With the advent of democracy in South Africa in 1994, the newly elected ANC government embarked on an ambitious program of land reform. The land reform programme in South Africa rests on 3 pillars: <ul> <li> Land redistribution</li> <li> Land restitution</li> <li> Land tenure reform</li> </ul> Land tenure reform is at the core of this case study and of the 3 pillars, has faced the most challenges during implementation. The renovation of public policy in general, and particularly in land policy, appears in numerous cases to be a priority on national agendas to relieve the numerous challenges rural Africans face: land conflicts, land insecurity, important demographic pressures and weight, high prevalence of poverty in rural areas, to identify just a few of these challenges. By analysing the development process of the Communal Land Rights Act of 2004 (CLaRA), this case study sought to understand the renovation of public land policy in South Africa. Review of literature on land tenure reform yielded a dichotomy of views with one side favouring freehold title for landless communities whilst on the other hand, there are proponents of a hybrid tenure system that recognizes the functioning aspects of traditional communal tenure. Those favouring freehold title pointed to the fact that this would increase investments on the land and access of the landowners to capital through formal financial markets. Those who would not be in a position to work the land would be able to sell it and invest the money elsewhere. Contrastingly, communal tenure was seen to have benefits for the wider community and for holders of secondary land rights such as women and children who could be excluded under freehold tenure arrangements. The notion that cash poor landless people could sell the land also raises political issues which might be politically detrimental to the government of the day. The research was primarily qualitative, interviewing a broad spectrum of stakeholders in the CLaRA development process. Stakeholders included government officials, traditional leadership, communities, legal advisors, land based NGOs, civil society, academia, research institutions, parliamentarians and politicians. The objective of this research was to determine the extent of participation by various stakeholders at the national level in policy development, with CLaRA as a case study. This was done through analyzing the various positions taken by different stakeholders and the extent to which these were included or the extent to which these influenced the content of the final Act. The outcome of the analysis indicates that to a greater extent, participatory processes seemed to have taken place during the development of the CLaRA, including numerous submissions by various groups to parliamentary portfolio committees, but the final content of the Act reflected predominantly the views of government and not other affected stakeholders. This led to the immediate challenge of the legislation in court by some communities and civil society leading to the eventual nullification of the legislation by the constitutional court. Copyright / Dissertation (MSc(Agric))--University of Pretoria, 2012. / Agricultural Economics, Extension and Rural Development / unrestricted

One of the major policy objectives of the South African government is to reform land tenure and address the current inequitable dispossession of land. A key to the successful implementation of land reform in communal areas will be the recently enacted Communal Land Rights Act. This Act allows communities to be vested with juristic personality, and enables those communities to acquire and hold rights, incur obligations, and encumber the land by mortgage in the name of the community. Communities will now have a legal tenure recognized by and enforceable at law. The Act provides the mechanism for replacing old order rights with new order rights, which, in turn, may be upgraded to freehold title with community consent. While the Communal Land Rights Act is clear in its approach to providing legal security of tenure, the implementation and linking of the internal land rights within these new legal collective ownership structures to the existing formal system is still uncertain. With the flexibility allowed under the Act, this dissertation offers a simple, cost-effective alternative for the registration of land rights using the envisioned Land Clerk of the Department of Land Affairs. This option involves placing suitably equipped Land Clerks into the communities in which they serve, operating as autonomous self-sustaining contractors. Research for this project was conducted in the community of Ekuthuleni (KwaZuluNatal), where two members of the community were equipped with a portable rig and trained to perform as Land Clerks. The author and others from the University trained them in the use of a computer, scanner, printer, handheld GPS receiver, and assorted software. In addition, to allow them to function autonomously, a photovoltaic power system was set up at their residence. To assess their ability as Land Clerks, several field projects were undertaken within the community. Under the guidance of the author, these field tests involved contacting individual landowners, capturing personal and property information, and registering that data into a specially written database programme. Evidence of previous land ownership was noted and rebristered, GPS coordinates were collected and registered in the process of delineating the landowner's property, and a form reflecting all captured data was printed for the landowner's records. / Thesis (M.Sc.Eng.)-University of KwaZulu-Natal, Durban, 2007.

<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>

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.