Thesis (M. Dev.) -- University of Limpopo, 2016 / In South Africa, the Land Reform Programme is a priority programme aimed to address land ownership through land redistribution and restitution programmes. The aim of this study was to assess the effectiveness of the mentorship programme in land reform programme. The study adopted a qualitative approach in which one mentor, three executive committee members, 20 protégé's (new farmers) and a manager from the Department of Rural Development and Land Reform were interviewed. The findings show that there are essential qualities and characteristics that a mentor and Protégé should possess to ensure a successful mentorship programme. The qualities linked to a mentor include a good commended, traceable track record; he/she must be people’s person (that is, he/she must be able to get along with people); a motivator to other people; he/she must be able to make people productive and take firm decisions; and must be a knowledgeable, respectful and trustworthy person. The ‘ideal’ protégé should be honest, committed, respectful and hard working. The characteristics of a mentee include honesty, passionate with farming and reliability. All these qualities must be undergirded by a good mentorship relationship between a mentor and mentee, a condition which is crucial for success. The study also found out that a lack of respect from either the mentor or mentee, a lack of willingness to cooperate, a lack of commitment have the potential to lead to negative impact on the mentorship programme and affects farm production. Due to the fact that the mentorship programme applies a participatory approach, beneficiaries are at liberty to select their own mentor. They also have the opportunity to make input when a land use plan and a business plan are developed. Key words: Mentorship; beneficiary, land reform; agriculture; business plan; sustainability and recapitalisation.

Thesis (M. Dev.) -- University of Limpopo, 2016 / Land reform in a form of land redistribution has been implemented in developing countries including South Africa. Land reform in South Africa was introduced to address the effects of the racial discrimination practices of the apartheid government, which led to black people being denied access to land prior 1994. The objective of land redistribution is produce commercially viable land reform projects, which will be able to sustain livelihoods of the poor. However evidence from some studies suggest that a large number of these projects have failed. This study aimed to explore the impact of land redistribution programme on the livelihoods of beneficiaries of the Monyamani, Lwalalemetse and Maboi3 (MOLWAMA) farms in the Polokwane municipality, Limpopo province who have benefited from Settlement Land Acquisition Grant (SLAG) a sub-programme of land redistribution. A quantitative research design was used. Data were collected through a semi-structured questionnaire and analysed using the SPSS software. Since the main objective was to determine how the standard of living, the researcher used key indicators such as household income, access to services, production of food for food security, empowerment, security and health. The main findings of the research are that while beneficiaries indicated a positive change on their standard of living, it was evident that because the land was not optimally utilised, the benefits could be much higher but for a number of challenges that they were still experiencing. Beneficiaries highlighted a number of challenges which include water shortages, drought, financial mismanagement, conflict amongst beneficiaries, uncommitted beneficiaries, low wages, low representation of women and youth and lack of financial assistance. In order to resolve these challenges, the study recommends a number of policy interventions. Specifically, on building capacity of beneficiaries by providing entrepreneurship and financial management trainings. The government and other stakeholders should encourage the youth to participate in land reform projects and provide them with necessary skills which, will enable them to work productively. Provision of infrastructure such as access roads, water, electricity and markets is very crucial for successful and sustainable projects.

Thesis ( LLM.) --University of Limpopo, 2019 / For decades, land reform and land redistribution have been tensely contested issues across the entire African continent. It is particularly worse in countries that experienced the wrath of colonisation, and imperialism, and apartheid in the case of South Africa. This is because the historical dispossessions of land resulted in major displacements, disenfranchisements, underdevelopment, socio-economic vulnerabilities, and thus, poverty in the end. To a large extent, such abysmal experiences of land dispossessions are responsible for the present pervasive social and economic inequalities besieging majority of proletariat masses. Worth noting is the fact that even after the passing of the Universal Declaration of Human Rights Convention of 1948, human rights violations against the native people of South Africa continued unabated. Against this backdrop, this mini-dissertation set out to conduct a critical analysis on whether expropriation of land without compensation is practicable, at least constitutionally speaking, especially within the context of rights-based approaches to property law, juxtaposed with the post 1994 truth and reconciliation initiatives, and the Constitution’s so-called transformative agenda. It is appreciated that section 25 of the Constitution, 1996 in its present does not prohibit expropriation of land. However, it is asserted that to enhance necessary impetus to the law, the decision of the National Assembly (legislature) to embark on a process of amending section 25 is justified. This is because there is a need to expressly insert a clause or sub-clause which shall, with absolute certainty, enable expropriation of land without compensation in order that the post-1994 dispensation does not get caught on the wrong side of constitutional supremacy system of governance. The fact that the legislature embarked on a process that seeks to conform to the rule of law is commendable, because it confirms a widespread commitment of transforming the country’s social, legal and political realities, within the confines of the Constitution

Thesis (MPAM.) -- University of Limpopo, 2021 / Globally, land reform has been a burning issue and where it was implemented, it has resulted in both successes and failures. The problems that engulf land reform illustrate that government’s programmes often fail to address the socio-economic conditions of the land claimants. As such, this study undertook to examine government interventions in addressing beneficiaries affected by land restitution in Limpopo province with specific reference to Tshifhefhe community located in Makhado Local Municipality. The study is an examination of governmental interventions in addressing beneficiaries affected by land restitution. The institutional mechanisms used to support land restitutions are considered for discussion. The study focused mainly at the Tshifhefhe community in Limpopo province where the need to restore the land forcibly taken from the community was considered. The restoration is necessary for improvement of their wellbeing, intensification of democracy and emancipation as well as restoration of previously marginalised people. The study adopted a qualitative approach and a case study design. The utilised approach described and explored Tshifhefhe beneficiaries’ perceptions, attitudes, views and feelings about the government’s interventions in their restored land. The findings point to the fact that government has been found to have provided inadequate support in terms of training on land management, marketing and administration of these beneficiaries including the Tshifhefhe restituted land. It is recommended that the government should intervene in the restored land projects by providing capacity building programmes, assessment of failures and successes in other restored land, mentoring, development and implementation of progressive and sustainable land policies and programmes.

No description available.

Informal settlement areas (often referred to as squatter settlements or squatter camps) exist in all provinces of South Africa. These areas are characterized by rapid and unplanned development. The result of these is that property boundaries in most of these areas are not surveyed. Since the plots do not have boundary beacons, the land parcel is not properly defined and therefore, the property cannot be registered in the user or owner's name. Consequently, ownership is not guaranteed. Thus there are no legal documents to prove the relationship between an individual and the property. This paper discusses the problems in the land reform process that can be attributed to the existence of informal settlements. The paper is based on a research carried out to assess the effect of informal settlements on the success of the land reform programme in South Africa. A review of literature on the land reform programme and its implementation plan was carried out. The research also included a literature review on informal settlements in relation to property ownership, cadastral surveying and land registration. Three informal settlements in the KwaZulu-Natal province of South Africa were identified for study. These included Cato Manor and Umlazi section CC in Durban and Peace Valley 2 in Pietermaritzburg. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.

MA (History) / Department of Development Studies / The research investigated the nexus between land reform and human security in Ratombo community. The central argument was that land reform should address human security and development of the community. The security-development nexus was applied to explicate the link between human security and human development. The human security concerns discussed in the research included food security, economic security, individual security, community security, and environmental security. These security matters were discussed within the backdrop of a myriad of challenges facing Ratombo Communal Property Association (CPA) regarding improving production at the farm. The problem under investigation was informed by the failure of the CPA to ensure food security and to create employment for the community members. Within that background, the study sought to explore the feelings of the farm workers, management and members of the CPA. Qualitative methods of data collection and analysis were used to establish the attitudes and feelings of stakeholders on Ratombo CPA’s performance, regarding meeting human security concerns of the community. The outcome of the research was that, as land reforms have dominated the discourse of rural development, there is needed to closely link rural development to human security issues because development and well-being are inseparable to the human security of a community. / NRF

Thesis (LLM (Public Law))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: The 1996 Constitution provides in s 25(7) that individuals and communities who had been dispossessed of rights in land after 19 June 1913, as a result of past discriminatory laws, may claim restitution or equitable redress. The Restitution of Land Rights Act 22 of 1994 reiterates the 1913 cut-off date for restitution claims. The cut-off date appears to preclude pre-1913 land dispossessions. Various reasons are cited for this date, the most obvious being that it reflects the date on which the Black Land Act came into effect. The Richtersveld and Popela decisions of the lower courts appear to confirm the view that historically based land claims for dispossessions that occurred prior to 1913 are excluded from the restitution process. In Australia and Canada restitution orders have been made possible by the judicially crafted doctrine of aboriginal land rights. However, historical restitution claims based on this doctrine are constrained by the assumption that the Crown, in establishing title during colonisation, extinguished all existing titles to land. This would have meant that the indigenous proprietary systems would have been lost irrevocably through colonisation. In seeking to overcome the sovereignty issue, Australian and Canadian courts have distinguished between the loss of sovereignty and the loss of title to land. In this way, the sovereignty of the Crown is left intact while restitution orders are rendered possible. South African courts do not have to grapple with the sovereignty issue since post-apartheid legislation authorises the land restitution process. The appeal decisions in Richtersveld and Popela recognised that some use rights survived the colonial dispossession of ownership. This surviving right was later the subject of a second dispossession under apartheid. By using this construction, which is not unlike the logic of the doctrine of aboriginal title in fragmenting proprietary interests, the second dispossession could then be said to meet the 1913 cut-off date, so that all historically based land claims are not necessarily excluded by the 1913 cut-off date. However, it is still possible that some pre-1913 dispossessions could not be brought under the umbrella of the Richtersveld and Popela construction, and the question whether historically based restitution claims are possible despite the 1913 cut-off date will resurface, especially if the claimants are not accommodated in the government’s land redistribution programme / AFRIKAANSE OPSOMMING: Die 1996 Grondwet bepaal in a 25(7) dat individue en gemeenskappe wat na 19 Junie 1913 van ‘n reg in grond ontneem is, as gevolg van rasgebaseerde wetgewing en praktyke, geregtig is om herstel van sodanige regte of gelykwaardige vergoeding te eis. Die Wet op Herstel van Grondregte 22 van 1994herhaal die 1913-afsnydatum vir grondeise. Dit lyk dus asof die afsnydatum die ontneming van grond voor 1913 uitsluit. Verskeie redes word vir hierdie datum aangevoer, waarvan die bekendste is dat dit die datum is waarop die Swart Grond Wet in werking getree het. Dit beslissing van die laer howe in beide die Richtersveld- en die Popela-beslissings bevestig blykbaar dat ontneming van grond of regte in grond voor 1913 van die restitusie-proses uitgesluit word. In Australië en Kanada is restitusiebevele moontlik gemaak deur die leerstuk van inheemse grondregte. Historiese restitusie-eise in hierdie jurisdiksies word egter aan bande gelê deur die veronderstelling dat die Kroon, deur die vestiging van titel gedurende kolonialisering, alle vorige titels op die grond uitgewis het. Dit sou beteken dat die inheemsregtelike grondregsisteme onherroeplik verlore geraak het deur kolonialisering. Ten einde die soewereiniteitsprobleem te oorkom het die Australiese en Kanadese howe onderskei tussen die verlies van soewereiniteit en die verlies van titel tot die grond. Op hierdie wyse word die soewereiniteit van die Kroon onaangeraak gelaat terwyl restitusiebevele steeds ‘n moontlikheid is. Suid-Afrikaanse howe het nie nodig gehad om die soewereiniteitskwessie aan te spreek nie omdat post-apartheid wetgewing die herstel van grondregte magtig. Die appélbeslissings in Richtersveld en Popela erken dat sekere gebruiksregte die koloniale ontneming van eiendom oorleef het. Die oorblywende gebruiksregte is later ‘n tweede keer ontneem as gevolg van apartheid. Deur gebruikmaking van hierdie konstruksie, wat dieselfde logika volg as die leerstuk van inheemsregtelike regte en berus op fragmentasie van eiendomsaansprake, kan gesê word dat die tweede ontneming van grond wel binne die 1913-afsnydatum val. Gevolglik sal alle historiese restitusie-eise nie noodwendig deur die 1913- afsnydatum uitgesluit word nie. Dit is steeds moontlik dat sommige pre-1913 ontnemings nooit onder die vaandel van die Richtersveld- en Popela-beslissings gebring sal kan word nie, en die vraag of histories gebaseerde eise moontlik is ongeag die 1913-afsnydatum sal daarom weer opduik, veral indien die grondeisers nie geakkommodeer word in die grondherverdelingsprogram van die staat nie.

Thesis (MPhil)--University of Stellenbosch, 2004. / ENGLISH ABSTRACT: South Africa's history led to an unequal distribution in land ownership, which is not conducive to democratic consolidation. Land refortn is the means to address this problem. However, land reform, part of the larger process of transformation, is a potentially dangerous process: it can have negative implications on the rule of law. The objective of this study is to provide an analysis of the dynamic relationship between land reform, the rule of law and transformation in South Africa, within the debate on democratic consolidation. One can distinguish two paradigms regarding democracy: the liberal paradigm and the liberationist paradigm. These two paradigms have divergent views on the way land reform and transformation should be implemented, and what the goal of these two processes is. The liberal paradigm would seem to be more favourable for democratic consolidation, while the liberationist paradigm is a breeding ground for populist transformation. Furthermore, the negotiated constitutional settlement has left land reform with an ambiguity. On the one hand the constitution forces the govemment to address land reform, but on the other hand it firmly entrenches the private property rights by enforcing the 'willing buyer, willing seller' principle, which makes the process more costly and time consuming. The main hypothesis of this study is: Demographic indicators (race, party affiliation and provincial setting) influence support or rejection of the land reform policies of the South African govemment. Tbe dependent variable is 'support or rejection of the government's land reform policies'. Support for the govemment's land reform policies is indicative of the liberal paradigm and rejection of the govemment's policies is indicative of the liberationist paradigm. It is found that the majority of South Africans reject the govemment's land reform policies. However, strong divisions are evident. Respondents differ along racial, party affiliation and provincial lines. Thus, the liberationist paradigm dominates, but the liberal paradigm has a strong presence, creating an ideologically divided society. This means that the legitimacy of South Africa's land reform project, as well as the legitimacy of the constitution, is under stress. This does not bode well for democratic consolidation, as the rule of law is under severe threat. Thus, one can conclude that land reform is not going to make a positive contribution to the consolidation of South Africa's democracy, if a substantial financial injection is not found to increase the efficiency of the process. / AFRIKAANSE OPSOMMING: Suid-Afrika se geskiedenis het aanleiding gegee tot 'n ongelyke verspreiding van grondeienaarskap. Dit is nie gunstig vir demokratiese konsolidasie nie. Grondhervorming IS die mamer waarmee die probleem aangespreek kan word. Grondhervorming, deel van die groter proses van transformasie, is egter 'n potensieel gevaarlike proses: dit kan negatiewe implikasies vir regsoewereiniteit hê. Die doel van hierdie tesis is om 'n analise van die dinamiese wisselwerking tussen grondhervorming, regsoewereiniteit en transformasie te verskaf, binne die debat oor demokratiese konsolidasie. Daar kan aangaande demokrasie tussen twee paradigmas onderskei word: die liberale paradigma en die bevrydings (liberationist) paradigma. Hierdie twee paradigmas het teenstrydige perspektiewe oor die manier waarop grondhervorming, sowel as transformasie, geïmplementeer behoort te word, sowel as wat die doel van hierdie twee prosesse is. Die liberale paradigma is meer geskik vir demokratiese konsolidasie, terwyl die bevrydings paradigma 'n teelaarde vir populistiese transformasie is. Verder het die onderhandelde grondwetlike skikking grondhervorming in 'n teenstrydigheid geplaas. Aan die een kant vereis die grondwet dat die regering grondhervorming moet aanspreek, maar aan die anderkant bied dit 'n ferm onderskraging van private eiedomsreg deur op die 'gewillige koper, gewillige verkoper' beginsel aan te dring. Dit maak die grondhervormings proses langer en duurder. Die hoof hipotese van die studie is: Demografiese indikatore (ras, partyaffiliasie en provinsie) beïnvloed ondersteuning of verwerpmg van die regering se grondhervormingsbeleid. Die afhanklike veranderlike IS 'ondersteuning of verwerping van die regering se grondhervormingsbeleid '. Ondersteuning van die regering se grondhervormingsbeleid dui op die liberale paradigma, en die verwerping daarvan dui op die bevrydings paradigma. Daar word bevind dat die meerderheid Suid-Afrikaners die regenng se Respondente verskil volgens ras, partyaffiliasie en provinsie. Dus, die bevrydings paradigma domineer, maar die liberale paradigma het ook 'n sterk teenwoordigheid. Dit sorg vir 'n ideologies verdeelde samelewing. Dit beteken dat die legitimiteit van Suid-Afrika se grondhervormings projek, sowel as die legitimiteit van die grondwet, in gedrang is. Dit is nie 'n goeie teken vir demokratiese konsolidasie nie, aangesien dit regsoewereiniteit in die gedrang bring. Daarom kan daar tot die gevolg gekom word dat grondhervorming nie 'n positiewe bydrae ten opsigte van die konsolidasie van Suid-Afrikaanse demokrasie sal maak nie, tensy daar 'n beduidende finansiële inspuiting gevind kan word.

Thesis (MBA)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: Women’s rights to property have still not been recognised in many countries as a basic individual right. Furthermore, women have often been excluded in the policies that govern land reform, that is, the economic restructuring programmes and land distribution policies. It is important to understand how women's rights in and access to land are being addressed, and the ways in which institutional reforms have benefited or disadvantaged women, given the importance of women as agricultural producers in sub-Saharan Africa, as well as the commitment to gender equality adopted by many governments. The determination of the criteria used to target land beneficiaries for land reform in South Africa is largely unclear and undocumented. Furthermore, there is a limited focus in existing literature on the actual impact of land reform on its beneficiaries. Land reform in South Africa is only benefiting a small proportion of the population. The findings of this research also indicate that there is a conscious attempt by the state to address racial injustices of Apartheid, with the majority of recipients of land in South Africa being African/black, and Coloureds following closely. Furthermore, the beneficiaries of land appear to be largely uneducated and unmarried. The research indicates that women in South Africa have equal, if not more opportunity than men to gain access to land through land reform. However, it does appear that males are heading most of the households with access to land through land reform and women in male-headed households have more access to land through land reform than those in female-headed households. This suggests that unmarried women are still at a disadvantage for accessing land through land reform, which further validates the findings of existing literature that customary practices may still be prevalent in South Africa and women’s primary access to land is through marriage. The findings of the research also indicate that generally people with access to land through land reform are more likely to have better household welfare than those with no access to land through land reform. Therefore, with only 2.5 per cent of the population accessing land, there is a significant limitation on the number of households whose welfare can be improved by land reform. The results also indicate that males without access to land have better household welfare than females without access to land therefore implying that women are more vulnerable without land access and they are more likely to face poverty when they are not afforded the opportunity to access land through land reform. Furthermore, it appears that females with access to land have better household welfare than males with access to land, which implies that females are an essential contributor to household welfare, more so than their male counter parts. Similar to existing literature, these findings further validate the need for the state to address gender inequality in land reform and ensure that women are included in the process. Nevertheless, with the majority of the land beneficiaries in this research being female, household welfare in South Africa is expected to improve in the future due to land reform.