Thesis (M. Dev) --University of Limpopo, 2011 / The struggle for land ownership in South Africa continues despite the successful democratic dispensation. Among other apartheid legacies, the new South Africa inherited a highly skewed land ownership pattern based on racial inequalities of the apartheid regimes stemming from the colonial era. The new government introduced a comprehensive land reform programme, aimed at a non-racial distribution of land. The land reform programme consists of three subprogrammes namely redistribution, restitution and land tenure reform. Equity - share schemes are types of land reform, through which previously disadvantaged and landless people can pool their resources to engage in agricultural and other land-related production activities with white commercial farmers, corporations or sectors of government. A critical question has centered on whether equity-share schemes can- and - do really result in redistribution of power and resources. Most of the research work already done on equityshare schemes focused much on investigating their social and political aspects, leaving much attention on their financial performance. This research investigated the financial performance of equity-share schemes using a recognized set of financial indicators. As an additional input to the research, the study investigated perceptions of the scheme’s general performance based on empowerment of farm workers, gender equity, decision making or power relations and tenure security. A combination of both quantitative and qualitative methodologies was used to answer key questions of the study. These involved obtaining quantitative data from balance sheets and income statements as well as holding meetings with management committee and beneficiaries.

Thesis (M. Dev.) --University of Limpopo, 2014 / This study aimed to assess the impact of the Land Restitution Programme on the livelihoods of the rural communities of Ga-Makgato village in the Molemole Municipality, Limpopo Province. As a basis of assessment, the primary and secondary data were collected and analysed. Electronic and non-electronic sources were used to collect secondary data while primary data were collected through pre-tested questionnaires. The study found that both males and females who are 38 in number participate in the land restitution programme. Of this number, 8% was found to be the youth, while the elderly and adults population of the beneficiaries of the CPA constitute 92%. Females constitute 47%, while the percentage of their male counterparts stood at 53%. In terms of the level of literacy, 11% of the total number of beneficiaries could not read or write and this is a serious concern of this study. Analysis of number of jobs created was also carried out. It was found in this study that the CPA managed to create on 38 jobs. In as far as income generating ability of the CPA is concerned, R1,5million was generated during the period under review. Of this amount, R710 000-00 came from the sales of Nguni cattle while the Bonsmara generated R650 000- 00. The following challenges were established in this study, i.e., lack of sufficient grazing space, lack of access to adequate funding, lack of technical and financial management skills, lack of sufficient government support, lack of access to adequate water sources, lack of access to markets, high electricity bills and lack of proper record keeping systems. 4 The following recommendations are provided:  The CPA should review the lease agreement;  LEDA should in consultation with other financial institutions assist the CPA in accessing funding;  The Department of Agriculture should provide the CPA with technical assistance;  The Department of Water Affairs and Agriculture should ensure supply of water and infrastructure;  The Department of Agriculture and LEDA should provide the beneficiaries of the CPA with market infrastructure and information;  The Molemole Local Municipality should provide subsidy for electricity bills; and  Policy makers should consider implementation of the job creation model provided in this study. If these policies can be successfully implemented, the land restitution programme in the Capricorn District, particularly at Ga-Makgato and surrounding villages, can become a major strategy for improving the livelihoods of the rural poor.

Thesis (M. Dev.) -- University of Limpopo, 2014 / This study aimed to assess the impact of the Land Restitution Programme on the livelihoods of the rural communities of Ga-Makgato village in the Molemole Municipality, Limpopo Province. As a basis of assessment, the primary and secondary data were collected and analysed. Electronic and non-electronic sources were used to collect secondary data while primary data were collected through pre-tested questionnaires. The study found that both males and females who are 38 in number participate in the land restitution programme. Of this number, 8% was found to be the youth, while the elderly and adults population of the beneficiaries of the CPA constitute 92%. Females constitute 47%, while the percentage of their male counterparts stood at 53%. In terms of the level of literacy, 11% of the total number of beneficiaries could not read or write and this is a serious concern of this study. Analysis of number of jobs created was also carried out. It was found in this study that the CPA managed to create on 38 jobs. In as far as income generating ability of the CPA is concerned, R1,5million was generated during the period under review. Of this amount, R710 000-00 came from the sales of Nguni cattle while the Bonsmara generated R650 000- 00. The following challenges were established in this study, i.e., lack of sufficient grazing space, lack of access to adequate funding, lack of technical and financial management skills, lack of sufficient government support, lack of access to adequate water sources, lack of access to markets, high electricity bills and lack of proper record keeping systems. 4 The following recommendations are provided:  The CPA should review the lease agreement;  LEDA should in consultation with other financial institutions assist the CPA in accessing funding;  The Department of Agriculture should provide the CPA with technical assistance;  The Department of Water Affairs and Agriculture should ensure supply of water and infrastructure;  The Department of Agriculture and LEDA should provide the beneficiaries of the CPA with market infrastructure and information;  The Molemole Local Municipality should provide subsidy for electricity bills; and  Policy makers should consider implementation of the job creation model provided in this study. If these policies can be successfully implemented, the land restitution programme in the Capricorn District, particularly at Ga-Makgato and surrounding villages, can become a major strategy for improving the livelihoods of the rural poor.

Farmworker equity-share schemes were initiated by the private sector in the Western Cape region of South Africa in the early 1990's as a method of redistributing farm assets to land reform beneficiaries while maintaining the viability of commercial farming operations. This study set out to identify the institutional characteristics of successful farmworker equity-share schemes in South Africa, and to discern a set of best institutional practices that will likely promote the success of future equity-share schemes. A detailed study of nine commercial farming ventures involving partnerships with farmworkers was undertaken in the Western Cape during November 2001 to explore relationships between their institutional arrangements, worker empowerment, management quality and performance. Farmworker equity-share schemes (FWES) have received both positive and negative publicity. This thesis adds to the debate surrounding these land reform projects by comparing the results of case studies conducted by the Surplus People's Project in 1998 with more recent (2001) case studies. The latter suggest that many of the concerns raised by the Surplus People's Project, such as beneficiaries' participation and expectations, power relations between management and worker-shareholders, skills transfer and labour relations, have been addressed. The dissertation also highlights those issues that remain areas of concern, for example, beneficiaries' tenure security, literacy levels amongst worker shareholders, skill and wage differences between men and women, and exit procedures. A cluster analysis of variables measuring four constructs of a successful farmworker equity-share scheme, viz. sound institutional arrangements, effective worker empowerment, competent management and good performance, revealed positive relationships between these constructs. Best institutional practices identified by the analysis suggest that farmworker equity-share schemes should be operated as (or like) a company with voting and benefit rights proportional to individual shareholdings, but with restrictions on certain share transactions to prevent free-riding by non-workers and the loss of creditworthiness through sudden outflows of equity and managerial expertise. However, this positive relationship between best institutional practices and enterprise performance is dependent on effective worker empowerment (e.g. skills transfer and gender representation), good governance (e.g. external auditing) and competent management (e.g. schemes to reward worker performance and to resolve disputes). From a policy perspective it is recommended that public land reform grants should be awarded only to beneficiaries of FWES that have been co-financed by a bank or reputable investor as this ensures a thorough financial assessment of the project, and only to projects that can demonstrate a history of good labour relations. It is also recommended that the Department of Land Affairs should consider extending its grants to regular but seasonal farmworkers who wish to participate in an established project. While farmworker equity-share schemes may not provide all of the answers to land reform they have an important role to play in redistributing wealth and de-racialising commercial agriculture in South Africa. / Thesis (M.Agric.Mgt.)-University of Natal, Pietermaritzburg, 2003.

This study seeks to investigate the origin of land injustices in South Africa. The root cause of land injustices, as will be shown in the introduction, is located in human shortcomings of greed, which theologically is termed sin. All the contributory systems mentioned such as Colonisation and Apartheid are a direct result of sin. No human being is immune from sin, whatever name one may use to describe that shortcoming. The approach adopted throughout the dissertation is an inductive one which first presents the reality as it is and secondly make an analysis of the situation. In this regard chapter two focuses on the dire needs of land by Africans both in Cradock and the country as a whole. Chapter three examines the concept of ubulungisa - justice as an appropriate method for Christians (in South Africa) to address the issue of land injustice. Chapter four acknowledges that the problem of land injustice is global in scope. It is suggested that the experiences of other countries that have gone through similar experiences have much to offer South Africa: It is also emphasised that the lessons learnt must be adapted to our situation. Chapter five examines the land policies of three of the dominant South African political parties that are involved in the present Government. These are; the African National Congress, the National Party and the Pan Africanist Congress of Azania. At the same time, a brief critique of their land policies is conducted. This chapter closes by suggesting that an approach that allows all citizens of the country to make a contribution be adopted. Chapter six presents a challenge to the Church to accept its role and responsibility. The author submits that the Church has a pastoral and prophetic role to play. The church is challenged to show its commitment to ministry on land injustices by setting an example in the use of its own land, whilst at the same time it challenges the State. This is so because the church has a task to be the conscience of the nation by 'being the voice of the voiceless.' Chapter seven, summarises the findings of the dissertation and concludes by suggesting six fundamental ethical principles regarding justice in the land that are worth considering. / Thesis (M.Th.)-University of Natal, Pietermaritzburg, 1998.

Gender equality and the participation ofwomen is emphasised in the South African Land Reform Programme. At the same time, the programme is also premised on the group ownership and management of the land. As such, the land reform is often operationalised through community based legal entities, which usually take the form of Trusts and Communal Property Associations. The Department ofLand Affairs encourages communities to elect women to these bodies, on the assumption that this involvement ofwomen will translate into gender sensitive planning and management on the part of these entities. Through the examination ofthree Land Trusts in KwaZulu Natal, this paper seeks to establish the validity of such an assumption in light of the patriarchy that often exists in rural areas. The focus of the paper is whether the dynamics inherent in these communities, and the entities they have formed, allow women to participate in decision making in a manner sufficient to achieve the ideals of equity inscribed in governmental policy. In addressing this question, the dissertation examines (i) how women are involved in the Trusts (ii) the implications of their involvement (iii) whether the increasingly popular concept of social capital provides a useful tool in understanding the issues that arise around the participation of women in the entities. / Thesis (M.A.)-University of Natal, 1999.

Thesis (MA)--Stellenbosch University, 2001. / ENGLISH ABSTRACT: Nobody can deny the need which prevails among black South Africans of gaining access to land. In South Africa, just like elsewhere, the land issue plays an equally important role to economic and political issues. However, the land issue is much more emotional, and has the potential to unleash forces which could impact negatively on the economy and the political situation. Bearing this in mind, the ANC-government placed the issue of land reform on the national agenda after assuming power in 1994. Within the broad framework of the program provision is made for previously disadvantaged people to be given access to agricultural land. However, the focus on new entrants to the agricultural sector diverts the attention somewhat from the fact that there are people and groupings who were also disadvantaged under apartheid, but who have had a degree of access to land. This study focuses on the 23 so-called Rural Areas which are scattered over four provinces (Western Cape, Northern Cape, Eastern Cape and the Free State) and which are administered in terms of the Rural Areas Act, Act 9 of 1987. Since the study is no more than an overview, a synopsis is given of contributing factors which relate to the origins of each of the areas. Of importance is the role which was played by missionary societies and others in establishing these communities. The mam focus of the study is the manner in which the Rural Areas were administered. Reference is made to relevant legislation since 1909, and specifically to Act 9 of 1987. The importance thereof lies in the fact that the existence and continued application of the Act has particular constitutional implications. Furthermore, the Minster of Land Affairs, who is responsible for the implementation of the land reform program, is the (unwilling) trustee of these areas. Apart from the fact that trusteeship recalls paternalism of years gone by, the South African reality also necessitated reflection on the existence of Act 9. The rest of the study discusses the consultation process undertaken by the department of Land Affairs with the communities concerned, and the writing of legislation to replace Act 9. The Transformation of Certain Rural Areas Act, Act 94 of 1998, will replace Act 9 when certain conditions mentioned therein, have been met. The Act will end trusteeship and ensure that the communities receive ownership of their land. This will be a movement towards the ideal of the land reform process of giving access to land to all inhabitants of the country. / AFRIKAANSE OPSOMMING: Niemand kan die behoefte aan toegang tot grond ontken wat onder swart Suid- Afrikaners heers nie. Nes elders, speel die grondkwessie in Suid-Afrika 'n ewe belangrike rol as ekonomiese en politieke kwessies. Die grondkwessie is egter baie meer emosioneel, met die potensiaal om kragte los te laat wat nadelig op die ekonomie en politiek kan inwerk. Gedagtig hieraan het die ANC-regering na bewindsaanvaarding in 1994 grondhervorming op die nasionale agenda geplaas deur 'n grondhervormingsprogram van stapel te stuur. Binne die breë raamwerk van die program is onder andere ruimte geskep vir die verlening van toegang tot landbougrond aan voorheen benadeeldes. Dié klem op "nuwe toetreders" tot landbou trek egter 'n mens se aandag af van die feit dat daar ander persone en groeperinge bestaan wat ook deur apartheid benadeel is, maar wat wel 'n mate van toegang tot grond gehad het. Hiedie studie fokus op die 23 sogenaamde Landelike Gebiede wat oor vier provinsies (Wes-Kaap, Noord-Kaap, Oos-Kaap en Vrystaat) van die land versprei is, en wat ingevolge die Wet op Landelike Gebiede, Wet 9 van 1987, geadministreer word. Weens die oorsigtelike aard van die studie word slegs 'n sinopsis gegee van bydraende faktore wat relevant is tot die spesifieke ontstaansgeskiedenis van elk van die gebiede. Veral van belang hier is die rol wat sendinggenootskappe en andere gespeel het in die totstandkoming van gemeenskappe. Daar word in hoofsaak gekyk na die manier waarop die Landelike Gebiede met verloop van tyd geadministreer is. Hier word verwys na die relevante wetgewing sedert 1909, met spesifieke verwysing na Wet 9 van 1987. Die belang hiervan lê in die feit dat die voortbestaan en voortgesette toepassing van die Wet bepaalde grondwetlike implikasies inhou. Daarmee saam die feit dat die Minister van Grondsake, wat verantwoordelik IS vir die implementering van die grondhervormingsprogram, die (onwillige) trustee is van die Landelike Gebiede. Benewens die feit dat trusteeskap sterk herinner aan die paternalisme van die verlede, het die nuwe Suid-Afrikaanse werklikheid vereis dat herbesin word oor die voortbestaan van Wet 9. Die res van die studie bespreek die konsultasieproses van die departement van Grondsake met die betrokke gemeenskappe, en die skryf van wetgewing om Wet 9 te vervang. Die Wet op die Transformasie van Sekere Landelike Gebiede, Wet 94 van 1998 sal Wet 9 vervang wanneer aan sekere vereistes voldoen word. Die Wet het ten doelom trusteeskap te beëindig en te verseker dat die betrokke gemeenskappe seggenskap oor hul grond verkry. Sodoende sal nader beweeg word aan die ideaal van die grondhervormingsproses, naamlik die verskaffing van vrye toegang tot grond aan alle inwoners van die land.

South Africa is a new democracy that has had to deal with many historical remnants of apartheid. One of the main remnants has been land dispossession and massive inequalities along racial lines of access to land for agricultural purposes. In countering this, the post-apartheid state has pursued land redistribution programmes since the end of apartheid in 1994, as part of a broader land reform project. Simultaneously, post-apartheid South Africa has been marked by significant state restructuring notably a process of state de-centralisation including the positioning of municipalities as development agents. Amongst other goals, this is designed to democratise the state given the authoritarian and exclusive character of the apartheid state, and thereby to democratise development initiatives and programmes. Land redistribution and state decentralisation in South Africa are different political processes with their own specific dynamics. They have though become interlinked and intertwined but not necessarily in a coherent and integrated manner. Within broader global developments pertaining to state decentralisation and land redistribution, the thesis examines the complex relations between these two processes in South Africa. In particular, I analyse critically the decentralised character of the land redistribution programme in South Africa. In order to concretise and illustrate key themes and points, I discuss a particular land redistribution project called Masizakhe located in Makana Municipality in the Eastern Cape Province.

The main question of this thesis is to what extent the rights-based and market-driven nature of the restitution program has given rise to a legalistic and bureaucratic process that negates both the demand-driven and the developmental aspects of restitution as land reform. I answer this question by showing that the choice of a Constitutional model with a Bill of Rights provides the background for a rights-based land reform program. This is especially true for the restitution sub-program, one of the three branches along with redistribution and tenure of the overall land reform program. I then consider the debate around the property clause, and how its inclusion provided the context for a market and rights-based approach to land reform as opposed to a supply-led administrative approach. Because the property clause as a First Generation right prevents expropriation of land without market-related compensation, a complex and legalistic land reform program falling within the ambit of Second Generation rights was formulated to address the gross imbalance in land ownership in South Africa. I argue that the contemporary origin of Second Generation human rights lies within the context of class and anti-globalisation struggles for democracy, and that they are something to be fought for and defended. I discuss the distinction between First, Second and Third Generation rights and identify four spheres within which the struggle for Second and Third Generation rights takes place within modern democratic states. These are the state, the representative public sphere, civil society and the private sphere. I then deal with the problem of trying to turn "paper rights" into realisable rights for the more disadvantaged sectors of society. I also look at what impedes their realisation. I argue that a number of strategies are necessary to ensure the delivery of Second and Third Generation rights. These are an adequate legislative framework, a good communication strategy, the development of institutional capacity to deliver, and if all else fails, access to conflict resolution mechanisms. I consider the major impediments to the realisation of Second and Third Generation rights to be the way in which they are defined in relation to First Generation rights, especially the property clause, the way in which access to rights-backed resources through formal institutions are mediated by the operation of informal institutions, and the dearth of administrative competence in South Africa. My point is that in order for Second and Third Generation rights to have practical benefit for the dispossessed and poor, extraordinary measures are needed. The Restitution arm of the land reform program provides in theory just such extraordinary measures, albeit for only a section of the population. I analyse the effectiveness of the Land Claims Court in assisting restitution claimants and the rural poor to realize their rights. I trace the slow and haphazard shift from a positivistic statutory interpretation (narrow, literal, legalistic) to a purposive interpretation (informed by the Constitutional spirit and social purpose of the legislation) by the Court. This is followed by an analysis of the restitution business process, which means tracing the path of the claim from lodgement to settlement. I set out the costly, complex and legalistic implementation and policy process in some detail. My argument is that in order for a rights-based approach to overcome the impediments outlined in Chapter 3, as well as the property clause in the Constitution, its architects designed a complex process that in the end proved counter-productive in terms of its original aims. The failure of the process to deliver led in 1998 the then Minister of Land Affairs, Derek Hannekom, to appoint a Ministerial Review to investigate the problems. Problems included: slowness of delivery, the crisis of unplannability, low levels of trust between implementers, and high levels of frustration. Two issues are analysed more fully, the rights-driven approach as opposed to the rights-based approach and the lack of claimant participation in taking control of the restitution process. I examine the relationship of the Restitution Commission to the Department of Land Affairs and to municipal land use planning processes. The emphasis on rights within the restitution program had the effect of distancing restitution, especially in the first few years of the programs' existence, from the rest of the land reform program, as well as from the local government process of formulating land development objectives (LDOs), and the Integrated Development Planning (lOP) process. I look at the Port Elizabeth Land and Community Restoration Association (Pelcra) as a case study as it embodies an approach that tries to move beyond a mere reclaiming of rights in land and attempts to implement a developmental approach. I conclude that the rights-based restitution program in spite of its many shortcomings has had some success. It has moved slowly from an overly legalistic judicial program to a more administrative but still bureaucratic process, that has delivered only 27 percent of its product as land reform, the rest going to monetary compensation mainly in urban areas. Thus it can be argued that restitution has been more successful as a program to promote reconciliation along the lines of the Truth and Reconciliation Commission, than as a land reform program, especially if one regards land reform as the restoration of rural land to the indigenous population. There have also been some successful attempts by the Commission, such as in the case of PELCRA, to integrate the processing of its claims with local government planning processes, but progress in this direction remains patchy.

The purpose of the research is to assess how the Port Elizabeth Land and Community Restoration project has been perceived by the beneficiaries with regard to spatial transformation.The study is about land restitution programme in Port Elizabeth; with specific emphasis on those land claims which were lodged through a community based organization called Port Elizabeth Land and Community Restoration Association (PELCRA) for the restitution of Fairview, South End, Salisbury Park and Korsten. Such land claims were subsequently part of the PELCRA project for the restitution of Fairview. The study looks specifically at claimants who were dispossessed of their land rights as a result of the implementation of Group Areas Act in the 1960s. The claimants were forcefully removed from Fairview, Korsten, South End and Salisbury Park to their respective race group areas, such as Bloemendal for coloureds, Malabar for Indians and Kwa-Zakhele for Africans.However, before the general objectives of the study could be discussed, it is important to provide a brief historical context that brought about racial segregation in the South African urban setting, and how the post-apartheid government sought to re-integrate, restructure the towns and cities, as well as healing the boundaries set by racial zoning through land reform. This will then followed by the discussion on how the various communities of Port Elizabeth responded to the introduction of the Land Restitution Act 22 of 1994. The post-apartheid government in South Africa faces serious challenges in undoing the legacy of apartheid. One such product of apartheid system is the ‘apartheid city’. It stands out as an extreme example of social engineering. According to Freund (2001, 537) urban segregation was pervasive across the colonial world, some other cities in colonial and even post-colonial Africa were subject to massive forced removals or urbanisation that were comparable to South Africa under the apartheid regime. Urban segregation is therefore not unique to South Africa. It has to be said though that the South African apartheid city was distinctive in a number of ways.