This thesis explores questions of gender equality in social welfare theory; methodologies; approaches and policymaking in the Global South in the context of land reforms. This stems from the realisation that gender equality issues in social welfare are increasingly receiving greater attention in the context of the Global North and less in the South. By adopting a Transformative Social Policy framework, the research departs from hegemonic livelihoods, poverty reduction and the ‘classical models’ of land reforms often designed from the mould of the neoliberal discourse of individual tenure to focus on land reform as a relational question. Empirical data was gathered using a sequential explanatory mixed-methods approach involving survey questionnaires; in-depths interviews; focus group discussions; key informant interviews and field observations. A total of 105 randomly selected households, comprising 56 male-headed households (MHHs) and 49 female-headed households (FHHs) participated in the quantitative component of the study, comprising a control group of nonland reform beneficiaries. Additionally, 30 purposively selected in-depths interviews comprising 20 FHHs and 10 MHHs were conducted in resettlement study sites. Findings from this this study indicates that despite the country’s depressed economic environment and the effects of climate change, transfer of land enhanced the productive capacities of individuals and rural households, including those headed by females. At micro-level, in-kind transfer of land to rural households proved to be a more superior social protection measure compared to either food or cash transfer. However, social relations and institutions proved resistant to change, posing a greater obstacle to social transformation. And more importantly, from a social reproductive perspective, the same land reform that enhanced the productive capacities of women, inadvertently, increased their social reproductive work with implications on the welfare of women relative to men. The thesis makes a contribution to social policy debates in Africa, which hitherto have been dominated by the introduction of cash transfers as witnessed in many countries across the continent. The transformative social policy approach brings novelty to the study of land reforms. By Conceptualising gender as a relational and social construct, the study adds knowledge on the nexus between gender, land reform and welfare using the Fast Track Land Reform Programme (FTLRP) as reference. With the FTLRP––as a leftist policy in a liberalised economy––there is a need for the government to re-align its social and economic policies to avoid inconsistencies in the country’s development path. On the gender front there is need to legislate resettlement areas as outside the jurisdiction of traditional structures; promulgate statutory instruments dealing with land and setting up designated land claims courts linked right up to the Constitutional Court. Specifically, for Chiredzi, there is a need to establish a corporate body to administer the affairs of Mkwasine following the pulling out of the Estate. Keywords: gender, land reforms, water reforms, transformative / Sociology / Ph. D. (Sociology)

As a national key priority programme, land reform acts as a driving force for rural development and building the economy of the country. In order for land reform to contribute to sustainable livelihoods for land reform beneficiaries, it must be supported by diversified programmes of pre- and post-settlement support of agrarian reform in a non-centralised and non-bureaucratic manner. Post-settlement support in the context of South African land reform refers to post-transfer support or settlement support given to land reform beneficiaries after they have received land. Support services, or complementary development support, as specified in the White Paper of the South African Land Policy of 1996, include assistance with productive and sustainable land use, agricultural extension services support, infrastructural support, access to markets and credit facilities, and agricultural production inputs. Government’s mandate is, however, not only restricted to the redistribution of land or making land more accessible. It is also responsible for empowering beneficiaries and for creating an effective support foundation to ensure that sustainable development takes place, specifically in the rural areas of the country. In practice, sustainable development entails that, for land reform to be successful, the quality of life of beneficiaries must improve substantially and the acquired land must be utilised to its full commercial potential, after resettlement on claimed land has occurred. Therefore, an effective post-settlement support strategy and model must be set in place. The Department of Rural Development and Land Reform (DRDLR) and the Department of Agriculture, Rural Development and Land Administration (DARDLA) are the key departments that have been mandated to implement the Land Reform Programme (LRP). DRDLR is responsible for facilitation of the land acquisition (pre-settlement support) and DARDLA for post-settlement support, ensuring that the land or farms that have been delivered or acquired by land beneficiaries are economically viable. Without post-settlement support, land reform will not yield to sustainable development and nor improve the quality of life of rural people. There is, however, little or no evidence to suggest that land reform has led to improved efficiency, improvement of livelihoods, job creation or economic growth. Against this background, the study investigated and unlocked the key challenges related to the post-settlement support of the LRP, with emphasis on the agricultural support programmes rendered by the DARDLA in Mpumalanga Province to land reform beneficiaries. It further examined how such support impacts on the sustainability of the LRP, and made recommendations to the management of the Department on what could be done to further improve post-settlement support to land reform projects towards achieving the objective of sustainable development. / M Public Administration, North-West University, Potchefstroom Campus, 2014

As a national key priority programme, land reform acts as a driving force for rural development and building the economy of the country. In order for land reform to contribute to sustainable livelihoods for land reform beneficiaries, it must be supported by diversified programmes of pre- and post-settlement support of agrarian reform in a non-centralised and non-bureaucratic manner. Post-settlement support in the context of South African land reform refers to post-transfer support or settlement support given to land reform beneficiaries after they have received land. Support services, or complementary development support, as specified in the White Paper of the South African Land Policy of 1996, include assistance with productive and sustainable land use, agricultural extension services support, infrastructural support, access to markets and credit facilities, and agricultural production inputs. Government’s mandate is, however, not only restricted to the redistribution of land or making land more accessible. It is also responsible for empowering beneficiaries and for creating an effective support foundation to ensure that sustainable development takes place, specifically in the rural areas of the country. In practice, sustainable development entails that, for land reform to be successful, the quality of life of beneficiaries must improve substantially and the acquired land must be utilised to its full commercial potential, after resettlement on claimed land has occurred. Therefore, an effective post-settlement support strategy and model must be set in place. The Department of Rural Development and Land Reform (DRDLR) and the Department of Agriculture, Rural Development and Land Administration (DARDLA) are the key departments that have been mandated to implement the Land Reform Programme (LRP). DRDLR is responsible for facilitation of the land acquisition (pre-settlement support) and DARDLA for post-settlement support, ensuring that the land or farms that have been delivered or acquired by land beneficiaries are economically viable. Without post-settlement support, land reform will not yield to sustainable development and nor improve the quality of life of rural people. There is, however, little or no evidence to suggest that land reform has led to improved efficiency, improvement of livelihoods, job creation or economic growth. Against this background, the study investigated and unlocked the key challenges related to the post-settlement support of the LRP, with emphasis on the agricultural support programmes rendered by the DARDLA in Mpumalanga Province to land reform beneficiaries. It further examined how such support impacts on the sustainability of the LRP, and made recommendations to the management of the Department on what could be done to further improve post-settlement support to land reform projects towards achieving the objective of sustainable development. / M Public Administration, North-West University, Potchefstroom Campus, 2014

The study looks at the land issue from the perspective of Missiology. It shows in what sense the land issue is an issue for mission. The pastoral cycle of Henriot and Holland is used to analyse the land issue in Zimbabwe. The analysis takes seriously the situation of the marginalized in Zimbabwe in relation to other stakeholders in the land issue. The study also looks at the ecological implications of the land issue. A comparison is drawn between South Africa and Zimbabwe as far as the land issue is concerned. A major aspect of the study is the theological question on God and land. The study concludes with a proposal on the kind of action that needs to be taken in resolving the land question. / Christian Spirituality, Church History and Missiology / M.Th.(Missiology)

The study focused primarily on the socio-economic benefit(s) of land reform beneficiaries with regard to food security. The study further investigated the socio-economic impact of selected land reform projects in the Limpopo Province which is also very critical for many parts of South Africa. Apart from the traditional output based evaluation of land reform projects, the study managed to identify key significant variables that could be the focus in reforming land reform projects in the future. The study also highlights variables that could contribute positively or negatively to the attainment of socio-economic deliverables of the objectives of land reform. The conclusive data for the study was obtained from 170 beneficiaries of the land reform programme. Beneficiaries have benefited from Land Redistribution and Agricultural Development (LRAD) and Settlement Land Acquisition Grant (SLAG) sub-programmes of land reform in the area of Elias Motsoaledi Local Municipality within the Greater Sekhukhune District Local Municipality. The Multinomial Logic Model (MLM) was regarded as the best model for data analysis and was used to analyse the degree of contribution of socio-economic factors to food security among beneficiaries of LRAD and SLAG. Three categories were selected to determine the level of beneficiaries satisfaction with food security, namely; 1) None; 2) Moderate and 3) High. Dependent variables selected were 1) Number of beneficiaries, 2) Gender, 3) Farm size/ha, 4) Enterprise, 5) Land reform sub programme, 6) Proximity to the project, 7) Decision, 8) Knowledge, 9) Skills, 10) Training, 11) participation in Development organisation, 12) Sustaining production, and 13) Sustaining financial obligation. The study indicated that the participation of beneficiaries in decision making could contribute positively to the attainment of food security. A positive relationship with food security was determined and confirmed the study hypothesis. Knowledge was also found to have a significant relationship with the attainment of household food security. Knowledge was again found linked to training of beneficiaries which in general was inadequate. The study further revealed that almost all beneficiaries were failing to maintain production and financial obligations. Contrary to the hypothesis, enterprise was not found to be significant to the attainment of beneficiaries’ household food security. v The study concluded that land reform is still relevant to food security in the area. It was also concluded that there is a need to develop a comprehensive agricultural development plan to advance the objective of the land reform programme. / Agriculture, Animal Health and Human Ecology / M.Sc. (Agriculture)

Summaries in English and Afrikkans / The aim of this thesis is to investigate the labour law position of South African farm workers. For three and a half centuries farm workers constituted the most neglected group in the South African labour force. Consequently, an understanding of their present position can only be obtained by investigating their labour history. As in other parts of the world, farm workers in South Africa held a subordinate position to agricultural employers. Discrimination against black persons added to the inferior socio-economic and political position of South African farm workers. White farmers occupied a strong political position during most of the time under investigation, which enabled them to institute and apply discriminatory legislation and informal methods to overcome labour shortages. The freedom of movement of black people and their access to land were restricted to create a cheap immobile labour force. During the 20th century farmers prevented the inclusion of farm workers in labour legislation by exercising their political influence. Pressure by industrial trade unions and encouragement by the International Labour Organisation (ILO) resulted in the adoption of the Agricultural Labour Act which made labour legislation applicable to farm workers, but precluded them from striking and made allowance for longer working hours than for industrial workers. The new political dispensation facilitated the inclusion of farm workers in general labour legislation without any discriminatory exceptions and land reform legislation now protects farm workers against arbitrary evictions. A bill of rights furthermore guarantees the rights of farm workers which were previously violated. It would superficially seem that farm workers' problems are something of the past. Farm workers, however, remain handicapped in exercising their new rights by historical factors and circumstances peculiar to the agricultural sector. Legal comparison with Ontario and California confirms that legislation alone is insufficient to empower farm workers. It is recommended that the government amend existing legislation to accommodate the special needs of farm workers and that relevant ILO conventions, especially Convention 141 of 1975, be ratified to aid the development of unions for farm workers. This will contribute to the empowerment of and social justice for farm workers. / Die doel van hierdie tesis is om die arbeidsregtelike posisie van Suid-Afrikaanse plaaswerkers te ondersoek. Plaaswerkers was vir drie en 'n half eeue die mees afgeskeepte groep in die Suid-Afrikaanse werksmag. Om die huidige posisie van plaaswerkers te begryp is dus slegs moontlik deur 'n bestudering van die regsgeskiedenis van plaaswerkers. Soos in ander werelddele beklee plaaswerkers in Suid-Afrika 'n minderwaardige posisie teenoor landbouwerkgewers. Diskriminasie teenoor swartpersonehet bygedra tot die sosio-ekonomiese en polities minderwaardige posisie van Suid-Afrikaanse plaaswerkers. Blanke boere het gedurende die grootste deel van die tydperk onder bespreking 'n sterk politiese posisie beklee wat hulle in staat gestel het om diskriminerende wetgewing en informele metodes aan te wend om arbeidstekorte te bowe te kom. Swart persone se bewegingsvryheid en toegang tot grond is beperk om 'n goedkoop immobiele werksmag te vorm. Gedurende die 20ste eeu het boere se sterk politiese posisie hulle in staat gestel om te verhoed dat plaaswerkers by arbeidswetgewing ingesluit word. Druk deur industriele vakbonde en aanmoediging deur die Intemasionale Arbeidsorganisasie (IAO) het gelei tot die Wet op Landbou-arbeid waardeur arbeidswetgewing op plaaswerkers van toepassing gemaak is, maar wat plaaswerkers verbied het om te staak en wat voorsiening gemaak het vir langer werkure as vir industriele werkers. 'n Nuwe politieke bedeling het gelei tot die insluiting van plaaswerkers in algemene arbeidswetgewing sonder enige diskriminerende uitsonderings en grondhervormingswetgewing beskerm plaaswerkers nou teen arbitrere uitsettings. 'n Handves van menseregte waarborg verder die regte van plaaswerkers wat voorheen misken is. Oenskynlik is die probleme van plaaswerkers nou iets van die verlede. Plaaswerkers word egter steeds in die uitoefening van hulle nuwe regte gestrem deur historiese faktore en die eiesoortige omstandighede van die landbousektor. Regsvergelyking met Kalifomie en Ontario het aangetoon <lat wetgewing alleen nie voldoende is om plaaswerkers te bemagtig nie. Daar word aanbeveel dat die regering bestaande wetgewing wysig om voorsiening te maak vir die spesiale behoeftes van plaaswerkers en dat relevante IA0 konvensies, veral Konvensie 141 van 197 5 geratifiseer word om die ontwikkeling van vakbonde vir plaaswerkers te bevorder. Dit sal bydra tot die bemagtiging van en tot sosiale geregtigheid vir plaaswerkers / Law / LL.D.

Thesis (LLD (Public Law))—University of Stellenbosch, 2003. / Since the advent of constitutional democracy in 1994 South African courts have been faced with new interpretive imperatives.

Thesis (LLM (Private Law))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhere to this peremptory provision in the Act are explained. The thesis also analyses and discusses the functions of statutorily created institutions, like the land administration committee and the land rights boards, in the efficient management of land in rural areas. The aforementioned land administration committee is particularly problematic, since the Act provides that in cases where a recognised tribal authority exist, that institution “may” be considered as the land administration committee, subject to prescribed composition requirements as contained in the Act. The Traditional Leadership and Governance Framework Act will also be discussed since it intersects with the Communal Land Rights Act in this regard. The pending constitutional challenge which relates to this potentially problematic issue, will be discussed. The constitutional challenge of the Act by four communities’ is explored in order to indicate just how potentially problematic the institution of traditional leadership could be. vi This study also discusses and analyses the compromise contained in the Act, regarding the registration of the land title of a community and the registration of “new order rights” in the name of individuals. In this context the impact of this process on the efficacy on the current Deeds registration system is investigated. The Ministerial determination and its constitutional implications is yet another issue, examined in this study. All of these issues will have a negative impact on the implementation of the Communal Land Rights Act and especially on achieving tenure security. / AFRIKAANS OPSOMMING: In hierdie tesis word die Wet op Kommunale Grondregte 11 van 2004 geanaliseer om te bepaal of dit inderdaad voldoen aan die grondwetlike mandaat soos voorsien in art 25(5), (6) en (9) van die Grondwet. Die beleid van toepassing op grondbeheerhervorming word bespreek om te bepaal tot watter mate dit wel in die Wet aanwending vind. Die tydrowende prosedure van die registrasie van gemeenskapsreëls word ondersoek, asook die implikasies indien ‘n gemeenskap nie aan die voorskriftelike bepaling voldoen nie. Die tesis bespreek en evalueer ook die funksies van die twee instellings wat statutêr geskep is, naamlik grond administrasie komitees en grondregte rade. Die twee instellings is geskep met die doel om van hulp te wees in die effektiewe administrasie van grond in die kommunale areas. Dit is veral die grond administrasie komitee wat problematies is, omdat die Wet op Kommunale Grondregte bepaal dat waar ‘n gemeenskap ‘n erkende tradisionele owerheid het, hierdie owerheid beskou sal word as die grond administrasie komitee van daardie spesifieke gemeenskap. In hierdie konteks is ‘n bespreking van die Wet op Tradisionele Leierskap en Regeringsraamwerk, noodsaaklik. Die betwiste grondwetlike kwessie wat tot op hede nog onbeslis is wat hiermee verband hou, sal ook bespreek word. ‘n Kort uiteensetting word gedoen van die vier gemeenskappe wat die Wet op grondwetlik gronde aanveg om presies te probeer aantoon hoe problematies die instelling van tradisionele leierskap is. Hierdie studie bespreek en analiseer verder ook die kompromis wat getref is tussen registrasie van die titelakte in die naam van ‘n gemeenskap en die viii registrasie van sogenaamde “nuwe orde regte” in die naam van individue. Die impak van hierdie magdom registrasies op die bestaande registrasiesisteem word ook oorweeg. Die grondwetlikheid van die ministeriële besluitnemingsbevoegdheid word breedvoerig bespreek in hierdie studie. Al hierdie genoemde kwessies mag nadelige impak hê op die implementering van die Wet op Kommunale Grondregte en spesifiek ook op grondbeheerhervorming.

Thesis (MPhil (Public Management and Planning))--University of Stellenbosch, 2006. / ENGLISH ABSTRACT: South Africa is unique in that its globally significant biodiversity, which is under major threat, coexists with an apartheid history of dispossession that produced a starkly unequal land ownership pattern and widespread rural poverty. It is in this context that the post-apartheid government must fulfil constitutional and international obligations to safeguard environmental assets as well as undertake land reform benefiting the previously dispossessed. Consequently, there is a continuous challenge of reconciling complex and often conflicting relationships between poverty, inequitable access to resources, and the protection of biodiversity. Current efforts to conserve the Cape Floral Kingdom emphasise partnerships between private landowners and existing nature reserves to promote sustainable utilisation of biodiversity. This paper explores the potential impact of this approach on farm dwellers, and how changing land use may affect their land tenure rights and livelihoods. Primary research was undertaken in the Baviaanskloof, where this model is in an early stage of implementation. The paper identifies systemic and structural tensions in current attempts to reconcile biodiversity conservation and farm dwellers’ interests, and documents issues of process and principle that could become important in the future. In doing so, it highlights the influence of on-farm power relations and highly complex institutional arrangements in determining the real extent of participation by affected farm dwellers and the efficacy of social safeguard policies. Findings also caution against an over-reliance on ecotourism as the major occupation and argues instead for support to multiple livelihood strategies.

Thesis (MPA (School of Public Management and Planning))--University of Stellenbosch, 2008. / The dawn of a democratic South Africa in 1994 was seen as the beginning of a new era in South Africa. Land Reform, as a matter of moral reconciliation, and within the context of rural development, was high on the agenda to be addressed by the new democratic ANC-led government. Although South Africa’s history of systematic racial land dispossession is not unique; the extent of the dispossession, and racial nature of the dispossession gave a uniqueness to South Africa’s land history. In 1994 the racially skewed land ownership pattern reflected that 55 000 white commercial farmers owned 87 per cent of the land, yet the African majority of had access to 13 per cent of the marginal land. The land reform imperative was restricted in approach by the compromise reached during the negotiations resulting in a transitional government for South Africa. In addition, the early 1990’s, was a period of increasing dominance of the neo-liberal ideology with its minimal state and minimal state intervention, and reliance on the free market principles informing interventions and programmes. The Constitution of the Republic of South Africa enshrined private property rights protection; and whilst given recognition to the requirement of land reform it enshrined a market-led approach with enabling legislation and policy statements such as a “willing-buyer/willing-seller” requirements for redistribution and market related prices for land acquisition. The Department of Land Affairs, a national government department, was tasked with the development and implementation of land redistribution. Therefore, despite the neo-liberal principles informing land reform, a state-led approach towards the actual implementation was embarked upon. In 1998 a target was set to be achieved within 5 years; which the Department failed dismally to reach. The target was then extended to be reached by 2014, and the thesis predicts that unless the delivery mechanism currently utilised for land redistribution is changed the target will not be reached by 2014. The New Public Management paradigm, and various alternative delivery mechanisms have been considered, in addition to assessing the delivery mechanisms and approaches towards land reform in Brazil and the Philippines in an attempt to identify suitable delivery mechanisms for land reform in South Africa to enable it to achieve its target and objectives. A detailed evaluation of an existing Public-Private Partnership, which exists to implement land redistribution was undertaken in terms of primary data collection and secondary data statistics. The evaluation assessed whether this delivery mechanism will enable targets to be met and land redistribution objectives in relation to rural development be achieved. The thesis argues that the Public-Private Partnerships alternative delivery mechanism is a suitable vehicle to delivery land redistribution across agriculture commodities, with key recommendations on matters to address within the PPP mechanism. For land reform to be implemented at the required scale and to achieve its developmental objectives innovation is required within partnership approaches and not a traditional bureaucratic-led approach.