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.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nmmu/vital:28275 |
| Date | January 2017 |
| Creators | Georghiades, George |
| Publisher | Nelson Mandela Metropolitan University, Faculty of Arts |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis, Masters, MPhil |
| Format | vii, 177 leaves, pdf |
| Rights | Nelson Mandela Metropolitan University |
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