Author: Farai MteroPublisher:
ISBN: 9780620973809
Category : Agriculture and state
Languages : en
Pages : 33
Book Description
Equitable Access to Land for Social Justice in South Africa
Author: Farai MteroPublisher:
ISBN: 9780620973809
Category : Agriculture and state
Languages : en
Pages : 33
Book Description
Land Redistribution Law and Environmental Justice in South Africa
Author: James TsaboraPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
South Africa's transition to democracy was followed by an extensive programme of land reform whose major objectives were, inter alia, to eradicate injustices of racially based dispossessions; to promote a more equitable distribution of land ownership; to reduce poverty and to promote economic growth through land reform; to provide security of tenure for all and to establish a system of land management that will support sustainable land-use patterns and the rapid release of land for development. While all of these goals are important, one of the purposes of my thesis is to suggest that an effective programme of land reform, in general, and an effective programme of land redistribution, in particular, could also go a long way towards achieving another equally important goal, namely environmental justice. The achievement of this goal, it will be argued, is critical in light of a history of massive land dispossession during the colonial and apartheid eras. Such policies against black South Africans compelled them to bear a disproportionate share of the environmental hazards caused by undesirable land uses on account of their race, whilst simultaneously denying them equal access to natural resources, in general, and to land, in particular, for the same reasons. The fact that black South Africans were denied equal access to land on the basis of their race during the colonial and apartheid periods has had serious economic, environmental and social consequences for them. This is because the amount of land set aside for them during the colonial and apartheid periods was hopelessly inadequate. It simply could not support the enormous number of people forced to live in the homelands. Apart from being hopelessly inadequate, the areas set aside for black South Africans were also characterised by a lack of work opportunities. The lack of work opportunities meant that black South Africans were forced to rely on the land for their survival. The land did not, however, have the capacity to support so many people and large areas soon became environmentally degraded. The environmental degradation of the homelands led to widespread poverty. In order to survive, therefore, male family members were forced to relocate to the urban areas where job opportunities were available for unskilled labour. They were, however, not allowed to take their families with them and this lead to a breakdown in family structures. Apart from suggesting that a programme of land redistribution may go a long way towards achieving environmental justice, another, and possibly more important, purpose of this thesis is to argue that a land redistribution programme should be accompanied by a move away from the ownership orientated system of land rights that has traditionally applied in South Africa towards a more fragment use-rights orientated system of land rights. In other words, a new land rights law should promote limited use rights and the adoption of environmentally sustainable land use. By so doing, a fundamental land reform, it is argued, would go a long way towards promoting the land aspirations of contemporary South African society in an environmentally sustainable way. The two basic questions this work seeks to address, therefore, are, firstly whether a fundamental reform of the land rights law can possibly address environmental injustice in South Africa and secondly, whether the post-apartheid land rights law is sufficiently well equipped to guard against environmentally unsustainable land use that can recreate adverse and dangerous environmental burdens and hazards on land based livelihoods and rural communities.
Land Reform Law and Environmental Justice in South Africa
Author: James TsaboraPublisher: LAP Lambert Academic Publishing
ISBN: 9783659162589
Category : Environmental justice
Languages : en
Pages : 92
Book Description
South Africa s transition to democracy was followed by an extensive programme of land reform whose major objectives were, inter alia, to promote a more equitable distribution of land ownership; to reduce poverty and to promote economic growth through land reform; to provide security of tenure for all and to establish a system of land management that will support sustainable land-use patterns. While all of these goals are important, one of the purposes of my thesis is to suggest that an effective programme of land reform, in general, and an effective programme of land redistribution, in particular, could also go a long way towards achieving another equally important goal, namely environmental justice. The achievement of this goal, it will be argued, is critical in light of a history of massive land dispossession during the colonial and apartheid eras. Such policies against black South Africans compelled them to bear a disproportionate share of the environmental hazards caused by undesirable land uses on account of their race, whilst simultaneously denying them equal access to natural resources, in general, and to land, in particular, for the same reasons.
Dispossession and Access to Land in South Africa. An African Perspective
Author: Akomaye YanouPublisher: African Books Collective
ISBN: 9956715875
Category : Law
Languages : en
Pages : 143
Book Description
This book deals with the conceptualization of access to land by the dispossessed in South Africa as a human right. Yanou examines the country's property model in the context of the post apartheid constitutional mandate to redress the skewed land distribution of the past. The book reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. It also reviews the phenomenon of land invasion and quality of access to land enjoyed by the South African black woman under the present dispensation. Yanou argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. In a South Africa that lost most of its ancestral land during colonialism and apartheid, access to land for the dispossessed should not be equated with the protection of property acquired under apartheid. Getting it right would entail truth and reconciliation with the collective dispossession suffered by South African blacks.
Land, Memory, Reconstruction, and Justice
Author: Cherryl WalkerPublisher: Ohio University Press
ISBN: 0821443542
Category : Social Science
Languages : en
Pages : 350
Book Description
Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice. A valuable contribution to the field of land and agrarian studies, both in South Africa and internationally, it is undoubtedly the most comprehensive treatment to date of South Africa’s postapartheid land claims process and will be essential reading for scholars and students of land reform for years to come.
Land Matters
Author: Tembeka NgcukaitobiPublisher: Penguin Random House South Africa
ISBN: 1776095979
Category : Political Science
Languages : en
Pages : 328
Book Description
Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
The Politics of Land Distribution and Race Relations in Southern Africa
Author: Sam MoyoPublisher: Geneva : United Nations Research Institute for Social Development
ISBN:
Category : Africa, Southern
Languages : en
Pages : 52
Book Description
Focuses on case studies from Zimbabwe, South Africa and Namibia.
Better Land Access for the Rural Poor
Author: Lorenzo CotulaPublisher: IIED
ISBN: 1843696320
Category : Land reform
Languages : en
Pages : 53
Book Description
Land Reform Policy
Author: Ben ChigaraPublisher: Ashgate Publishing, Ltd.
ISBN:
Category : Business & Economics
Languages : en
Pages : 282
Book Description
It is argued in this volume that inequitable land distribution is the largest single issue threatening the Southern African Development Community (SADC) states' transition to democratic governance and its subsequent social, economic and political changes. The text examines problems with land rights and land claims in 21st-century SADC states. In particular, the legitimacy of counter-claims of title to real property, linked to conversion from oral governance before colonization to formal record governance after colonization, is analysed. The author examines the phenomenon of social change as an impetus for development of social conceptions of justice and, with it, substantive norms of law relating to ownership of real property. After outlining the issues, Land Reform Policy presents a theoretical model for interpreting the requirements of justice to be applied in the aftermath of fundamental change. The challenges facing the SADC states provide lessons for many other nations, whose governments have continuing social injustices rooted in counter-claims to land to contend with.
Can There be Growth with Equity
Author: Klaus W. DeiningerPublisher: World Bank Publications
ISBN:
Category : Desarrollo rural - Sudafrica
Languages : en
Pages : 32
Book Description
South African experience with efforts to implement land reform thus far indicates that to realize the potential and help solve the problems rural areas face, the government's land reform program needs to get beneficiaries, non-governmental organizations, and the private sector more involved. Land reform should empower the poor, improve productivity, and create sustainable rural livelihoods, not just redistribute hectares of land.