This thesis investigates the design of a model, methods and guidelines that may assist government agencies in South Africa to find a balance between the objective of biodiversity conservation and increased local economic development in cases of land restitution in protected areas. The data collection that was needed for this study took place from 2007 to 2009 and was limited to seven priority protected areas in Mpumalanga Province. The general model design was established via an extensive literature review and analysis of the legal background and formed the theoretical concept of this thesis. The general model design was used to devise the guidelines for co-management to be used by government agencies in South Africa for the possible implementation of the biodiversity conservation and local economic development mandates in cases of land restitution in protected areas, within their financial and institutional limitations. From the results, it is clear that a consolidated government position, agreed upon by all relevant government stakeholders, assists in keeping the land restitution process in protected areas within the legal framework. Through the analysis of the model design in the seven priority protected areas it was identified that additional information is needed to reach the preferred land claim settlement option per protected area such as the actual tourism record, a socio-economic assessment of the environment in which each protected area is embedded, and financial figures to make projections on current and future net profit calculations. Government should support all the land claim settlement options, as elaborated in the model design, which is not the case at the moment, and most alternative options, other than co-management, are currently still unclear and/or not feasible. This might have serious negative implications for the conservation agency, with the risk of compromising its mandate to manage areas of high biodiversity effectively. The methods that were developed to workshop the generic agreement frameworks with the land claimant representatives proved to assist in the land claimants making an informed choice within the legal framework and to tailor the land claim settlement option and agreements to their specific situation. / Development Studies / Ph. D. (Development Studies)

Thesis (LLM)--Stellenbosch University, 2012. / Includes bibliography / ENGLISH ABSTRACT: The South African land question presents complex legal and social challenges. The legal aspects of land are inextricably linked to other socio-economic aspects, such as access to housing, healthcare, water and social security. The Constitution provides for land reform in the property clause - section 25. This clause, while seeking to redress the colonial land dispossessions, by means of a tripartite land reform programme, also protects the property rights of all. The different legs of the land reform programme are redistribution, which is aimed at enabling citizens to access land on an equitable basis; restitution, which sets out to restore property rights or grant equitable redress to those dispossessed of land as a result of past racially discriminatory laws or practices and finally tenure reform. Tenure reform is premised on transforming the landholding system of those with legally insecure tenure as a result of past racially discriminatory laws or practices or granting comparable redress. The primary focus of this thesis is on tenure security for black rural women in South Africa, while using the Namibian experience with regard of the same group as a comparison. Historically, before colonialism, landholding was governed by the customary law of the various tribes in South Africa. This landholding system underwent extensive change through the colonial era that ultimately led to a fragmented and disproportionate distribution of land based on race, with insecure land rights particularly in rural areas, where women are the majority. With the dawn of the Constitutional era, South Africa embarked upon a social justice project, based on a supreme Constitution, embodying human dignity, equality, non-racialism, accountability and the rule of law. Land reform forms part of the social project and is governed by the Constitution and influenced by both the civil and customary law. With the South African tenure context, policy documents, legislation and case law will be analysed. In this process the role of the stakeholders and other related factors, for example customary practices are also considered. The analysis indicates that case law has played a significant part in addressing women’s plight with regard to equality, tenure reform and abolishing suppressive legislative provisions and practices. It is furthermore clear that the different categories of women are affected differently by the overarching tenure and other related measures. For a legal comparative study, Namibia was chosen for the following reasons: (a) both South Africa and Namibia have a shared colonial and apartheid background; (b) both countries have a Constitutional foundation incorporating human rights and equality; and (c) both countries have embarked on land reform programmes. However, contrary to the South African position, both the Namibian Constitution and its National Land Policy are more gender-specific. Tenure reform is an on-going process in Namibia in terms of which specific categories of women have benefitted lately. To that end the gender inclined approach may be of specific value for the South African situation, in general, but in particular concerning black rural women. Consequently, particular recommendations, linked to the specific categories of women, are finally provided for the South African position, in light of the Namibian experience. / AFRIKAANSE OPSOMMING: Die Suid-Afrikaanse grondkwessie beliggaam ingewikkelde regs- en sosiale uitdagings. Die regsaspekte wat verband hou met grond is ook onlosmaaklik gekoppel aan sosio-ekonomiese kwessies, soos byvoorbeeld toegang to behuising, gesondheidsdienste, water en sosiale sekuriteit. Die Grondwet maak vir grondhervorming in die eiendomsklousule, artikel 25, voorsiening. Die eiendomsklousule beoog om koloniale grondontnemings (deur ‘n drie-ledige oorhoofse grondhervormingsprogram) aan te spreek en terselfdertyd eiendomsregte te beskerm. Die oorhoofse grondhervormingsprogram bestaan uit herverdeling, waarmee billike toegang tot grond vir alle burgers bewerkstellig word; restitusie, waarvolgens herstel (of ander billike vergoeding) vir persone en gemeenskappe wat grond en regte as gevolg van rasdiskriminerende maatreëls verloor het, bewerkstellig word en laastens grondbeheerhervorming. Grondbeheerhervorming behels die aanpas of opgradeer van grondbeheervorme (of die betaal van billike vergoeding) in gevalle waar regte onseker (of swak) is weens rasdiskriminerende maatreëls en praktyke van die verlede. Die hooffokus van die tesis is op die regsekerheid (al dan nie) van grondbeheer van swart landelike vrouens in Suid- Afrika, met die Namibiese ervaring as regsvergelykende komponent. Histories, voordat kolonialisme ingetree het, was grondbeheer deur die tradisionele inheemse reg van die verskillende gemeenskappe in Suid-Afrika gereguleer. Hierdie grondbeheersisteme het grootskaalse verandering gedurende die koloniale tydperk ondergaan. Dit het eindelik tot ‘n rasgebaseerde, gefragmenteerde sisteem gelei waarvan die verdeling van grond disproporsioneel was en die grondbeheervorme regsonseker, veral in die landelike gebiede waar vrouens die meerderheid van die bevolking uitmaak. Toe die grondwetlike era in Suid-Afrika aanbreek, is daar met ‘n sosiale geregtigheidprojek (heropbou en ontwikkeling) begin. Hierdie benadering is op die Grondwet gefundeer waarin menswaardigheid, gelykheid, nie-rassigheid, rekenskap en regsorde beliggaam is. Grondhervorming vorm deel van die oorhoofse projek en word deur die Grondwet bestuur en deur beide die nasionale en die Inheems reg beïnvloed. Met betrekking tot die Suid-Afrikaanse grondbeheeristeem word beleidsdokumente, wetgewing en regspraak geanaliseer. In hierdie proses word die rol van belanghebbendes en ander verwante aspekte, soos byvoorbeeld Inheemse partyke, ook oorweeg. Die analise dui aan dat dit veral ontwikkelings in regspraak is wat ‘n groot bydrae gelewer het om vrouens se stryd om gelykheid en sekerheid van grondbeheer te bevorder en wat gelei het tot die afskaffing van onderdrukkende wetgewende maatreëls en praktyke. Dit is verder ook duidelik dat verskillende kategorieë van vrouens verskillend deur die oorhoofse grondbeheer- en ander verwante maatreëls, geaffekteer word. Namibië is vir die regsvergelykende analise geïdentifiseer omdat (a) beide Suid- Afrika en Namibië ‘n koloniale en apartheidsgeskiedenis deel; (b) beide jurisdiksies ‘n grondwetlike basis het waarin menseregte en gelykheid beliggaam word; en (c) beide lande grondhervormingsprogramme van stapel gestuur het. In teenstelling met die Suid-Afrikaanse benadering, is die Namibiese Grondwet en die nasionale grondbeleid egter meer geslag-spesifiek. Grondbeheerhervorming in Namibië is ‘n aaneenlopende proses waaruit veral sekere kategorieë vrouens onlangs voordeel getrek het. Om daardie rede mag die geslag-spesifke benadering wat in Namibië gevolg word vir Suid-Afrika ook van waarde wees, nie net in die algemeen by grondbeheer nie, maar spesifiek ook met betrekking tot swart landelike vroue. In die lig van die Namibiese ervaring word daar ten slotte spesifieke aanbevelings tot die Suid-Afrikaanse sisteem, gekoppel aan bepaalde kategorieë van vroue, gemaak.

Thesis (MPA.) --University of Limpopo, 2005 / Refer to the abstract

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.

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.

This report relates to research done in the Keiskammahoek district of the Ciskei (see Map No. l) during 1989 and early 1990, with the financial support of the Programme for Development Research (PRODDER) of the Human Sciences Research Council (HSRC) of South Africa. The project was designed and conducted against the background of previous research, and has served as a pilot project for a larger project, entitled "Socio- Economic Change and Development Planning in the Keiskammahoek District of the Ciskei". This larger project which is currently in progress, (and which has been funded by the Institute for Research Development of the HSRC, by the Chairman's Fund of Anglo-American and De Beers, and by Johannesburg Consolidated Investments Co Ltd), is intended to give rise to a process of consultation and planning, leading to various local-level development initiatives in the District. / Digitised by Rhodes University Library on behalf of the Institute of Social and Economic Research (ISER)