Capitalism has evolved globally by disciplining its key features to suit new markets and changing socio- economic environments. These features include private property, labour and neoliberalism. Whilst capitalism has managed to become a well-established system, occasionally it is confronted with challenges which expose its callous nature. In South Africa, land restitution calls into question capitalism's operation as it disrupts the conventional process of profit accumulation. This is evident when looking at the manner in which land claims are settled in private nature reserves that are under a land claim. Private nature reserves have been structured to bring together capitalism's key features of property, labour and neoliberalism and therefore become interesting sites on which to study how they react to land restitution. This study uses Mala Mala Game Reserve to investigate how capitalism unfolds in the game reserve. It specifically looks at the conservation business, labour conditions, and the settlement of the land claim in the reserve. It begins by analysing the structuring of the conservation business to fit capitalism's objective of profit accumulation. The emphasis here is on the relationship between capitalism and nature, and how the conservation business is built on the commodification of nature. It traces the business foundation of Mala Mala over time to understand how the reserve became a luxurious safari destination that target a small, select group of wealthy, mainly international tourists. The reserve promises quality wildlife viewing and luxury accommodation for its guests, which it is able to offer through the commercialisation of nature in a manner that is often viewed as ethical to the greater public, yet a closer look at the operation of the reserve shows the unaccounted cost of exclusion, dispossession and exploitation. These impacts are further contextualised in the second part of the study, which documents the structuring of labour as a condition for building the reserve's economic success. Labour is an important necessity for capitalism's operations and its conditions show us the fierce manner in which surplus value is extracted. The creation of the cheap labour system in South Africa played an important role in building conservation areas. The success of conservation business in private nature reserves routinely depends on conservation labour. The study finds that cheap labour in Mala Mala is secured through the adoption of a migrant labour system. Such a system highlights the social ‘cost' (labour) of capital accumulation that takes place in the reserve. While the first two parts of the study explain how capitalism has shaped the conservation business in Mala Mala, the last section investigates what happens when this almost perfectly structured system is challenged through land claims. The study finds that the clash between conservation business and land restitution produce a model of land reform that chime with neoliberalism. Backed by government and landowners, the model separates business ownership from landownership in order to guarantee capital accumulation. This study contributes to our understanding of land restitution in private nature reserves in South Africa and the land restitution model it produces.

The negotiation of the Nunavut Land Claims Agreement (1993) and subsequent creation of the territory of Nunavut in 1999 have been considered by some to be the beginning of the nation to nation reconciliation between the Inuit of the Eastern Arctic and Canada. The institutions of public government that were created through this agreement are intended in part to support Inuit in shaping their economic livelihoods in the territory on their terms. However, it is unclear how territorial and regional planners and decision-makers in positions of power conceptualize “successful economic development” in Nunavut and what implications this could have for Inuit self-determination. Key informants from the Government of Nunavut (GN) and several Inuit and Land Claims Organizations (ILCOs) were interviewed (n=17) to understand how they conceptualize successful development in the territory and what they think is needed to attain their vision. A framework for Indigenous nation building (Harvard Project on American Indian Economic Development), developed from three decades of research, is used to analyze the interview results. The results of this qualitative analysis indicate that key informants interpret their role toward Inuit self-determination as promoting Inuit participation in Nunavut’s market-based, wage-labour economy. This has important implications for possible GN and ILCO coordination and collaboration in their socio-economic efforts on behalf of Nunavummiut.

This thesis will explore how the Supreme Court of Canada understands and frames the religious ways of the Gitksan and Wet’suwet’en First Nations peoples, in the case Delgamuukw v. British Columbia (1997). The case started as a land claims case but at the Supreme Court level it became about whether Aboriginal oral knowledge could be used as historical evidence in a Canadian court of law, in particular for this dispute, as an aid for First Nations peoples to establish title to their traditional territories. The Court decided that Aboriginal oral knowledge could be used as evidence. This thesis does five things: 1. It examines some of the tools that can be used to examine and evaluate how the religious ways of Aboriginal peoples are discussed in law in Canada. Here it focuses on using a broad understanding of religion as “lived” to understand religion. It also establishes a social-scientific method of discourse analysis, drawn from a number of sources, to evaluate legal documents. 2. This thesis explores the socio-legal context in Canada in which Aboriginal peoples and their claims need to be understood. Here the presence of European and Christian views that are still present in society and social institutions in Canada and the way they affect how Aboriginal religious ways are understood is determined. The characteristics of law that make it difficult for Aboriginal claims to be understood and handled adequately in court in Canada are also investigated. 3. The third aspect that this thesis focuses on the markers of the religious ways of Aboriginal peoples in the Delgamuukw case and how are they understood in the Canadian socio-legal context. Here there is discussion of oral knowledge, land, crests, feasting and totem poles and what each might mean for the Gitksan and Wet’suwet’en peoples and how the legal system might have trouble handling them. 4. Analysis of the Delgamuukw case is the fourth part of this thesis. How the law understands and frames the religious ways of the Gitksan and Wet’suwet’en peoples in the Delgamuukw case are investigated. It is determined that the Court downplayed the religious ways of Aboriginal peoples (by “writing out”, by using vague language to refer to it or by not mentioning it at all); it did not do justice to Aboriginal beliefs by labeling oral knowledge as “sacred”; the Delgamuukw decision fell short of really treating oral knowledge as equal to other forms of historical evidence by excluding oral knowledge with religious content; legal adjudicators made pronouncements on the religious uses of land for the Gitksan and Wet’suwet’en and finally; land was quantified, regulated and title was diminished by the ability for the court to infringe on it. What these actions by the Court suggested about how it understands religion and the religious ways of Aboriginal peoples where also contemplated. It was noted that the law characterized issues and used language in particular ways to avoid discussing religion, to discount it as evidence, and used a Christian understanding of religion to comprehend Aboriginal religious ways, which did not do justice to their beliefs. 5. The last part of this thesis questions whether there other ways in which the law, and the majority of non-Aboriginal peoples in Canada, could come to better understand and handle the religious ways of Aboriginal peoples than they did in the Delgamuukw case. It determines that there are a number of indications that suggest that this is possible including, the unique historical situation of Canada, the teaching and communication skills present in many Aboriginal communities, the space opened surrounding the inclusion of oral knowledge as evidence in law, increasing dialogue with Aboriginal communities, and the current revaluation of history. Nevertheless, there is also an ambivalence on behalf of the law regarding whether or not it will go in the direction that could view Aboriginal religious ways in alternative ways which could result in a better understanding these ways on their own terms. The thesis concludes that according to analysis of the Delgamuukw case, law has difficulty understanding and handling the religious ways of Aboriginal peoples in Canada.

This thesis will explore how the Supreme Court of Canada understands and frames the religious ways of the Gitksan and Wet’suwet’en First Nations peoples, in the case Delgamuukw v. British Columbia (1997). The case started as a land claims case but at the Supreme Court level it became about whether Aboriginal oral knowledge could be used as historical evidence in a Canadian court of law, in particular for this dispute, as an aid for First Nations peoples to establish title to their traditional territories. The Court decided that Aboriginal oral knowledge could be used as evidence. This thesis does five things: 1. It examines some of the tools that can be used to examine and evaluate how the religious ways of Aboriginal peoples are discussed in law in Canada. Here it focuses on using a broad understanding of religion as “lived” to understand religion. It also establishes a social-scientific method of discourse analysis, drawn from a number of sources, to evaluate legal documents. 2. This thesis explores the socio-legal context in Canada in which Aboriginal peoples and their claims need to be understood. Here the presence of European and Christian views that are still present in society and social institutions in Canada and the way they affect how Aboriginal religious ways are understood is determined. The characteristics of law that make it difficult for Aboriginal claims to be understood and handled adequately in court in Canada are also investigated. 3. The third aspect that this thesis focuses on the markers of the religious ways of Aboriginal peoples in the Delgamuukw case and how are they understood in the Canadian socio-legal context. Here there is discussion of oral knowledge, land, crests, feasting and totem poles and what each might mean for the Gitksan and Wet’suwet’en peoples and how the legal system might have trouble handling them. 4. Analysis of the Delgamuukw case is the fourth part of this thesis. How the law understands and frames the religious ways of the Gitksan and Wet’suwet’en peoples in the Delgamuukw case are investigated. It is determined that the Court downplayed the religious ways of Aboriginal peoples (by “writing out”, by using vague language to refer to it or by not mentioning it at all); it did not do justice to Aboriginal beliefs by labeling oral knowledge as “sacred”; the Delgamuukw decision fell short of really treating oral knowledge as equal to other forms of historical evidence by excluding oral knowledge with religious content; legal adjudicators made pronouncements on the religious uses of land for the Gitksan and Wet’suwet’en and finally; land was quantified, regulated and title was diminished by the ability for the court to infringe on it. What these actions by the Court suggested about how it understands religion and the religious ways of Aboriginal peoples where also contemplated. It was noted that the law characterized issues and used language in particular ways to avoid discussing religion, to discount it as evidence, and used a Christian understanding of religion to comprehend Aboriginal religious ways, which did not do justice to their beliefs. 5. The last part of this thesis questions whether there other ways in which the law, and the majority of non-Aboriginal peoples in Canada, could come to better understand and handle the religious ways of Aboriginal peoples than they did in the Delgamuukw case. It determines that there are a number of indications that suggest that this is possible including, the unique historical situation of Canada, the teaching and communication skills present in many Aboriginal communities, the space opened surrounding the inclusion of oral knowledge as evidence in law, increasing dialogue with Aboriginal communities, and the current revaluation of history. Nevertheless, there is also an ambivalence on behalf of the law regarding whether or not it will go in the direction that could view Aboriginal religious ways in alternative ways which could result in a better understanding these ways on their own terms. The thesis concludes that according to analysis of the Delgamuukw case, law has difficulty understanding and handling the religious ways of Aboriginal peoples in Canada.

This thesis will explore how the Supreme Court of Canada understands and frames the religious ways of the Gitksan and Wet’suwet’en First Nations peoples, in the case Delgamuukw v. British Columbia (1997). The case started as a land claims case but at the Supreme Court level it became about whether Aboriginal oral knowledge could be used as historical evidence in a Canadian court of law, in particular for this dispute, as an aid for First Nations peoples to establish title to their traditional territories. The Court decided that Aboriginal oral knowledge could be used as evidence. This thesis does five things: 1. It examines some of the tools that can be used to examine and evaluate how the religious ways of Aboriginal peoples are discussed in law in Canada. Here it focuses on using a broad understanding of religion as “lived” to understand religion. It also establishes a social-scientific method of discourse analysis, drawn from a number of sources, to evaluate legal documents. 2. This thesis explores the socio-legal context in Canada in which Aboriginal peoples and their claims need to be understood. Here the presence of European and Christian views that are still present in society and social institutions in Canada and the way they affect how Aboriginal religious ways are understood is determined. The characteristics of law that make it difficult for Aboriginal claims to be understood and handled adequately in court in Canada are also investigated. 3. The third aspect that this thesis focuses on the markers of the religious ways of Aboriginal peoples in the Delgamuukw case and how are they understood in the Canadian socio-legal context. Here there is discussion of oral knowledge, land, crests, feasting and totem poles and what each might mean for the Gitksan and Wet’suwet’en peoples and how the legal system might have trouble handling them. 4. Analysis of the Delgamuukw case is the fourth part of this thesis. How the law understands and frames the religious ways of the Gitksan and Wet’suwet’en peoples in the Delgamuukw case are investigated. It is determined that the Court downplayed the religious ways of Aboriginal peoples (by “writing out”, by using vague language to refer to it or by not mentioning it at all); it did not do justice to Aboriginal beliefs by labeling oral knowledge as “sacred”; the Delgamuukw decision fell short of really treating oral knowledge as equal to other forms of historical evidence by excluding oral knowledge with religious content; legal adjudicators made pronouncements on the religious uses of land for the Gitksan and Wet’suwet’en and finally; land was quantified, regulated and title was diminished by the ability for the court to infringe on it. What these actions by the Court suggested about how it understands religion and the religious ways of Aboriginal peoples where also contemplated. It was noted that the law characterized issues and used language in particular ways to avoid discussing religion, to discount it as evidence, and used a Christian understanding of religion to comprehend Aboriginal religious ways, which did not do justice to their beliefs. 5. The last part of this thesis questions whether there other ways in which the law, and the majority of non-Aboriginal peoples in Canada, could come to better understand and handle the religious ways of Aboriginal peoples than they did in the Delgamuukw case. It determines that there are a number of indications that suggest that this is possible including, the unique historical situation of Canada, the teaching and communication skills present in many Aboriginal communities, the space opened surrounding the inclusion of oral knowledge as evidence in law, increasing dialogue with Aboriginal communities, and the current revaluation of history. Nevertheless, there is also an ambivalence on behalf of the law regarding whether or not it will go in the direction that could view Aboriginal religious ways in alternative ways which could result in a better understanding these ways on their own terms. The thesis concludes that according to analysis of the Delgamuukw case, law has difficulty understanding and handling the religious ways of Aboriginal peoples in Canada.

My interest in this research was to interview leaders and members of the three communities within the Elias Motsoaledi Local Municipality as well as officials of the Regional Land Claims Commission (RLCC). The purpose of the discussions was to find out how the communities involved Government when lodging land claims. The three communities are, Bakwena Ba- Kopa, Bakgaga Ba-Kopa and Masakaneng. The research yielded the following findings: 1. All the three communities followed the correct procedures regarding the relevant legislation and policies when they lodged their land claims. 2. Government played its role through the RLCC by assisting the communities in their endeavor to have their land restored. 3. In the interaction between Government and the communities challenges were encountered that at times led to the delay of the settlements. 4. When the communities keep patient during the land claim processes and Government officials are dedicated to assist the communities, the chance of positive outcomes is maximised. There is evidence that Government made progress to ensure that the affected communities have the dispossessed land restored. However, there is still a lot to be done in addressing the outstanding issues. To handle these matters, as indicated below, co-ordination and interaction between Government and the communities is crucial. One can point out these obstacles by focusing on the three affected communities respectively. Masakaneng: There is a need to tackle the challenge of the concerned group that led to the emergence of another committee in the process. This delays the formal negotiations with the municipality to help facilitate the delivery of the necessary services. Bakwena Ba-Kopa: The role-players missed the time-frames that were targeted for settlement. Government will have to speed up the matter and finalise the settlement, seeing that the beneficiaries have been waiting for many years. Bakgaga Ba-Kopa: Only portion one of RietKloof was restored to the community. The community is eagerly awaiting Government to help facilitate the restoration of the remaining portion. This community also needs to play its part in ensuring that the other sections of the land are restored. It is important that they go back to the drawing board as beneficiaries and tackle the prevailing differences so that they end up with a unanimous stand on this matter. To conclude: It is quite evident that the democratic government post-1994 is committed and prepared to restore the dignity of the black people who were forcibly removed from land they and their ancestors occupied. Government is assisting in this matter by providing all the necessary resources to ensure that land restoration is a success. For Government to succeed, the affected communities must also play their role within the parameters of the relevant legislation. This is what the land Acts expect of all the beneficiaries. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2011

My interest in this research was to interview leaders and members of the three communities within the Elias Motsoaledi Local Municipality as well as officials of the Regional Land Claims Commission (RLCC). The purpose of the discussions was to find out how the communities involved Government when lodging land claims. The three communities are, Bakwena Ba- Kopa, Bakgaga Ba-Kopa and Masakaneng. The research yielded the following findings: 1. All the three communities followed the correct procedures regarding the relevant legislation and policies when they lodged their land claims. 2. Government played its role through the RLCC by assisting the communities in their endeavor to have their land restored. 3. In the interaction between Government and the communities challenges were encountered that at times led to the delay of the settlements. 4. When the communities keep patient during the land claim processes and Government officials are dedicated to assist the communities, the chance of positive outcomes is maximised. There is evidence that Government made progress to ensure that the affected communities have the dispossessed land restored. However, there is still a lot to be done in addressing the outstanding issues. To handle these matters, as indicated below, co-ordination and interaction between Government and the communities is crucial. One can point out these obstacles by focusing on the three affected communities respectively. Masakaneng: There is a need to tackle the challenge of the concerned group that led to the emergence of another committee in the process. This delays the formal negotiations with the municipality to help facilitate the delivery of the necessary services. Bakwena Ba-Kopa: The role-players missed the time-frames that were targeted for settlement. Government will have to speed up the matter and finalise the settlement, seeing that the beneficiaries have been waiting for many years. Bakgaga Ba-Kopa: Only portion one of RietKloof was restored to the community. The community is eagerly awaiting Government to help facilitate the restoration of the remaining portion. This community also needs to play its part in ensuring that the other sections of the land are restored. It is important that they go back to the drawing board as beneficiaries and tackle the prevailing differences so that they end up with a unanimous stand on this matter. To conclude: It is quite evident that the democratic government post-1994 is committed and prepared to restore the dignity of the black people who were forcibly removed from land they and their ancestors occupied. Government is assisting in this matter by providing all the necessary resources to ensure that land restoration is a success. For Government to succeed, the affected communities must also play their role within the parameters of the relevant legislation. This is what the land Acts expect of all the beneficiaries. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2011