South Africa, emerging from the yoke of colonialism and imperialism embarked on an ambitious land reform programme during the 1990’s. It was anticipated that land reform would take place effectively and sustainably. However, evidence to date revealed that land reform has been a failure and the cause thereof can be attributed to the lack of post settlement support. The focus of the research was to find out whether post-settlement support is the reason behind successful projects and if so to highlight the necessity of post-settlement support in land reform projects. The methodology used was through review of literature, legislations and policies on land reform and analysis of case studies. Outcome of the research indicates an intricate relationship between land reform and post-settlement support. The transfer of land to land reform beneficiaries must go hand in hand with the effective provision of post-settlement support for projects to be success and sustainable. / College of Law / LL.M

Introduction: Land reform is one of the consistently debated, complex and contested subjects in the South African development discourse. Many impoverished communities have been dispossessed of their land during the colonial past. Indicators, measures and evidence of success in land reform are scant, anecdotal and poorly documented. Aim: The aim of this study is to determine whether land reform in South Africa can indeed yield positive development outcomes. In the absence of clear indicators to measure successful land reform, the researcher uses case study methodology to evaluate the impact of land reform on a particular community, the Barolong-Balemirui Project in the North West Province. Methodology: Generic Qualitative methods are used to collect and analyse data collected from (n=45) participants. Within this, multiple data collection approaches that include document analysis, informal discussions and unstructured interviews were utilised to gain insights into the role played by South African land reform across a range of developmental outcome areas. Findings: The study found that land reform could indeed, produce positive development among the impoverished communities in South Africa. This empirical exploration also highlights that the success of land reform programmes and projects depends on many interlinked variables which include enabling policies; the availability of support from development institutions; the private sector and the state, the commitment of the beneficiaries in utilising the land for development purposes as well as the appropriateness of the identified development objectives. The development inputs and outputs of a successful land reform project are therefore multifaceted and complex. Conclusion: This study emphasises the importance of the participation of beneficiaries in the evaluation of land reform projects to determine real and lasting developmental impact. / Development Studies / M.A. (Development Studies)

South Africa’s land redistribution policy (1994-2008) has been widely publicised, and has come under scrutiny of late from the public, private and government spheres, highlighting a need for research in this area. The research examines progress in South Africa’s land redistribution programme in two of KwaZulu-Natal’s district municipalities, Uthungulu and iLembe. Specifically the research investigates whether the government has paid above market prices when purchasing sugarcane farmland for redistribution in these districts. Moreover, it is illustrated how productivity on redistributed farms has been affected with the changes in ownership. To investigate the research questions, reviews of theories pertaining to property rights, land reform and market structures were conducted. Moreover, two cases studies were conducted in the districts of Uthungulu and iLembe, with assistance from the Department of Land Affairs, Inkezo Land Company and the South African Cane Growers Association. The case study data indicate that above ordinary market prices have been paid (2004-2006) by the government for sugarcane farmland in the districts concerned, and further that productivity has been negatively impacted ‘during’ and ‘post‘ transfer, in the majority of cases.

Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2011. / The main objective of this research was to evaluate the impact of Employment Equity Legislation on land reform delivery within the Provincial Land Reform Office of the Department of Rural Development and Land Reform in the Western Cape Province. In order to achieve this goal the researcher conducted a literature search of relevant books, journal articles, academic papers, news paper articles, legislation and subordinate legislation, policy documents, official reports, other applicable published and unpublished research materials. In conjunction with the literature search, the researcher developed a survey questionnaire to establish whether employment equity legislation does have a negative impact on land reform delivery within the provincial land reform office in the Western Cape. The survey was conducted arnonqst 60 employees within the Provincial Land Reform Office in Cape Town, including the District Offices of the Provincial Office. Fifty four (54) responses were used in the analysis, which represent a 90% rate of return. Based on the findings of the literature study and the empirical survey, 51.9% respondents' are of the opinion that the implementation of employment equity legislation does have a negative impact on land reform delivery within the provincial land reform office of the Western Cape. The researcher recommends that the department should consider using provincial demographics when employing staff within its provincial offices to ensure a more stable workforce. This is a true reflection of the responses as the majority of the respondents (81.5 %) agreed that Employment Equity (EE) targets should be based on provincial demographics rather than national demographics, whilst 13% of the respondents disagreed with this statement. Seventy seven comma eight percent (77.8 %) of the respondents also agreed that EE should reflect the target market being served. This will go a long way to foster good employer - employee relationships.

Commonage is land that is usually found adjacent to a town, which is owned by the local municipality and acquired through state grants or, historically, through the church. Since the new government dispensation in 1994, poor and previously disadvantaged residents have acquired access rights to commonage for agricultural purposes. Through the Department of Land Affair’s Commonage Programme, local municipalities are acquiring more commonage land for purposes of agriculture and grazing livestock. Commonages are increasingly being recognised as an important livelihood asset for the poor and unemployed residents’ of towns and rapid urbanisation is contributing to the increasing use of commonage for livelihood provisioning. Some municipalities view commonage as a key asset to promote Local Economic Development, while others are finding it difficult to manage the land effectively, to the extent that some analysts see tragic ecological consequences occurring due to over-grazing. This has been likened to the “tragedy of the commons” as advocated by Hardin in 1968. Commonage and common property resource systems have many similarities and co-management has been advocated as a potential management regime for commonage. Researching the policy framework, institutional structures and management bodies involved in commonage, gave a better understanding of the governance and management of the commonages in Grahamstown, Fort Beaufort and Bathurst. Current management attempts are not ensuring the efficient, equitable and sustainable use of these commonages. The governance framework is not adequately supporting proper management. In an environment of resource-poor institutional bodies, adaptive co-management could prove to be the most effective system to ensure the sustainable use and development of this natural resource. Furthermore, commonage is no longer contributing to the Land Reform Programme. Commonage should be better integrated into agrarian reform through lease schemes and an efficient Emerging Farmer Programme.

Over the past fifteen years there has been an extensive conversion of land use from traditional farming practices to conservation and private game reserves. It has been suggested by Langholz and Kerley (2006:2) that privately owned preserved areas can engage in ecotourism initiatives by protecting biodiversity, succeeding financially and contributing to social upliftment. However, ecotourism has to operate within the context of historical land dispossession of the majority black population and current land reform initiatives to address this problem. In view of the economic, social and environmental importance of ecotourism based private game reserves (PGRs) in South Africa, particularly the Eastern Cape, the main goal of this research is to examine the Indalo association of private game reserves in the Eastern Cape Province’s development model for ex-farmworkers and adjacent communities. This was done through a literature survey and analysis of existing studies and by interviewing the managers of the Indalo PGRs and a few farmworkers to get their opinions of the tension between what they are doing and the imperatives of land reform. This involved an exploration of their community development work, particularly around issues of job creation, participation in decision-making, capacity building and sustainability. The thesis comes to the following conclusions. The first is that the establishment of PGRs have a significant positive impact on the local areas in which they are established. As a land-use, ecotourism based game reserves are an economically and ecologically desirable alternative to other land uses. Therefore the ecotourism based private game reserve industry with its extensive community development focus for farmworkers and local communities is a viable and sustainable alternative to conventional land reform. The second is that the Indalo PGRs development work has built capacity in the communities it has served. However, community participation, particularly in decision-making is limited and needs more attention if productive and sustainable development is to be achieved. Lastly, communities rely heavily on external support for their development and upliftment. However, the majority of the PGRs have/or are putting measures in place to ensure the continuation of community development projects to ensure the long-term sustainability of projects.

The purpose of this study is to explore the role of NGOs in land reform and post-settlement support in the Albany district of the Eastern Cape using a qualitative case study of Masifunde. To discover this role, civil society, land beneficiaries, Department of Agriculture and Department of Rural Development and Land Reform were proved to have interwoven relationships. The interactions and relationships between these entities underpinned their perceptions of each other. This study is set against the backdrop of a weakening land reform program due to frequent policy changes. Evidence presented showed how out of sync land reform is with its original mandate whilst civil society organisations have remained firmly rooted by theirs. The inability to have twin perspectives on this matter diverges the direction civil society and institutions involved in land reform take on. This separation in direction demonstrates the need for engagement between government and civil society in an attempt to assist in areas government is unable to reach or address. This thesis contends that there is definitely a role that NGOs do play and need to take on when it is evident that relevant actors are unable to deliver. Themes emerging from interviews necessitate civil society and government departments to combine their resources so as to maximise the impact for desired outcomes. These are views of both civil society and government, demonstrating that NGOs indeed do play a role in land reform and post-settlement support and need to continuously do so in an attempt to cushion the blows of uneven implementation of land reform policies.

This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.

This study critically analyzed land redistribution and economic empowerment of farm workers in the Stellenbosch agricultural area. Past socio-economic and political policies have resulted in a racially skewed and inequitable distribution of land as well as overcrowding, overstocking and poverty in the countryside. It has become imperative that fundamental change is brought about in order to improve economical opportunities of all South Africans to access land for beneficial and productive use. Land reform, as the central thrust of land policy, is not only part of the effort towards the creation of equitable land distribution, but also of national reconciliation and stability. This study analyzed the notion of economic empowerment of farm workers. It looked at historical overview of the evolution of politics in South Africa and contemporary legislative framework pertaining to land redistribution and farm workers in the Western Cape. A case study of Bouwland farm in the Stellenbosch agricultural area was used as an example of how land redistribution can contribute to economically empower farm workers.

Thesis (Ph.D. (Public Administration)) -- University of Limpopo, 2016 / Refer to document