M. Tech. Labour Relations Management

The primary aim of this research was to examine the processes involved in the implementation of land reform policies in South Africa with specific reference to the Nkaseni Land Restitution Claim in the Midlands of KwaZulu-Natal. The objective was to conduct an in-depth diagnostic study with a view to understanding the nature of the challenges, and to propose interventions that could improve land reform processes and the functioning of communal projects in the country. The hypothesis of this research was that the South African government's attempts at land reform have thus far failed to live up to expectations. Part of this research aimed to investigate this hypothesis using the Nkaseni Communal Project as a case study. A number of issues were identified as findings in this research and this report aims to present these issues. Through this study, the pillars of the land reform programme in South Africa were discussed as tenure reform, restitution and redistribution. While mention of the other land reform programmes was made, emphasis was placed mainly on the restitution policy which is the focus of this research. In this research, the experience of land reform in Less-Developed Countries such as Brazil, Kenya, Tanzania and China, has been reviewed. A lesson learnt from developing countries is that tensions and potential conflicts can hinder the process of land reform. It was also established that land reform is time-consuming, expensive and difficult. Some of the issues identified fall outside the mandate of the Department of Land Affairs, which recommends a clear framework for effective role-player participation with other government departments and other relevant stakeholders. A clear policy is needed on post-transfer support for land reform communal projects. This includes clarifying the specific roles, functions and powers of the different stakeholders. This study was also able to provide some evidence that there are numerous challenges that are being experienced by communal-managed projects that have been set up within the KZN Province. A number of the challenges emanate from poorly-drafted Constitutions of the Communal Property Institution as well as poor implementation of projects. The study was able to illustrate that land title can be transferred to the Communal Property Institutions, but that does not translate into the realization of secure individual rights of members of the institution. It was also noted that failure to address issues relating to individual rights allocation can be one of the major sources of conflict within Communal Projects. The research findings revealed that there was very little focus on empowering beneficiaries of communal projects to manage their newlyacquired resources once transfer of land had taken place. Also noted is that there was a lack of understanding of the Trust (as an institution) by some of the Trust members. Lack of co-operative governance was raised as a key issue hindering support from other stakeholders. The study revealed that there was a lack of systems or processes of dealing with multiple interests of Trust members. There was poor representation of women within decision-making structures. Lack of skills transfer to land reform beneficiaries is another contributing factor to the many challenges that are faced by the Communal Property Institutions. Beneficiary training and capacity building are key recommendations in the findings. From the start of the land reform programme, it was recognized that, given South Africa’s Agricultural history, transferring skills to beneficiaries was to be one of the key challenges and determinants of the land reform programme’s success. In the light of this study, a more integrated method of skills transfer at the community level would have many advantages, as it would help alleviate a number of the challenges currently experienced by the land reform projects. Lastly, the study also indicated that land reform beneficiaries were rarely experienced in making independent decisions. It is clear from this research that there is no blueprint approach to land reform, as each project should be designed for the particular conditions to be effective. The important aspects of both individual and communal tenure should be properly understood when reform initiative attempts to change social relations in rural areas are undertaken. There must be flexibility in policies regarding farm size, while support must also be given to proper training and extension aimed at increasing the individual farmer's managerial ability. / Thesis (MPA)-University of KwaZulu-Natal, Westville, 2010.

No abstract available. / Thesis (M.T.R.P.)-University of Natal, 2002.

<p>This thesis interrogates the claim that resource-poor, rural land seekers can acquire land through the land market which constitutes the central mechanism of land redistribution in South Africa&rsquo / s market-based land reform programme. The study explores two key aspects in relation to this claim. Firstly, it provides a critique of the underlying assumptions prevalent in much of the current market-based land reform policy, as advocated by its national and international proponents, and the manner in which the market as a mechanism for land redistribution has been conceptualized and its outcomes envisaged. Secondly, it considers the extent to which this conceptualization - which it is argued, draws on idealized and abstracted notions of land market functioning - is realized and examines the extent to which the espoused outcomes of market-based land reform policy are aligned with or contradicted by the functioning of real markets and the experiences of resource-poor land seeking people in their attempts to engage in the land market with limited state support. The details of the market&rsquo / s operation are analysed, with a distinction made between the operational practice of real markets &ndash / based on direct evidence-based observation <br /> and degrees of policy abstraction and theoretical assumptions regarding how markets should or might operate. The study&rsquo / s methodological framework draws on an agrarian political economy perspective, as used by theorists such as Akram-Lodhi (2007) and Courville (2005), amongst others. This perspective enables a consideration of the various contexts and socially embedded processes involved in land transactions and the extent to which these are shaped and framed by the politics of policy-making. In line with this perspective, the study focuses on the social relations brought to bear on the acquisition of land and the way in which land markets operate. It is suggested that land is not solely viewed as an economic commodity by land-seekers. Furthermore, it was found that markets cannot be understood as neutral institutions in which participants are equal players.</p>

This thesis conducts postcolonial readings of 1 Kings 21:1-29 within the context of the struggle for land in Zimbabwe. It is an attempt to investigate the historical and sociological contexts of Zimbabwe and Ancient Israel. The thesis traces the land issue trajectory across both the colonial and post-colonial terrain of Zimbabwe. In the process, this thesis identifies four key moments which it considers as major in the struggle for land in Zimbabwe, which are: the historical moment of the colonization of Zimbabwe; the moment of the Second War of Liberation; the moment of the independent Zimbabwe; and the moment of the current land invasions and land grabbing in Zimbabwe. The thesis has made an attempt to explain the significance of land in Ancient Israel, in an endeavour to understand why Naboth the Jezreelite would not easily succumb to Ahab`s demand for his family land. In this way the Naboth story is located within its socio-historical context. It has also demonstrated that the advent of the monarchy introduced a tributary socio-economic system which replaced the egalitarian social order. In addition, this dissertation has shown that the monarchy introduced land expropriation in Israel and Judah, which was a departure from the inalienability of land, a concept very popular with pre-monarchic Israel and Judah. The issues of the abuse of power and the injustice that was prevalent under both the united as well as the divided monarchies were also discussed At the end, the thesis has attempted to bring the context of the struggle for land in Zimbabwe in dialogue, contrapuntally with the context of the confrontation over land between Ahab and Naboth the Jezreelite, that is, allowing both similarities and differences to manifest or emerge in this dialogue, so that a complete interpretation of the text may be achieved by allowing the context and the text to interrogate and investigate each other. / Thesis (M.Th.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

This paper undertakes an indepth study of the Kipi land restitution claim. This study focuses on the nature of the settlement achieved in the case ofthe Kipi land claim and covers the period 1993 to 1999. It compares the Cato Manor reconstruction and development process and the Kipi land restoration and housing process within the Durban Metropolitan's Inner West Council area. The study does this by tracing the history of the Kipi community's relationship with the land, documenting the communities resistance of the removal in terms of the Group Areas Act and presenting a critical examination of the communities efforts to reclaim and develop their land. The study uses the case ~tudy method to analyse the principles embedded in this settlement and attempts to draw on these to inform possible policy recommendations in respect of other urban land claims. The central thesis of this dissertation argues that the quality of restitution delivery is directly affected by the degree to which it is located within local development coordination and management institutions and structures. In the Kipi claim the Council chose negotiation rather than the apartheid planning principles of prescription and coercion. This resulted in a integration of the housing and restitution processes. It is in this light that the role of the land claims working group which was set up by the Commission and the Durban Metro Inner West local council is evaluated. While in the Cato Manor case the Council chose to follow the legal route and opposed restoration in terms of section 34 of the Restitution ofLand Rights Act. The consequences of following the legal route has been that the housing and land restitution processes have been compartmentalised. It is argued that post apartheid planning is indeed a complex process that needs to engage creatively and flexibly with issues of over due social justice and the current development needs of the urban poor. It is important that in reconstructing the urban landscape that communities are involved in planning models that focus on bottom up processes for successful outcomes. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2003.

Various literature suggest that securing access to land and guaranteeing land tenure security is essential for diverse land-based livelihoods and remains a prerequisite for sustainable agriculture, economic growth and poverty reduction. Secure land tenure is recognized as a key element to meeting the MDG target 11 to achieve significant improvement in the lives of 100 million slums dwellers by 2020. In the case of Rwanda, land tenure reform involves changes in land tenure systems from traditional and customary arrangements to more simple, modern and streamlined land tenure mechanisms guided by a core land registration system which is affordable, efficient and participatory. This development towards change in land registration patterns requires strong instruments for monitoring and evaluation and impact assessment of land registration implementation. The main purpose of this research is to develop key indicators to be used as baseline monitoring and evaluation instruments for land registration implementation in Rwanda, the shortage of time having limited the case study to one, but important District of Rwanda: Gasabo. The conceptual argument follows the logic of thinking that, when land tenure, symbolized by different values is supported by formal or legal land registration procedures, it gives it a dimension of power, insurance, guarantee and security that can be symbolized by different indicators measurable as variables. Seven key indicators were identified. To test the defined baseline indicators for validity, data was obtained from a sample of 150 respondents using a cluster sampling technique and structured interviews. The findings demonstrate the defined indicators could be measured and the quality of measurement (validity) established from statistical behavior of the variables. The results have shown that none of sampled households has a land title, this effect being recognized as a major hindrance to tenure security and to fruitful investment in land. Only those few who had other kinds of documents confirming rights to land, although of lesser weight, were eligible to a loan from a bank. The results have shown that the beneficiaries of bank loans have improved their income by being involved in land transactions and by acquiring a new land as well as buying domestic animals. The results also show that these interactions have brought a significant improvement in land productivity and consequently, raised income. Although household date showed low rate of land disputes, secondary data at district level showed significantly higher rates of occurrence and very low rates of dispute resolution. It is generally observed that land disputes could be avoided or solved if sufficient operational, legal and institutional instruments for disputes resolution and land registration are in place. / Thesis (M.Env.Dev.) - University of KwaZulu-Natal, Pietermaritzburg, 2007.

With the introduction of a new government in South Africa in 1994, the country embarked on a programme of land reform, and currently the process of dealing with the issues of Land Redistribution, Land Restitution and Tenure Reform is underway. Sound land administration is crucial to the Land Reform programme, and to future peace in the country. Such land administration requires a range of role players with varying levels of education. Also in the field of education the country saw a complete break away from the system of content-based education and competency based training, to one of outcomes-based education and training. The introduction of this new educational dispensation is overseen by the South African Qualifications Authority (SAQA), who is in the process of ensuring the smooth implementation of the National Qualifications Framework (NQF) into all aspects of learning in South Africa. The purpose of the NQF in the broad sense is to provide for the registration of nationally and internationally recognised qualifications on all levels in an integrated system, in order to facilitate access to and provide mobility in education and training. The NQF is designed to develop learning that is relevant to the needs of industry, the individual and the economy, but also to be dynamic and able to adapt quickly to changing circumstances. It therefore is providing South African educators with new challenges in the field of Outcomes-Based Education and training. One of the methods available to identify appropriate learner outcomes to meet the above requirements is the DACUM method, which works on the premise that expert workers are better able to describe/define their job than anyone else. The DACUM method is a proven way of arriving at relevant outcomes, which is the starting point in the curriculum development process as used in outcomes-based education and training programmes. In this thesis the DACUM model is tested as a tOGI for designing relevant outcomes, and such outcomes are modified in accordance with outcomes in practices in existing programmes in land administration in SouthernAnother important component in designing learning outcomes is to ensure that appropriate embedded knowledge is identified in order to avoid that learning becomes mechanistic without learners mastering necessary content. In this thesis a body of general knowledge has been compiled which can inform the curriculum developer on relevant embedded knowledge when designing learning units in Land Administration. This body of knowledge includes land related historical issues in South Africa as well as Australia and the USA, Government Policies and Legislation dealing with Land Reform. Finally some learning units in one of the fields in land administration were developed. In making the choice of which field, care was taken to identify one which will span a range of NQF levels, and the choice fell on the adjudication of land rights, which proved to have relevant learning on every NQF level from Level 3 to Level 7. To achieve this the writer had to interview a number of stakeholders and compile a body of knowledge specific to adjudication. Care was taken to develop elements, which could be used by the Standards Generating Body (SGB) in Surveying in designing Unit Standards, as well as by educators in Higher and Further Education. Africa. / Thesis (M.Sc.)-University of Natal, Durban, 2003.

In order to have a fuller understanding of the policy implementation challenges facing land restitution in conservation areas, this research identifies and analyses the perspectives in the literature on policy implementation. The study explains how the land restitution programme emerged as a policy solution to the legacy of a deep historical racial divide regarding land ownership in South. Africa. However, it explores the implication of this on the conservation of the environment. The study shows that reconciling land restitution on conservation areas is a complex process, owing, partially to two different and conflicting policies namely the, Restitution of Land Rights Act (Act 22 of 1994) and the National Forest Act (Act 84 of 1998). The researcher has explored the policy implementation challenges encountered in reconciling land restitution in the Dukuduku forest located within the Greater St Lucia Wetland Park which has official World Heritage Site status situated in northern KwaZulu-Natal. The study should show how the ongoing conflict between Department of Water Affairs and Forestry, the Department of Environmental Affairs and Tourism and the occupants of Dukuduku forest revolves around issues of land ownership pertaining Dukuduku forest, a forest which is one of the few indigenous forests left in South Africa. It concludes that policy implementation is a complex process, especially when two divergent policy objectives Restitution of Land Rights Act (Act 22 of 1994) and the National Forest Act (Act 84 of 1998) and are sought. A formulated conceptual framework for the study, public policy analysis and policy implementation models will be discussed to provide a clear perspective on policy implementation.

The purpose of this study was to analize the combined effects of the two agrarian reforms 1969 and 1980 on a peasant group in the Chicama valley - Peru. Until now Magdalena de Cao, a peasant group in Chicama valley had not been examined in light of the recent agrarian reforms and their effects on this peasant group. The data were collected mainly through informal interviews with minimum participant observation. Comparative information on lifestyles among the people representing all types of agrarian constituents were obtained as part of the data. Some questions, if not hypotheses, have been generated and raised. A census of 177 families or 870 individuals was obtained by this researcher alone. Magdalena de Cao, as a peasant group, provides an empirical case of independent peasants and their adaptive strategies to confront the challenge of social development. Their strife is not only relevant to Chicama valley, but also in the broader national picture. / Department of Anthropology