Until recently, there have been different and sometimes conflicting views on whether or not the communal land tenure system (CLTS) has a positive or negative impact on rural economic welfare. This study analyses some trends associated with the CLTS in the Ditsobotla area of the NorthWest province, focusing on the implications for rural economic welfare. The results of the study suggest that the CLTS is extremely important in order to sustain the rural economy, and therefore this dissertation presents developmental, policy and research options for consideration by government and other affected stakeholders for the betterment of the livelihood of people in the Ditsobotla area. The study adopts participatory research techniques in the selected villages of Springbokpan and Mooifontein. It also reflects on land tenure experiences in other African countries. The dissertation concludes with a suggestion that the South African government should engage in in-depth research programmes prior to the implementation of the envisaged communal land tenure reform legislation and that, the state should secure sufficient funding to boost agricultural activities in the area. Taking all these factors into account, a view is held that all developmental endeavours in the area must be informed by the collective participation of the affected local people, and their efforts must be united for the enhancement of their livelihood. / Development Studies / M.A. (Development Studies)

Until recently, there have been different and sometimes conflicting views on whether or not the communal land tenure system (CLTS) has a positive or negative impact on rural economic welfare. This study analyses some trends associated with the CLTS in the Ditsobotla area of the NorthWest province, focusing on the implications for rural economic welfare. The results of the study suggest that the CLTS is extremely important in order to sustain the rural economy, and therefore this dissertation presents developmental, policy and research options for consideration by government and other affected stakeholders for the betterment of the livelihood of people in the Ditsobotla area. The study adopts participatory research techniques in the selected villages of Springbokpan and Mooifontein. It also reflects on land tenure experiences in other African countries. The dissertation concludes with a suggestion that the South African government should engage in in-depth research programmes prior to the implementation of the envisaged communal land tenure reform legislation and that, the state should secure sufficient funding to boost agricultural activities in the area. Taking all these factors into account, a view is held that all developmental endeavours in the area must be informed by the collective participation of the affected local people, and their efforts must be united for the enhancement of their livelihood. / Development Studies / M.A. (Development Studies)

Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS) / This study explores institutional dynamics within an organic farming organisation, the Ezemvelo Farmers' Organisation (EFO), based in uMbumbulu in KwaZulu-Natal (KZN). The main objective of the study was to identify the institutional and governance factors that impact on the sustainability of the organic production programme of the EFO. A variety of research methods were employed, including a small sample survey of 50 households, in-depth interviews with key respondents, and a critical assessment of the existing literature on the EFO. The study established that many rural households in uMbumbulu maintain their livelihoods through a diverse array of activities that include social grants. Agriculture remains an important livelihood strategy for many households. It presents opportunities for income generation, access to food, job creation and increased asset accumulation. Communal land tenure systems do not constrain agricultural development, and kinship ties and social relations determine affordable and flexible land access for farming and residential use. The EFO initiave regenerated agricultural production in uMbumbulu. Many households have rights to cropping fields and these fields were revitalised and put under productive use as the organic farming initiative gained momentum. The EFO marketed its produce to Farmwise, a packhouse that distributes produce to various retailers. The agro-food industry is dominated by large business interests and maintained exploitative relations with the EFO. Organic production and marketing to such businesses imposed high transaction costs on members of the EFO as onerous quality standards were enforced throughout the value chain. Rural development interventions that are driven by external stakeholders such as academic institutions, government departments and other agencies tend not to provide sustainable solutions to help support the development of smallholder farmers. In the case of the EFO, such support saw abuses of power, elite capture, free-rider problems, conflict and weak management systems. The thesis argues that the agrarian transformation imperative means that policy frameworks must be re-examined, and adapted to the needs and local practices of smallholder farmers such as members of the EFO. Proper extension support that provides accurate market information, effective coordination of production and transport services, and relevant infrastructure, is also required. / National Research Foundation (NRF)

<p>The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or &lsquo / marginalised&rsquo / members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study.</p>

<p>The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or &lsquo / marginalised&rsquo / members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study.</p>

This study was aimed at analysing communal land use management practices and policies towards sustainability and climate resilience. The objectives of this study were to assess rainfall variability, climate change impact, adaptation practices and impediment factors for adaptation on the one hand and, on the other, analysing the pressure, scrutinising the sustainability of institutional practices, and assessing policy setting and its application status in managing communal lands. To conduct the study, a household survey, key informant interviews and group discussions were used. It employed both quantitative and qualitative methods. For analysis, rainfall variability trend analysis, different empirical formulas, Principal Component Analysis and analysis of variance were used. In addition, Qualitative Content Analysis technique and descriptive statistical tools were also used. The study found that there was spatiotemporal rainfall variability. About 18 extreme wet and 8 extreme dry events were depicted out of 194 frequencies of events. The most outstanding manifestations of climate change/variability impacts identified were: water scarcity, migration, severe erosion and feed scarcity. Applying biophysical measures on communal lands, practicing area enclosure and constraction of feeder road were moderately excersised adaptation and mitigation practices while, low level community awareness was the most outstanding barrier for community adaptation. Besides, feed source and fuel biomass energy did not satisfy community demand. Government recognition to support community user groups, the existence of community labour contribution and congruence between government legislation and community by-laws were found moderately strong. Besides, communal land administration and use of legislative setting and instruments to govern land administration were adequately in place to implement communal land use and management. However, workability of by-laws in applying them at the ground was a major weakness. In conclusion, the study revealed that there exist generally a weak communal land use management practices and policy implementation towards enhancing sustainability and climate resilience. Hence, the following recommendations were forwarded: enhancing community awareness, encouraging communities to establish their own private woodlots and grazing areas to reduce the pressure on communal land, applying proper communal land resource use and management plans and certifying communal lands with demarcation and maps should be given due emphasis to enhance sustainability. Moreover, policy and legislation evaluation and revision to improve its application at the ground is fundamental. On top of this, further research endeavour is still paramount important to scrutinize the integral effects of the biophysical, social, cultural and legislative dimensions for better sustainable and climate resilient communal land use management practices and policy implementation / College of Agriculture and Environmental Sciences / Ph. D. (Environmental Management)

Magister Artium - MA / The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or 'marginalised' members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study. / South Africa

Thesis (LLM (Private Law))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhere to this peremptory provision in the Act are explained. The thesis also analyses and discusses the functions of statutorily created institutions, like the land administration committee and the land rights boards, in the efficient management of land in rural areas. The aforementioned land administration committee is particularly problematic, since the Act provides that in cases where a recognised tribal authority exist, that institution “may” be considered as the land administration committee, subject to prescribed composition requirements as contained in the Act. The Traditional Leadership and Governance Framework Act will also be discussed since it intersects with the Communal Land Rights Act in this regard. The pending constitutional challenge which relates to this potentially problematic issue, will be discussed. The constitutional challenge of the Act by four communities’ is explored in order to indicate just how potentially problematic the institution of traditional leadership could be. vi This study also discusses and analyses the compromise contained in the Act, regarding the registration of the land title of a community and the registration of “new order rights” in the name of individuals. In this context the impact of this process on the efficacy on the current Deeds registration system is investigated. The Ministerial determination and its constitutional implications is yet another issue, examined in this study. All of these issues will have a negative impact on the implementation of the Communal Land Rights Act and especially on achieving tenure security. / AFRIKAANS OPSOMMING: In hierdie tesis word die Wet op Kommunale Grondregte 11 van 2004 geanaliseer om te bepaal of dit inderdaad voldoen aan die grondwetlike mandaat soos voorsien in art 25(5), (6) en (9) van die Grondwet. Die beleid van toepassing op grondbeheerhervorming word bespreek om te bepaal tot watter mate dit wel in die Wet aanwending vind. Die tydrowende prosedure van die registrasie van gemeenskapsreëls word ondersoek, asook die implikasies indien ‘n gemeenskap nie aan die voorskriftelike bepaling voldoen nie. Die tesis bespreek en evalueer ook die funksies van die twee instellings wat statutêr geskep is, naamlik grond administrasie komitees en grondregte rade. Die twee instellings is geskep met die doel om van hulp te wees in die effektiewe administrasie van grond in die kommunale areas. Dit is veral die grond administrasie komitee wat problematies is, omdat die Wet op Kommunale Grondregte bepaal dat waar ‘n gemeenskap ‘n erkende tradisionele owerheid het, hierdie owerheid beskou sal word as die grond administrasie komitee van daardie spesifieke gemeenskap. In hierdie konteks is ‘n bespreking van die Wet op Tradisionele Leierskap en Regeringsraamwerk, noodsaaklik. Die betwiste grondwetlike kwessie wat tot op hede nog onbeslis is wat hiermee verband hou, sal ook bespreek word. ‘n Kort uiteensetting word gedoen van die vier gemeenskappe wat die Wet op grondwetlik gronde aanveg om presies te probeer aantoon hoe problematies die instelling van tradisionele leierskap is. Hierdie studie bespreek en analiseer verder ook die kompromis wat getref is tussen registrasie van die titelakte in die naam van ‘n gemeenskap en die viii registrasie van sogenaamde “nuwe orde regte” in die naam van individue. Die impak van hierdie magdom registrasies op die bestaande registrasiesisteem word ook oorweeg. Die grondwetlikheid van die ministeriële besluitnemingsbevoegdheid word breedvoerig bespreek in hierdie studie. Al hierdie genoemde kwessies mag nadelige impak hê op die implementering van die Wet op Kommunale Grondregte en spesifiek ook op grondbeheerhervorming.

The issue of land recording and keeping in the Communal Area of Namibia has been a severe dilemma to the Government. Various types of land disputes are on increase and continue to be predominant despite various Acts, Policies and other related Legislations on the Land Administration and Management passed by Namibian Parliament. Since the establishment of the Oshana Communal Land Board, effort was made to keep conventional records of information pertaining to land parcels in communal areas of Oshana Region. However, spatial information about the land ownership records is still not available in a well-designed and organised system. The non-existence of Land Information Management (LIM) System using Land Information Systems (LIS) application as management tool contributed to this problem. However, Oshana Communal Land Board used manual based system with incomplete coverage and less comprehensive information. In most cases decision makers have to make critical decisions based on little or no information. Therefore, LIM System and data sharing are the major features of the OSHCLB and in order to facilitate these processes there is a need for the introduction of LIS application. Adequate land information is crucial to sustainable development and sound information systems are of vital importance to land management systems. This is also been expressed in the various reports including the Operational Manual for Communal Land Board in Namibia. The user needs and requirements were carefully considered during the data collection stage. The system was designed using proven methodologies, which were explained and reasons for the choice is discussed. However, the detailed LIS applications can be pursued by other researchers or consultants in the future to make the system complete. / Thesis (M.Env.Dev.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.

Southern Africa is experiencing land conflicts themselves in very different ways between state and stakeholders, within and between communities, within families, and specially within singular persons. The conflict of interests in the right to land in southern Africa with particular reference to Mozambique becoming a major issue and evidence conflicts at various levels of society and some of them are quite destructive. The present thesis seeks to address some juridical aspects on access, tenure and land use rights. Land problems have clear roots in the dispossession of Africans under colonialism and apartheid, and the powerful legacy this has left both in terms of outright suffering and also in the historical memory. Land issues are probably the most contentious topic in Mozambique since the independence in 1975. In Southern Africa and Mozambique in particular, one of the most profound causes of such struggles has related to the tenure, the ownership and control of land. In fact the right to land is the major issue in many societies and in Mozambique the unlimited interest in land are quite similar, due the fact that majority of people are peasant or agriculturists. Land is therefore a very strategic socio-economic asset, particularly in poor societies like Mozambique where wealth and survival are measured by control of and access to land. However, land is also a state symbol and source of political influence and power. The Law in Mozambique retains the principle that land is the property of the state and cannot be sold or mortgaged, but it attempts to adjust this legacy from the socialist past to the reality of a market economy. Despite existing land law the government still not enable to control the access and right of use of land. The situation is compounded by a weak or non functioning judiciary system. / Os problemas sobre o direito de acesso, posse, propriedade, uso e aproveitamento da Terra, constituem matéria de debate actual a nível internacional, com realce para a região da Africa Austral e Moçambique em especial. É uma matéria que preocupa os governos e a população em geral, por a terra ser um bem de grande utilidade sócio-económica e política. Moçambique possui um regime jurídico sobre terra (lei nº-19/97 de 1 de Outubro, seu Regulamento e Anexo Técnico), no entanto, ela é lacunosa e carece de reforma afim de se adaptar à realidade dos problemas que se levantam no âmbito da posse, uso e aproveitamento e dos conflitos emergentes. Alguns factores do surgimento de conflitos no âmbito do processo da posse, uso e aproveitamento da terra resultam no entanto, da perda de confiança dos particulares em relação aos órgãos do aparelho do Estado que lidam com matérias sobre terras, devido a burocracia e a corrupção praticada por alguns funcionários. A terra em Moçambique é propriedade do Estado, o que implica uma maior responsabilidade por parte do governo, na sua gestão. O actual regime jurídico sobre a terra, carece de concertação de alguns aspectos fundamentais do ponto de vista legal. Trata-se da harmonização da legislação pertinente sobre terras. As leis promulgadas sobre a matéria embora defendem a necessidade de gestão da terra que beneficie os seus utilizadores, tal vontade, entretanto, não têm produzido efeitos satisfatórios. É, pois, neste contexto, que a presente tese cujo título é Alguns Aspectos do Regime Jurídico da posse e do Direito de uso e aproveitamento da terra e os conflitos emergentes em Mçambique, pretende contribuir na contínua abordagem sobre a problemática da posse da terra e dos conflitos emergentes. Bem gerida, a terra pode constituir um importante factor de paz, estabilidade sócio-política e de desenvolvimento económico. / Public Constitutional and International Law / Thesis (LL.D. )