The purpose of the Restitution of Land Rights Act 22 of 1994 is to provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices. The restitution of a right in land can include the restoration of a right in land. The aim of this dissertation is to investigate the requirement of feasibility in restoring land rights and in particular the role of feasibility studies and the courts’ interpretation of the feasibility requirement in restoring such rights. The methodology used includes a review of literature, legislation and policies on land restitution and an analysis of case law. The outcome of the research indicates that while actual restoration ought to take preference in all instances, it may only be granted once all the relevant circumstances and factors have been considered. In certain circumstances it may not be feasible to restore land rights. / Private Law / LL. M. (Property Law)

Submitted by Johnny Rodrigues (johnnyrodrigues@ufcg.edu.br) on 2018-10-04T14:22:55Z No. of bitstreams: 1 JOSÉ VALTECIO BRANDÃO SILVA - DISSERTAÇÃO PPGCS 2002..pdf: 26076754 bytes, checksum: bdad12ab35a6018b5f19e56d423d0ab1 (MD5) / Made available in DSpace on 2018-10-04T14:22:55Z (GMT). No. of bitstreams: 1 JOSÉ VALTECIO BRANDÃO SILVA - DISSERTAÇÃO PPGCS 2002..pdf: 26076754 bytes, checksum: bdad12ab35a6018b5f19e56d423d0ab1 (MD5) Previous issue date: 2002-08-27 / Buscou-se estudar a experiência de assentados rurais, ungidos a esta condição, após uma extensa história de vida na condição de moradores de engenhos e trabalhadores assalariados da cana, quando superaram um processo de dominação social secular que os reservava à condição de sujeição para assumirem uma nova identidade social, agora como novos sujeitos coletivos de direitos. Essa evolução social dos assentados se deu num processo de luta pela terra como compensação pelas perdas salariais e dívidas trabalhistas, contraídas pelo empreendimento agro-industrial no qual trabalhavam por gerações, após a falência daquele. Um diferencial nesta experiência de luta pela terra do agrupamento investigado é que este não obedeceu aos mesmos critérios, formas e métodos de organização de outros movimentos pela reforma agrária mais organizados e politizados. A construção de nova identidade social ocorreu num processo de resistência pelo direito de ficar na terra, direito esse ameaçado pelas omissões do Estado e insuficiências das suas políticas públicas na fase de implantação do assentamento, constituindo-se numa séria ameaça à viabilidade econômica e social dos Projetos de Assentamento. Em linhas gerais, concluiu-se que mesmo nas particularidades políticas e temporais dos assentados pesquisados, estes estão sendo capazes de se firmar como sujeitos sociais, capazes de empreender uma legitimação social das suas ações como assentados. / We searched to study the experience of rural seateds anointed to this condition after an. Extensive history of life in the condition of habitants of sugar plantation and mill and wageearned workers of sugar cane, when they had surpassed a process of secular social domination that reserved them to the subjection condition to assume a new social identity, now as new collective citizens of right. This social evolution of seated gave in a process of fight for the land as compensation for the looses working salaries and debt, contracted for agro-industrial enterprise in wich they worked for generations after the bankrupptey of that one. A differential in this experience of fight for land investigated grouping didn't obey the same criterions forms and methods of organization of the other movements for the agrarian reform, more organized and politicized. The construction of the new identity occurred in a process of resistance for the right to be land, the this, threatened by omissions of the State and insufficiencies of its public politics in the phase of implantation of the seating consisting in a serious threat the economic an social viability of the projects os Seating. In general lines, we exactly conclude that in the particularities politics and temporal of investigated seated, these are being capable of firming as citizens social capables to undertake a social legitimation of its as seateds.

Made available in DSpace on 2014-06-11T19:29:39Z (GMT). No. of bitstreams: 0 Previous issue date: 2004-11-25Bitstream added on 2014-06-13T18:39:27Z : No. of bitstreams: 1 correa_mls_me_fran.pdf: 809676 bytes, checksum: 08c8bf72c100565ece1feeb7c40b0d01 (MD5) / Universidade Estadual Paulista (UNESP) / A luta dos assentados do Horto Florestal Guarany é uma história muito bonita; plantaram a semente em solo enfraquecido, com poucas condições de terem uma produção agrícola, e mesmo assim estão produzindo e construindo um mundo novo para futuras gerações. Enfrentam desafios, preconceito, são vistos como desrespeitadores das leis, enfrentam os poderosos, lutam, sofrem e, com o suor de seu trabalho, constroem uma história diferente. Trabalharam a terra, adubaram, estão sempre repondo os nutrientes do solo, embaixo de sol e chuva e quantas não foram as vezes que dormiram em barracos e comeram o que havia. Nunca perderam a esperança de que a semente desse bons frutos. Infelizmente, alguns desistiram no caminho, e os que permaneceram hoje estão colhendo o fruto e o alimento da semente que plantaram, têm moradia, respeito e dignidade, e a luta continua. Esta dissertação mostra um aspecto da questão fundiária e agrária da realidade brasileira e evidencia a necessidade da Reforma Agrária como expressão da justiça social. / The settled landlessþs struggle at Horto Florestal Guarany is a very beautiful story. They have planted the seed in a depleted soil, with few conditions to obtain any crop. However, they have been producing and building a new world for future generations. They face challenges and prejudice. They are considered to be disrespectful to laws, they face the magnates, fight, suffer, break their backs writing a different story. They have worked the land and fertilized it. They are always replacing soil nutriments, no matter sun or rain. How many times have they slept in slums and eaten only what is left? They have never been hopeless expecting the seed to turn into the fruit. Unfortunately some have given up along the way, and those remaining today are picking the fruit from the seed they have planted, the food, their housing, respect and dignity. And the fight keeps up. This paper displays one aspect of the agrarian problem in the Brazilian reality, making it clear that the Land Reform is very necessary as an expression of social justice.

The research explored the causal relationship between the communal land tenure and the stagnant agricultural productivity in rural villages. It is assumed that there is covariance between the communal land tenure and the stagnant agricultural productivity. The communal land tenure deprived the villagers of the land ownership rights to mortgage their landholdings to secure agricultural credit from financial institutions, or to advance them as own contributions to obtain Government-provided grants under the ILRAD. Under such circumstances, the villagers could not raise the level of agricultural productivity. The Permit to Occupy (PTO) certificates, issued to the landholders, provided for usufruct rights only i.e. right to occupy and use an allotment. The related research was conducted at Nonkcampa village. The metatheory, “Positivism” and the quantitative paradigm were applied to collate and analyse the data. The research findings confirmed the correlation between the land tenure and the agricultural productivity, as the respondents claimed not to have had any access to agricultural inputs. Hence, the agricultural productivity on the arable land had stagnated.

This thesis presents a history of the landscape of Nqabara, an administrative area in a rural and coastal area of the Eastern Cape Province, South Africa. In the process of investigating landscape history, the inquiry engages with a range of data sources from diverging discursive contexts, including data from ethnographic fieldwork, from the consultation of archival documents and historical reports as well as from comparative historic and ethnographic research, necessitating a critical consideration of the epistemological contexts of data production and the dialogue between researcher and data. Furthermore, in its aim to move beyond historical description towards explanation, the study interrogates the dualist ontological conceptualisations of nature and culture, society and ecology, object and meaning upon which are built three dominant conceptual frameworks concerned with human-environment relationships: social-ecological systems theory, transdisciplinary landscape studies and political ecology. Drawing primarily upon the works of James Gibson, Anthony Giddens and Tim Ingold, an ontological foundation is developed to guide the enquiry and move towards an alternative understanding of the relationship of people’s livelihoods with respect to the landscape in which it is lived, which I call here the praxisembodiment perspective. This ontology takes the situated patterns of action of a situated agent-in-its-environment as its point of departure and proceeds to develop a framework explaining how relations among the patterns of action of different agents-in-their-environment, emerge in structures that simultaneously enable and constrain future action. The foundation is thereby provided for a monist understanding of how landscape and social structure emerge simultaneously from the complex intersection of patterns of actions and interactions of agents in their environment. This framework calls for an understanding of time, space and scale, not as independent variables influencing process and action, but as emergent properties arising from the patterns of actions of situated agents. Finally the alternative ontology is applied to the history of landscape and livelihoods of people of Nqabara. It is concluded that an appropriate understanding and explanation of the critical transformations in the landscape as well as in social institutions, should be sought through analysis of the complex ways in which patterns of action of multiple spatial and temporal rhythms and between multiple agents in an environment, intersect and resonate.

This thesis uses the sustainable rural livelihoods framework to investigate the livelihoods of communities residing adjacent to a remote protected area on the Wild Coast. The communities living in the area are among the poorest in South Africa and are largely dependent on migrant remittances and state welfare grants for their survival. Soon after South Africa's first democratic elections in 1994, the communities lodged a land claim against the protected area on the basis of past removals. In 2001, their land rights to the protected area were restored, opening up new avenues for the development of the area. It is argued that livelihood systems in the area are complex, varied and dynamic, and that for development to be sustainable, it needs to be informed by a thorough understanding of the many factors that shape the context in which livelihoods are generated. The research is based primarily on 'in-depth' micro-studies of two villages in the area - Ntubeni and Cwebe. It includes a detailed assessment of the extent and distribution of poverty and the various factors that make households vulnerable to livelihood shocks. The role of the rich and diverse natural resource base, the property rights associated with it, and the under-development of infrastructure and services in the area, are discussed in relation to livelihood prospects. A systems approach is used to examine the various ways in which livestock husbandry, cropping, natural resource use, employment and welfare dependence interact. Finally, the thesis examines in some detail the distribution of household assets, livelihood strategies and livelihood outcomes between the two villages, and between households in different income groups.

Doctorat en sciences sociales, politiques et économiques / info:eu-repo/semantics/nonPublished

This study concerns the analysis of policy, and the statutory and regulatory impact of spatial planning on the land reform programme with emphasis on the land reform settlement plan (LSRP) of the Amathole District Municipality (ADM). There is a brief historical overview of the effect of the policy of spatial segregation in both rural and urban areas of the ADM. This study demonstrates, inter alia, the challenges faced by the ADM in both consolidating and physically integrating communities that were hitherto divided across racial lines. The critical question is whether the ADM has the ability to produce a Spatial Development Framework (SDF), which will be responsive to the needs of the region and serve as a catalyst in reversing the physical distortions caused by the land-planning legislation of the apartheid past. The greatest challenge lies in meeting the developmental aspirations of the Development Facilitation Act, 1995, the Local Government: Municipal Systems Act, 2000 and the National Spatial Development Perspective, 2003. Chapter 1 deals with the purpose, research problem and the method of research, as well as the definition of terms used in this research and literature review. Chapter 2 deals with the evolution of central themes of spatial planning and land reform, spatial development plans and integrated development plans (IDPs), the alignment of Amathole SDF and Eastern Cape Spatial Development Plan and the co-ordination of spatial frameworks. Chapter 3 deals with the composition of the ADM and the evolution of the LRSP, as well as land-tenure reform programmes impacting on the Amathole Municipality region. This chapter analyses the settlement plan against spatial planning legislation, the issue of institutional arrangements and mechanisms of consolidated local planning processes. Chapter 5 deals with the thorny issue of participation of traditional leaders in municipal planning and the government’s land-reform programme. Despite the existence of legislation in this regard, implementation seems to pose some difficulties. This chapter also deals with the co-operative governance framework. Chapter 6 is a concluding chapter dealing with the gaps discovered in the Amathole Municipality in the light of existing legislation. Reference to cases is made to demonstrate the challenges confronting the ADM. One notable aspect is the issue of urban-rural dichotomy and how the two worlds are positioned in their competition for the use of space. It is evident from this research that the post-1994 policy and legislative framework and implementation machinery lacks capacity to change the current form of the apartheid city-planning paradigm, something which impacts immensely on the sustainability of the current human-settlement development programmes. Population dynamics in terms of migration are hugely driven by search for employment opportunities and better services. The efficiency and ability of the municipal spatial evelopment frameworks in directing and dictating the identification of development nodes in its juristic boundary informed by the overarching national policy and legislative framework is key in building a better South Africa.

In Chapter 1 different phases of the application of exegetical methods with regard to texts in the New Testament were identified. Each phase provided a different perspective in response to questions about the contextuality of the New Testament. From the overview it became clear that the investigation of the historical background had received some attention, but it had not been as effectively utilized in the hermeneutical process as it could be, and had not been taken seriously enough. In Chapter 2, the place and function of the historical context or background of the New Testament in historical criticism, literary criticism and social scientific methods of exegesis were evaluated. Historical criticism often focuses on the different parts (forms) of the text, but does not consider the text as a whole to the degree required. Literary criticism focuses on the text as a whole. The Gospels are regarded as narrative texts. Narratology foregrounds the spatial aspects or topology of the Gospels. Socio-historical research on the world of the text, contributes to the study of the background of the New Testament. To enhance the progress already made, historical criticism and literary criticism can be supplemented by applying selected social scientific models. The use of such models makes it possible for socio-historical data to be systematized in a holistic interpretive framework. The use of social scientific models can bridge the historical distance between the text and its readers to avoid fallacies based on anachronism and ethnocentrism. A social scientific approach provides a holistic frame of reference for the interpretation of Biblical texts. However the approach may not pay enough attention to the topological or spacial aspects of the Gospel of Matthew. The model of advanced agrarian society and the pre-industrial city have not yet been applied effectively to the Gospel of Matthew. The current study fills this gap. In the study the model in terms of which an advanced agrarian society can be descibed, is used as a broad frame of reference within which the place and function of the Biblical jubilee can be studied. This diachronic overview of the research on the Biblical jubilee (Chapter 3) shows that no such study has as yet been undertaken with regard to the Biblical jubilee. Ancient economy developed from a simplistic agrarian society to an advanced agrarian society. The Roman Empire was the result of a long evolutionary process. Land was the primary economic resource in a self-sufficient society. The aim of the current research was to show that the socio-economic background of the first century forms the context within which the land and jubilee can be understood. The socio-economic background can be interpreted within a holistic perspective of first-century Mediterranean society. The social scientific model of advanced agrarian society includes four factors (family institutions, pre-industrial city, land tenancy and social stratification) that all influenced the land and economy of the first-century Mediterranean world. In Chapter 6, homomorphic models were used to simplify important and representative aspects of complex social structures, behaviour and relations. These models were used for the study of the political, economic and social systems of an empire or government. The current study used the social scientific model of advanced agrarian society as frame of reference for the interpretation of the place and function of the Biblical jubilee in the Gospel of Matthew. / Dissertation (DD(New Testament Studies))--University of Pretoria, 2001. / New Testament Studies / unrestricted

This study examines the role of livelihood diversification in promoting household food security with particular reference to Hurungwe District in Zimbabwe. This focuses on assessing the contribution and impact of predominant livelihood diversification strategies in study area. The study employed qualitative methods of research entailing focus group discussions, observation, key informant interviews and literature review as methods of data collection. The study revealed that limited access to credit, skills development, markets and transport infrastructure weaken the efficacy of nonfarm livelihoods to improve food security. Key recommendations are that government, NGOs and communities must work in tandem to increase livelihood options for food insecure communities. Suggested strategies include increasing access to micro finance, vocational skills training and other support services paying attention to gender considerations. Areas requiring further investigation which emanated from the study include the impact of the shift to tobacco farming and how biotechnology has affected smallholder farmers. / Development Studies / M.A. (Development Studies)