Chapter V --- DISPUTE RESOLUTION - LITIGATION AND ARBITRATION --- p.43-45 / Chapter 1. --- Litigation --- p.43-44 / Chapter i. --- Courts --- p.43 / Chapter ii. --- Judges --- p.43-44 / Chapter iii. --- Time and Costs --- p.44 / Chapter 2. --- Arbitration --- p.44-46 / Chapter i. --- International Aspect --- p.44-45 / Chapter ii. --- Time and Costs --- p.45-46 / Chapter 3. --- Dispute resolution and theory of property rights --- p.46 / Chapter VI --- PROBLEMS OF THE NEW LEGAL SYSTEM --- p.47-54 / Chapter 1. --- Complexity --- p.47-51 / Chapter i. --- "Various sources of laws, regulations and practices" --- p.47-48 / Chapter ii. --- Localism --- p.49 / Chapter iii. --- Great discretion of officials --- p.49-50 / Chapter iv. --- The myth of lawless China --- p.50-51 / Chapter 2. --- Immaturity --- p.51-53 / Chapter i. --- Immature Concepts --- p.51-52 / Chapter ii. --- Immature Systems --- p.52-53 / Chapter 3. --- Loopholes in the legal system --- p.53-54 / Chapter VII. --- conclusion --- p.55 / APPENDICES / Chapter 1. --- Table / Chapter 2. --- Sample Land Certificate / Chapter 3. --- An Extract of the relevant laws and regulations / Chapter 4. --- A Scale of Court Costs and Charge / Chapter 5. --- china International Economic and Trade Arbitration Commission Arbitration Rules / footnotes / bibliography

I examine whether policies that specifically target gender inequality improve the well-being of women and girls. In the first paper I study the impact of Ethiopia’s gendered land certification programs on household consumption patterns and infant and under-five mortality. After years of communism during which all land was nationalized, in 1998, Ethiopia embarked on a land tenure reform program. The reform began in Tigray region where land certificates were issued to household heads, who were largely male. In a second phase carried out during 2003-2005, three other regions, Amhara, Oromia, and SNNP, issued land certificates jointly to household heads and spouses, presenting variation in land tenure security by gender. I leverage this variation in land certification across regions and over time, to study whether inclusion of women yielded different effects. Using data from the Ethiopia Demographic and Household Surveys and longitudinal data from the Ethiopia Rural Household Survey I construct a treatment group of male-headed households in joint land certification regions and a comparison group of male-headed households in Tigray and study changes between the two groups after implementation of their respective land certification programs. I find that, compared to household-head land certification, joint certification was accompanied by increased household consumption of food, health care, women’s clothing, and girls’ clothing, and a decrease in girls’ infant and under-five mortality. These effects are largely restricted to households with illiterate mothers indicating that inclusion of women in land tenure reform empowered previously disempowered women who then used their improved position to allocate more household resources to their daughters. In the second paper, I examine the relationship between women's land ownership and participation in transactional sex, multiple sexual partnerships and unprotected sex, and HIV infection status. Using a sample of 5,511 women working in the agricultural sector from the 1998, 2003 and 2008–09 Kenya Demographic and Health Surveys, I find that women's land ownership is associated with fewer sexual partners in the past year and lower likelihood of engaging in transactional sex, indicators of reduced survival sex, but is not associated with unprotected sex with casual partners, indicating no difference in safer sex negotiation. Land ownership is also associated with reduced HIV infection among women most likely to engage in survival sex, i.e., women not under the household headship of a husband, but not among women living in husband-headed households, for whom increased negotiation for safer sex would be more relevant. The third paper examines the prevalence of son preference in families of East and South Asian origin living in the United States by investigating parental time investments in children using American Time Use Surveys. The results show that East and South Asian mothers spend more total time and more quality time with their young (aged 0-5 years) sons than with young daughters while fathers’ time with young children is gender neutral. I find gender specialization in time with children aged 6-17 with fathers spending more time with sons and mothers spending more time with daughters. These findings document health and social consequences of gender inequities within households. The findings also highlight that gender-sensitive policies have the potential to transform intrahousehold dynamics and help realize gender equality policy objectives.

The recognition of native title changed the foundations on which the Australian law of real property rested. However, the phrase

This study seeks to investigate the origin of land injustices in South Africa. The root cause of land injustices, as will be shown in the introduction, is located in human shortcomings of greed, which theologically is termed sin. All the contributory systems mentioned such as Colonisation and Apartheid are a direct result of sin. No human being is immune from sin, whatever name one may use to describe that shortcoming. The approach adopted throughout the dissertation is an inductive one which first presents the reality as it is and secondly make an analysis of the situation. In this regard chapter two focuses on the dire needs of land by Africans both in Cradock and the country as a whole. Chapter three examines the concept of ubulungisa - justice as an appropriate method for Christians (in South Africa) to address the issue of land injustice. Chapter four acknowledges that the problem of land injustice is global in scope. It is suggested that the experiences of other countries that have gone through similar experiences have much to offer South Africa: It is also emphasised that the lessons learnt must be adapted to our situation. Chapter five examines the land policies of three of the dominant South African political parties that are involved in the present Government. These are; the African National Congress, the National Party and the Pan Africanist Congress of Azania. At the same time, a brief critique of their land policies is conducted. This chapter closes by suggesting that an approach that allows all citizens of the country to make a contribution be adopted. Chapter six presents a challenge to the Church to accept its role and responsibility. The author submits that the Church has a pastoral and prophetic role to play. The church is challenged to show its commitment to ministry on land injustices by setting an example in the use of its own land, whilst at the same time it challenges the State. This is so because the church has a task to be the conscience of the nation by 'being the voice of the voiceless.' Chapter seven, summarises the findings of the dissertation and concludes by suggesting six fundamental ethical principles regarding justice in the land that are worth considering. / Thesis (M.Th.)-University of Natal, Pietermaritzburg, 1998.

Thesis (M.A.)--University of Hawaii at Manoa, 2005. / Includes bibliographical references (leaves 104-106). / iv, 106 leaves, bound 29 cm

This study explores how land and natural resources in rural communities are accessed, used, and managed in livelihoods. In particular it examines first, crop field tenure, and livelihoods in natural resources. Second it explores factors that mediate access, use and control of land and natural resources within village communities. Empirical data are explored from two rural village communities of Kamena and St. Joseph located in the Northern and Copperbelt provinces of Zambia respectively. The study argues first that land and natural resource rights underpin land based livelihood activities of rural people, the most important of which are subsistence and cash crop farming, and the gathering and processing of common property resources. Second the thesis argues that land tenure reform impacts on the rural population as a whole and not just on cash crop farmers, and should thus situate the needs of farmers for secure tenure within the wider context of diverse rural household livelihood strategies. The study concludes that social differences (along the axes of wealth, gender and descent), traditional institutions (uxorilocal or virilocal marriage, polygamy, inheritance and succession) and government policy are central in determining access, use and control of land and natural resources in rural livelihoods. It is submitted that, rather than being replaced, customary land tenure, and traditional land administration structures in rural Zambia should be adapted to current social and economic realities in which individuals and households create their multiple livelihoods. Further, it is concluded that land tenure reform is not a sufficient condition for rural livelihood sustainability. Thus complementary agrarian measures to address the vulnerability context of rural households are recommended.

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