This evaluative study aims to identify and analyse conflicts within the South African land reform process that have manifested within Communal Property Institutions, and so doing, devising and providing a mechanism that will assist conflict practitioners to approach these conflicts in an informed manner. It further intends to provide for an approach in order to restore social justice to the land reform process, and so doing, suggesting resolution mechanisms to assist in the process for the reasons that this restoration of land rights was originally intended. This study further seeks to investigate the causes, actions and consequences of protagonistic land claimants and beneficiaries within the land reform process, who have created conflict within their communal property institutions, at the expense of those beneficiaries who are subsequently deprived of their land rights. According to Coate and Rosati (1988), human needs are a powerful source of explanation of human behaviour and social interaction. All individuals have needs that they strive to satisfy, either by using a system of “acting on the fringes” or acting as a reformist or revolutionary. Given this condition, social systems must be responsive to individual needs, or be subject to instability and forced change, possibly through violence or conflict). Humans need a number of essentials to survive. According to the renowned psychologist Abraham Maslow and the conflict scholar John Burton, these essentials go beyond just food, water, and shelter. They include both physical and non-physical elements needed for human growth and development, as well as all those things humans are innately driven to attain. For Maslow, needs are hierarchical in nature. That is, each need has a specific ranking or order of obtainment. Maslow's needs pyramid starts with the basic items of food, water, and shelter. These are followed by the need for safety and security, then belonging or love, self-esteem, and finally, personal fulfilment (Rothman J, 1997). Burton and other needs theorists who have adopted Maslow's ideas to conflict theory, however, perceive human needs in a different way, being rather as an emergent collection of human development essentials (Burton J, 1990). Furthermore, they contend needs do not have a hierarchical order. Rather, needs are sought simultaneously in an intense and relentless manner (Rothman J, 1997). Needs theorists' list of human essentials include safety, a sense of belonging (love), self esteem, personal fulfilment,identity, cultural security, freedom, distributive justice, and participation. The South African land restoration process relies largely on the Constitution of South Africa (1996), with the preamble thereof as its tenets. The three land reform programmes that emanate from the Constitution are the Land Redistribution Programme, the Land Tenure Reform programme, and the Land Restitution programme, which have been used in this study as the point of departure from which deviations are measured and analysed. A number of Communal property Institutions have been considered, the findings of which have been evaluated, investigated and analysed, in order to achieve the aims of this study.

This study examines the dynamics of agricultural change amongst traditional African smallholder farmers in Shixini location, Gatyana District, Transkei. This entailed an examination of the historical, regional and local causes of agricultural change and the response of the local community. What became evident was that there had been a gradual decline in agricultural output after the 1930s due to a combination of socio-economic and environmental constraints. Pressure on limited resources and land degradation, a consequence of socio-economic pressures on the African peasantry and agricultural expansion, reduced carrying capacities and soil fertility within the African reserves. Racially discriminatory policies also reduced African access to agricultural markets and forced peasants into migrant labour. The initial response to this agricultural decline was to maintain cultivation and pastoral practices, despite declining output, and rely more heavily on migrant labour. However, massive population ~owth from the mid 1950s onwards stimulated a rapid change in cultivation practices. Rural households found it increasingly difficult to gain access to arable land in river valleys and growing poverty undermined their ability to cultivate fields. In response to these conditions the rural population abandoned their fields and expanded garden cultivation. Garden cultivation was a more intensive method of cultivation which made more efficient use of household resources, maintained long-term yields and had a less detrimental impact on the soil. This study attempts to make a contribution to southern African historiography and historical geography. Since the rise of radical human geography in the 1970s there has been a growing number of political economy studies focusing on capitalist expansion, racially discriminatory state policies and associated class conflicts in South Africa. However, most of these studies have focused on urban communities. The political economy of African rural areas has been sorely neglected by human geographers despite the enormous growth of such studies amongst historians and other social scientists. This study of agricultural change in Shixini location, Transkei adds to the small collection of geographical research on the political economy of African rural areas. It also adds to the large body of historical research by focusing on the recent past, a much less well documented period. The most important component of the study was an examination of the response of the rural community to socio-economic and environmental changes. This brought the often neglected role of human agency within the world political economy into the study. Environmental factors, often neglected by'historians and human geographers, were also brought into the analysis. The examination of such a broad range of factors was facilitated through the use of a wide variety of source material including historical, anthropological and socio-economic literature, official statistics, archival records, aerial photographs and a sample survey

M.A. (Deveopment Studies) / The imbalance of property ownership in South Africa dates back to the settlement of Jan van Riebeeck at the Cape. The Europeans did not originally plan an expanding colony, only a trade station for providing ships with vegetables, water and meat. Property ownership did not occur at the time, although a certain degree of property utilization did exist. The white colonists as well as the black native population needed property for a similar reason, namely for farming. Competition was therefore inevitable. Although a policy of partition regarding blacks and whites was encouraged, it was not based on constitutional law. since 1910 segregation however formed an integral part of the law of the Union of South Africa, and in 1913 and 1936 these important laws were romulgated. The passing of these laws resulted in 20% of the population (whites) presently owning 80% of land property in South Africa. Since 2 February 1990 phenomenal changes have taken place in South Africa. As a result of these changes, as well as several additional factors, it became clear that land tenure reform should take place in south Africa. One of the most important objectives regarding property ownership in the international context, constitutes the provision of property ownership rights in favour of those who did not possess any such rights in the past. Land tenure reform in Africa has always been politically inspired, as has become evident from reforms which have taken place after independence in most African countries. In South Africa it is not a question of whether land tenure reform will take place, but to what extent and by which modus operandi. This study aims at determining the nature of the view points of the African National Congress (ANC) and the National Party (NP) regarding land tenure reform. As a result of their positioning in the south African society, these two political groups will play an important role in determining the modus operandi' for land tenure reform. various differences of opinion as well as agreements on a policy of land tenure reform by these two political groups agreed upon were identified in this dissertation. Both groups agree that land tenure reform should take place, however, no agreement can be reached on the modus operandi. The ANC favours a policy of Government involvement in land tenure reform as well as a restriction on the quantity of property individuals are allowed to own. The National Party however, favours land tenure reform determined by market-related policies and unrestricted property ownership, which can be supplemented by letting properties. Land tenure reform should accommodate the needs of the largest possible section of the popUlation. The success of land tenure reform is determined by the degree to which the needs of the population are adhered to. At the same time, it has to be accepted that production will be of utmost importance for the allocation of agricultural property.

In 1994, South Africa’s political dispensation changed when the African National Congress (ANC) came into power. For most people, that meant that their aspirations and wishes would be fulfilled. The main objective of the new government was to redress past imbalances. The land question was one item on their agenda. In South Africa, land ownership has long been a source of conflict. The South African history of dispossession and forced removals and racially–skewed distribution of land resources has left Africans with a complex and difficult legacy (Christopher,1987).The issue of land had been an emotional issue affecting many people in South Africa. The struggle for land and access to land in South African history gave rise to many conflicts and loss of lives. The restitution of land rights in South Africa has been a highly contentious and emotive issue. The pain, anger and frustration of those affected by the implementation of racially based discriminatory measures of the past, cannot be denied. Confronting and redressing the anguish of the past has proven to be central to the process of reconciliation within a transformed political dispensation in South Africa (South African White Paper on Land, 1991a). The Constitution of South Africa and The Restitution of Land Rights Act (Act No. 22 of 1994) have firmly established the rights to claim restitution in accordance with the provision of justice and equity for all South Africans. During such a long process, it has been noticed in the suburb of Fairview, Port Elizabeth that some claimants ultimately received their land and compensation, some died before they received absolutely nothing and some old, poor and illiterate claimants are still struggling to claim their land or compensation. Fairview was formerly known as Baakens River Farm in 1810. It was situated far from the city centre and formed part of the Walmer Municipality. Initially, it was owned by John James Besny. In 1826 the farmer was bought by John Parkin and he later sold half 2 of it to Robert Newcombe before 1849. Robbert Newcombe named his half of the farm Fairview (Harradene, 2000). In 1933, Fairview became part of the Walmer Municipality. In 1967 Walmer became part of the Port Elizabeth Municipality. Fairview developed as a township of low density and became increasingly heterogeneous in nature. Davies (1971:10) claimed that the largest concentration of properties were owned and occupied by Coloured people, followed by Chinese, Blacks and Indians. The majority of the residents were Coloured. According to Sampson (1994), the plot sizes in Fairview were relatively large, either 0,8 ha or 0,2ha. Sampson also claimed that no business sites were distinguished, but businesses were established by the Chinese on residential plots. During the apartheid era, Fairview was one of the lands declared as a “Controlled Area”. The Group Areas Act also affected Fairview, even though the removal of the people in Fairview was not as pressing as it was to other suburbs due to its location at a relative distance from the city (Davies, 1970). As a result an increase in the Coloured population in Fairview was noticed between 1960 and 1970 as people faced eviction from central city areas such as South End. The people moved to Fairview with the hope that the area would be proclaimed a Coloured area. Unfortunately for those who ran to Fairview, people in Fairview were also removed from 1970s to other areas like New Brighton Location and other areas in Korsten. The last removal of people in Fairview took place in 1984 (Eastern Province Herald, 26 October 1996). After 1994, the introduction of the Restitution of Land Rights Act made provision for the establishment of a Commission on the Restitution of Land Rights and a Land Claims Court to adjudicate all claims lodged with the Commission as from 1 May 1998 (Land Info., 1996). Disputes with land owners over prices, validity of the claims and resistance to give away land, led to referral of some claims to the Land Claims Court. Although some research has been undertaken on Fairview, there is a vacuum of research into the problems faced by claimants in this area. The problems faced by claimants meant that some died while they were still busy with the process and some are still struggling to make a claim, and recently some were successful. 3 The focus of this study is to examine the process of the Fairview land claim, and as a recommendation, I wish to come up with suggestions for making the process easier for claimants.

A Pro-active Land Acquisition Strategy is an aspect of the land reform programme which is aimed at speeding up land acquisition. The distinct feature of this approach is that the State acquires land pro-actively and then identifies beneficiaries who then become leaseholders. In other land reform programmes the land is acquired by the state and transferred to the beneficiaries, who then own the land. The Pro-active Land Acquisition Strategy was approved ‘in principle’ in July 2003, and included Ministerial provisions that an implementation plan be developed prior to the implementation of the strategy in 2006. The Pro-active Land Acquisition Strategy deals with two possible approaches: a needs-based approach and a supply-led approach, but essentially focuses on the State as the lead driver in land redistribution, rather than the current beneficiary-driven redistribution (Pro-active Land Acquisition Strategy, 2006:4). The Department of Land Affairs Pro-active Land Acquisition Strategy implementation plan (2006:4) further outlines the important elements in order to contextualize the Proactive Implementation Framework, and to stress the revision of the plan in terms of the “new trajectory”. The strategy shifts from the principle that there is a need or demand for land. It is not driven by the demand of beneficiaries, but rather state-driven. This means that the State will target proactively land and compare this with the demand for land.

Section 12N, introduction into the Income Tax Act by way of Taxation Laws Amendment Act and which became effective on 2 November 2010, provides for allowances on the leasehold improvements on government-owned land and land leased from certain tax exempt entities as stipulated in section 10 (1) (cA) and (t). As section 12N deems the lessee to be the owner of the leasehold improvement, the lessee now qualifies for capital allowances which were previously disallowed.

This research study aims to investigate the South African Land Reform process from a conflict resolution perspective. According to Burton’s basic human needs theory deep-rooted social conflict will occur wherever social institutions neglect universal basic human needs. Excess to land and land tenure are considered basic human needs because they provide landowners with food, shelter and security. In absence of an extensive welfare state, land ownership fulfils the role of a social safety network, particularly in African countries. Consequently, an equal distribution of land is needed in order to enable the majority of South Africans to fulfil their basic human needs. The instrument chosen for correcting the inequalities in land distribution are the three components of the South African land reform programme namely tenure reform, restitution and redistribution. The South African Land Reform Programme was largely influenced by the World Bank’s ‘Willing-Seller Willing- Buyer’ or ‘Negotiated Land Reform Approach’. Nevertheless, the South African model differs from the original concept by the World Bank in some aspects. The outcome of the Land Reform Process is analysed and evaluated by the on-going evaluation approach. All sources used in this research are open to the public and published either on official websites or in hard cover version in reports and articles. The results of this investigation indicate that the target of redistributing 30% of white-owned agricultural land by the year 2014 is not going to be accomplished. Nevertheless, the settlement of claims can be considered a success story although most of the claims were settled by means of cash compensation instead of actual land transfer. Furthermore, a change in the land acquisition policy from a demand-led approach based on the negotiated land reform principle towards a more static, state-led, top-down approach has been identified as well as shortcomings in the post-settlement support of new landowners. To put it briefly, the land reform process in toto is about to fail and a chance of reducing the enormous conflict potential given away. Furthermore, the conflict potential will increase due to the failures in providing the poor and rural masses with access to land.

The purpose of the research was to assess the policy impact of the Land Redistribution and Development (LRAD) Programme, which substituted the Settlement and Land Acquisition Grant (SLAG) programme. Both these policies were meant to make land accessible to previously disadvantaged groups including Africans, Coloureds and Indians, as part of land reform policies of the post 1994 democratic government. Due to some failures of SLAG after its first five years of implementation, which were from 1995 to 1999, the land redistribution policy was revised and the LRAD programme came as an improved policy of SLAG. There has not been much research on the impact of this programme, which has been implemented since August 2001.

Thesis (M. Dev.) -- University of Limpopo, 2017. / Recent changes in South Africa have exerted a lot of pressure on the government to redress the past injustices on the land redistribution among its citizens. The community of Hoedspruit is not excluded from the above challenges, hence the study on the effect of management of land tenure in Hoedspruit. The management of land tenure in Hoedspruit was fraught with challenges such as lack of clarity on policies, managerial skills, resources, institutional support, inadequate training programmes, lack of financial support, alternative strategy, monitoring and evaluation. This study also seeks to investigate the factors that hinder the effective management of land tenure. Data was obtained by means of questionnaires and semi-structured interviews. These were used to have a deeper understanding of the challenges that were encountered by the new land owners in the area of the study. The main findings of the study confirmed that there were challenges associated with the management of land tenure. Lack of financial support and relevant training were regarded as the main problems that hinder the management of land tenure in Hoedspruit. In conclusion, the study also suggested some strategies and recommendations that can enhance the effective management of land tenure in Hoedspruit.

MA, Development Studies Research report University of the Witwatersrand Final submission 2 November 2016 / This study explores the land restitution experience of the Amangcolosi Community Trust, to understand what factors have allowed them to build a thriving land reform project in a terrain riddled with dysfunctional community property institutions and under-utilised land. The case of the neighbouring Gayede Trust, with a shared history, is used as a secondary case for comparison. The research considers what factors contribute to effective communal property management, as well as the role of government, the traditional authority, and commercial partners in contributing to or hindering success. It also explores what factors have allowed for alleged co-option of resources by elites, and the role of corruption and mismanagement by government in jeopardising the community’s success. Finally, it discusses the importance of accountability from both the top-down and bottom-up if land reform is to avoid ongoing repetitions of the tragedy of the commons. / GR2017