Dissertations / Theses on the topic 'Land tenure. Government policy, Zambia'

Communal land tenure reform in Zambia is the overarching subject of study in this thesis. It is an important issue across southern Africa, raising questions of governance, livelihood security and conservation. WIldlife is a 'fugitive' and 'mobile' resource that traverses the spatially fixed tenure of communal lands, national parks and public forest reserves. The management of wildlife therefore requires that spatially defined proprietorial rights accommodate wildlife's temporal forage use. Land may bebounded in tenure, but if bounded by fences its utility as wildlife habitat is undermined. If land is unfenced, but its landholder cannot use wildlife then it is more a liability than an asset. Africa's terrestrial wildlife has enormous biodiversity value but its mobility requires management collaboration throughout its range, and the resolution of conflicting ecological and economic management scales. The paper does not aim to describe and explain the internal communal system of tenure over land and natural resources but rather how the communal system interacts with the state and the private sector.

This study explores how land and natural resources in rural communities are accessed, used, and managed in livelihoods. In particular it examines first, crop field tenure, and livelihoods in natural resources. Second it explores factors that mediate access, use and control of land and natural resources within village communities. Empirical data are explored from two rural village communities of Kamena and St. Joseph located in the Northern and Copperbelt provinces of Zambia respectively. The study argues first that land and natural resource rights underpin land based livelihood activities of rural people, the most important of which are subsistence and cash crop farming, and the gathering and processing of common property resources. Second the thesis argues that land tenure reform impacts on the rural population as a whole and not just on cash crop farmers, and should thus situate the needs of farmers for secure tenure within the wider context of diverse rural household livelihood strategies. The study concludes that social differences (along the axes of wealth, gender and descent), traditional institutions (uxorilocal or virilocal marriage, polygamy, inheritance and succession) and government policy are central in determining access, use and control of land and natural resources in rural livelihoods. It is submitted that, rather than being replaced, customary land tenure, and traditional land administration structures in rural Zambia should be adapted to current social and economic realities in which individuals and households create their multiple livelihoods. Further, it is concluded that land tenure reform is not a sufficient condition for rural livelihood sustainability. Thus complementary agrarian measures to address the vulnerability context of rural households are recommended.

This is a study of the politics of public policy. It provides analysis of land policy and a study of policy making and of the Tanzanian state. Rather than deducing the state's agenda from its actions and the policies it produces, this thesis seeks to examine the interactions between the significant factions and personae of the Tanzanian political and administrative elites. This approach goes beyond identifying the divisions within the state between the Party leadership, the technocrats within the Government, and the Presidency. The thesis demonstrates how the ways in which conflicts are resolved, or deferred, and compromises are reached can lead to outcomes which do not necessarily constitute the sum of identifiable interests. In particular, a 'hidden level of government' is uncovered which consists of a technocratic elite which has, to a large extent, managed to depoliticise otherwise sensitive and controversial policy decisions and thus impose their stamp on policy outcomes. This approach to the analysis of rural land policies reveals the continuities in the state's approach to land issues. Since the colonial period, the objective of Tanzania's land policies has been to transform the countryside from the presumed inefficiencies of the 'traditional' modes of land use to fit the needs of a 'modern' and monetised economy. The modernising policies have provided the rationale for an authoritarian approach to land tenure and have been implemented by a centralised land administration. This thesis' historical analysis of the policies associated with the period of ujamaa and villagisation, and of the case studies of the 1983 Agricultural Policy and the 1995 National Land Policy, show that a modernising discourse and centralising administrative practices have remained at the centre of the policy agenda, despite dramatic changes in economic strategies and political institutions, and controversies over the future direction of land policies. The resulting land tenure regime relies on discretionary decision making by politicians and land officials and fails to provide workable procedures of checks and controls against malpractice. This study's detailed examination of the formulation of the National Land Policy reveals how a small elite of senior civil servants were able to hijack the policy making process and side-step political pressure for reform. They ignored, or appropriated selectively, the evidence and recommendations produced by comprehensive policy reviews, including the 1992 Presidential Commission of Inquiry, to maintain their direction of land policy while failing to address the evident shortcomings of the existing land policy regime.

How the state controls village cadres greatly shapes state-peasant relations. This study attempts to examine the relative and varying strengths of state power, village democracy, and social forces in structuring behavior patterns of village cadres in contemporary China. Particularly, three dimensions of state penetration into the countryside, Party organization, the bureaucratic system, and policy campaigns, are highlighted. It is widely accepted that village cadres are structured by top-down Party and bureaucratic control, bottom-up village elections, and informal accountability embedded in rural solidary groups. However, the conditions under which one particular mechanism plays a dominant role need to be further examined. It is also well known that local states seek to control village cadres by routine mechanisms such as Party organizations and the bureaucratic system. However, non-routine policy campaigns are not fully studied. By examining village cadre behavior in land transfers in agricultural rural areas and land expropriation in industrializing rural areas in Shandong province, this research has several findings. First, state penetration is the most powerful explanatory mechanism among others, and village democracy and societal groupings are undermined by state intervention and market forces. Second, local states in agricultural rural areas seem more developmental in land transfers while their counterparts in industrializing rural areas have more predatory elements in land expropriation. Third, village-level controlled comparisons indicate that varying strengthens of state penetration, depending on the implementation of Party organization, the bureaucratic system, and policy campaigns, greatly shape the degree of involvement in land tenure by village cadres. This study has implications for theories in comparative politics. First, the relative explanatory strength of state power, democracy, and social forces needs to be examined in specific contexts: varying issues, regions, sectors, timing and so forth. Second, the state has to be unpacked and differentiated. Third, policy campaigns characterized by ideological control and mass mobilization are powerful policy instruments and a useful remedy for rigid bureaucracy. It indicates that China’s distinctive state penetration can provide a new perspective in conceptualizing the state and studying state infrastructural power.
published_or_final_version
Politics and Public Administration
Doctoral
Doctor of Philosophy

Thesis (MPhil)--University of Stellenbosch, 2004.
ENGLISH ABSTRACT: South Africa's history led to an unequal distribution in land ownership, which is not conducive to democratic consolidation. Land refortn is the means to address this problem. However, land reform, part of the larger process of transformation, is a potentially dangerous process: it can have negative implications on the rule of law. The objective of this study is to provide an analysis of the dynamic relationship between land reform, the rule of law and transformation in South Africa, within the debate on democratic consolidation. One can distinguish two paradigms regarding democracy: the liberal paradigm and the liberationist paradigm. These two paradigms have divergent views on the way land reform and transformation should be implemented, and what the goal of these two processes is. The liberal paradigm would seem to be more favourable for democratic consolidation, while the liberationist paradigm is a breeding ground for populist transformation. Furthermore, the negotiated constitutional settlement has left land reform with an ambiguity. On the one hand the constitution forces the govemment to address land reform, but on the other hand it firmly entrenches the private property rights by enforcing the 'willing buyer, willing seller' principle, which makes the process more costly and time consuming. The main hypothesis of this study is: Demographic indicators (race, party affiliation and provincial setting) influence support or rejection of the land reform policies of the South African govemment. Tbe dependent variable is 'support or rejection of the government's land reform policies'. Support for the govemment's land reform policies is indicative of the liberal paradigm and rejection of the govemment's policies is indicative of the liberationist paradigm. It is found that the majority of South Africans reject the govemment's land reform policies. However, strong divisions are evident. Respondents differ along racial, party affiliation and provincial lines. Thus, the liberationist paradigm dominates, but the liberal paradigm has a strong presence, creating an ideologically divided society. This means that the legitimacy of South Africa's land reform project, as well as the legitimacy of the constitution, is under stress. This does not bode well for democratic consolidation, as the rule of law is under severe threat. Thus, one can conclude that land reform is not going to make a positive contribution to the consolidation of South Africa's democracy, if a substantial financial injection is not found to increase the efficiency of the process.
AFRIKAANSE OPSOMMING: Suid-Afrika se geskiedenis het aanleiding gegee tot 'n ongelyke verspreiding van grondeienaarskap. Dit is nie gunstig vir demokratiese konsolidasie nie. Grondhervorming IS die mamer waarmee die probleem aangespreek kan word. Grondhervorming, deel van die groter proses van transformasie, is egter 'n potensieel gevaarlike proses: dit kan negatiewe implikasies vir regsoewereiniteit hê. Die doel van hierdie tesis is om 'n analise van die dinamiese wisselwerking tussen grondhervorming, regsoewereiniteit en transformasie te verskaf, binne die debat oor demokratiese konsolidasie. Daar kan aangaande demokrasie tussen twee paradigmas onderskei word: die liberale paradigma en die bevrydings (liberationist) paradigma. Hierdie twee paradigmas het teenstrydige perspektiewe oor die manier waarop grondhervorming, sowel as transformasie, geïmplementeer behoort te word, sowel as wat die doel van hierdie twee prosesse is. Die liberale paradigma is meer geskik vir demokratiese konsolidasie, terwyl die bevrydings paradigma 'n teelaarde vir populistiese transformasie is. Verder het die onderhandelde grondwetlike skikking grondhervorming in 'n teenstrydigheid geplaas. Aan die een kant vereis die grondwet dat die regering grondhervorming moet aanspreek, maar aan die anderkant bied dit 'n ferm onderskraging van private eiedomsreg deur op die 'gewillige koper, gewillige verkoper' beginsel aan te dring. Dit maak die grondhervormings proses langer en duurder. Die hoof hipotese van die studie is: Demografiese indikatore (ras, partyaffiliasie en provinsie) beïnvloed ondersteuning of verwerpmg van die regering se grondhervormingsbeleid. Die afhanklike veranderlike IS 'ondersteuning of verwerping van die regering se grondhervormingsbeleid '. Ondersteuning van die regering se grondhervormingsbeleid dui op die liberale paradigma, en die verwerping daarvan dui op die bevrydings paradigma. Daar word bevind dat die meerderheid Suid-Afrikaners die regenng se Respondente verskil volgens ras, partyaffiliasie en provinsie. Dus, die bevrydings paradigma domineer, maar die liberale paradigma het ook 'n sterk teenwoordigheid. Dit sorg vir 'n ideologies verdeelde samelewing. Dit beteken dat die legitimiteit van Suid-Afrika se grondhervormings projek, sowel as die legitimiteit van die grondwet, in gedrang is. Dit is nie 'n goeie teken vir demokratiese konsolidasie nie, aangesien dit regsoewereiniteit in die gedrang bring. Daarom kan daar tot die gevolg gekom word dat grondhervorming nie 'n positiewe bydrae ten opsigte van die konsolidasie van Suid-Afrikaanse demokrasie sal maak nie, tensy daar 'n beduidende finansiële inspuiting gevind kan word.

This research appraises the impact of the Fast Track Land Reform Programme at three resettled communities in Kadoma District, Zimbabwe. In particular it assesses the livelihood practices of land recipients and their effects on the natural environment. Two of the communities, Lanteglos and CC Molina were resettled under the A1 villagised and self-contained settlement scheme and are found in the Natural Farming Region III. Pamene, the third community, was resettled under the A2 small-scale commercial settlement scheme and is found in the Natural Farming Region IIb. Multiple research methods including household surveys, interviews, observations, reviews of literature and map construction through the use of Geographic Information Systems, allowed for the collection of empirical, descriptive, and spatial data to provide for the appraisal. The land use practices included dry land crop production, livestock rearing, vegetable gardening and exploitation of the natural environment for a variety of purposes. Farming was mostly subsistence with the use of traditional equipment by all three communities. Tenure was perceived to be insecure by beneficiaries and although a variety of papers to show ownership were held, none provided for leasing or freehold tenure. Despite acquiring natural capital from the resettlement process, the findings of this research show low levels of financial, physical and social capital amongst beneficiaries. Moreover climatic variability, the declining macro-economic and unstable political environment and little support from government have adversely affected the livelihoods of beneficiaries. The implication of all this has been a reduction in livelihoods that are based solely on agricultural production, leading to off-farm practices primarily exploiting the natural environment. The long term effect would be increased degradation of the environment, leading to reduced arable and grazing land, and thereby hindering sustainable livelihoods from farming. Recommendations are proposed based on this research’s findings being typical in Zimbabwe. Central to this is the need for government to revise its present land policy and, provide for a comprehensive and holistic land policy that should be based on the vision of how agriculture should evolve in Zimbabwe

South Africa’s land redistribution policy (1994-2008) has been widely publicised, and has come under scrutiny of late from the public, private and government spheres, highlighting a need for research in this area. The research examines progress in South Africa’s land redistribution programme in two of KwaZulu-Natal’s district municipalities, Uthungulu and iLembe. Specifically the research investigates whether the government has paid above market prices when purchasing sugarcane farmland for redistribution in these districts. Moreover, it is illustrated how productivity on redistributed farms has been affected with the changes in ownership. To investigate the research questions, reviews of theories pertaining to property rights, land reform and market structures were conducted. Moreover, two cases studies were conducted in the districts of Uthungulu and iLembe, with assistance from the Department of Land Affairs, Inkezo Land Company and the South African Cane Growers Association. The case study data indicate that above ordinary market prices have been paid (2004-2006) by the government for sugarcane farmland in the districts concerned, and further that productivity has been negatively impacted ‘during’ and ‘post‘ transfer, in the majority of cases.

The research explored the causal relationship between the communal land tenure and the stagnant agricultural productivity in rural villages. It is assumed that there is covariance between the communal land tenure and the stagnant agricultural productivity. The communal land tenure deprived the villagers of the land ownership rights to mortgage their landholdings to secure agricultural credit from financial institutions, or to advance them as own contributions to obtain Government-provided grants under the ILRAD. Under such circumstances, the villagers could not raise the level of agricultural productivity. The Permit to Occupy (PTO) certificates, issued to the landholders, provided for usufruct rights only i.e. right to occupy and use an allotment. The related research was conducted at Nonkcampa village. The metatheory, “Positivism” and the quantitative paradigm were applied to collate and analyse the data. The research findings confirmed the correlation between the land tenure and the agricultural productivity, as the respondents claimed not to have had any access to agricultural inputs. Hence, the agricultural productivity on the arable land had stagnated.

The land reform that has unfolded in Zimbabwe since 1980 used different models and had diverse consequences. Since the implementation of the fast tract land reform programme in 2000, Zimbabwe experienced heavy reduction in yield and output at farm level that led to a 70% shortfall in production to meet annual food requirements (Richardson, 2005). The economic crisis in Zimbabwe has been characterized by worsening food insecurity especially in the rural areas where harvests continue to be poor. In the beef sector, Zimbabwe has failed to meet its export quota to the EU. The shortfall in production to meet annual food requirements shows a very grim situation but do not tell us about the performance of resettled farmers who now occupy much of the productive land. The broad objective of the study was to determine and compare the production efficiency of resettled farmers in Zimbabwe across land reform models. In addition, the study determined land use intensity. The study was conducted in the Mashonaland Central Province of Zimbabwe mainly because a wide variety of field crops were grown by resettled farmers. The respondents were stratified into three groups. These were: beneficiaries of land reform before 2000 (resettle scheme), fast track A1 model and fast track A2 model. The three models differ on how they were implemented and supported and this might result in different efficiencies of the models. A total of 245 copies structured questionnaire were administered on the resettled farmers from June to September 2010. Descriptive statistics was applied to the basic characteristics of the sampled households. The effect of model of land reform, gender of the household head, marital status, age of the household head, education, household size, religion, dependence ratio, whether the farmer was fulltime or part-time in farming, experience of the farmers in farming at that environment, total land size owned by the farmers and soil type on revenue per hectare and land use rate were determined using the GLM procedure of SAS (2003). Significance differences between least-square group means were compared using the PDIFF test of SAS (2003). The relationship between Revenue and land utilization was examined using the Pearson‟s correlations analysis. Dependance between response variables that had an effect on either revenue per hectare or land utilization with all the other response variables was tested using the Chi-square test for dependance. To find the effect of arable land used and herd size on revenue per hectare and land use the RSREG Procedure of SAS (2003) was used. Input oriented DEA model under the assumption of constant return to scale was used to estimate efficiency in this study. To identify factors that influence efficiency, a Tobit model censored at zero was selected. The mean land use rate varied significantly (p<0.05) with the land reform model with A2 having highest land use rate of 67%. The A1 and old resettlement households had land use rates of 53% and 46%, respectively. Sex, marital status, age of the household head, education and household size significantly affected land use (P<0.05). Revenue per hectare was not affected by any the factors that were inputted in the model. Results from the DEA approach showed that A2 farmers (large land owners) had an average technical efficiency score of 0.839, while the lowest ranking model (A1) had an average score of 0.618. Small land holders (A1 and the old resettled farmers) are on average less cost-efficient than large land owners, with a score of 0.29 for the former compared with 0.45 for the latter. From the factors that were entered in the Tobit model, age of household head, excellent production knowledge and farmer status affected technical efficiency whereas allocative efficiency was only affected by good production knowledge, farm size, arable land owned and area under cultivation. Factors which affected economic efficiency of the resettled farmers are secondary education, household size, farm size, cultivated area and arable land owned. None of the included socio-economic variables has significant effects on the allocative and economic efficiency of the resettled farmers. Thus, the allocative and economic inefficiencies of the farmers might be accounted for by other natural and environmental factors which were not captured in the model.

Thesis (MA)--Stellenbosch University, 2014.
ENGLISH ABSTRACT: Land reform is a vital political issue that has been fiercely debated in recent years, especially in South Africa. With the historical background of South Africa consisting of colonialism and political resistance that resulted in racial discrimination, apartheid was forced onto the black citizens by the white government. To correct the injustices of the apartheid regime, the new democratic government had to find a way to redistribute land that was previously owned by citizens previously disposed of their land. The South African government uses land reform to address the social, political and economic issues that this newly democratic country face; however, it has not been implemented very well to date. The aim of this study was to determine the perceptions on the progress and implementation of land reform in the Matzikama Municipality of South Africa. With different stakeholders’ perceptions to be taken into consideration, this study focused on three aspects: (1) the perceptions of commercial farmers in the Matzikama Municipality; (2) the progress of Equity Share Scheme (ESS) projects in the Matzikama Municipality; and (3) the perceptions of the key role players on land reform. The study focused on the commercial farmer members of the Vredendal famers’ association and members of the ESS projects in close proximity to Vredendal. The research objectives of this study were sixfold, namely (1) to examine the literature on land reform to establish an understanding of what land reform is about, what overall objectives it has, what types and approaches exist and how it has been implemented internationally; (2) to investigate policies, legislation and the land reform programme of South Africa and how it has been implemented nationally; (3) to identify the perceptions of the commercial farmers in the Matzikama municipal area on land reform; (4) to determine how successful or unsuccessful land reform projects have been in the Matzikama municipal area by investigating farms that have incorporated it; (5) to identify the perceptions that key role players have on land reform and to use these perceptions to assess the current state of the land reform programme in the study area; and (6) to identify the problems that the land reform programme is experiencing and to make recommendations on how to improve the current state of land reform. The necessary data was collected through a questionnaire survey among commercial farmers and conducting interviews with beneficiaries of ESS projects and key role-players. The data was then analysed by making use of Statistical Package for the Social Sciences (SPSS) and Microsoft Excel. The findings indicate that the commercial farmers have a very negative perception of land reform, the main reason being that they felt the government was targeting white commercial farmers, and some respondents indicated that they felt insecure about land security. As for ESS projects in the Matzikama Municipality, the projects have not being very successful, although the Alfalfa land reform project is still trying to uplift its shareholders. From the data collected from the interviews conducted with the key role players, five problems were identified relating to the current implementation of the land reform programme in the study area in general: (1) the incoherence of the current policy-making approach and the massive gaps between national and local stakeholders in the current decision-making approach; (2) the slow acquisition process for agricultural land due to cumbersome bureaucracy; (3) the lack of partnership and integration between government departments, the private sector and beneficiaries; (4) the lack of government support, which has contributed to the poor success rate of land reform projects; and (5) the beneficiaries’ inexperience and lack of skills concerning farming. To address the problems identified with the current implementation of the land reform programme in South Africa, it is recommended that the government reassesses the approach it has been using to try to redistribute agricultural land. This can be done by ensuring that officials dealing with land reform have the necessary skills and experience to implement the strategies. The government should also consider a grassroots approach when identifying land for redistribution by making use of local communities. Funding from the government is also crucial and should be allocated appropriately. Lastly, the government should invest in programmes that focus on educating emerging farmers on managing a commercial farm successfully.
AFRIKKANSE OPSOMMING: Grondhervorming is 'n belangrike politieke kwessie waaroor daar die afgelope paar jaar heftig gedebatteer word, veral in Suid-Afrika. Met die geskiedkundige agtergrond van Suid-Afrika, bestaande uit kolonialisme en politieke weerstand wat gelei het tot rasse diskriminasie, is apartheid deur die wit regering afgedwing op swart burgers. Om die ongeregtighede van apartheid reg te stel, moes die nuwe demokratiese regering 'n manier vind om grond te herverdeel aan die voorheen benadeelde burgers wat voor apartheid die grond besit het. Die Suid-Afrikaanse regering gebruik grondhervorming om die sosiale, politieke en ekonomiese kwessies wat hierdie nuwe demokratiese land in die gesig staar, aan te spreek, maar dit word nie so goed geïmplementeer as wat die voorheen benadeelde burgers verwag het nie. Die doel van hierdie studie was om die persepsies oor die vordering met en implementering van die grondhervormingsprogram in die Matzikama Munisipaliteit van Suid-Afrika te bepaal. Met verskillende belanghebbendes se persepsies wat in ag geneem moet word, het hierdie studie gefokus op drie standpunte: (1) die persepsies van kommersiële boere in die Matzikama Munisipaliteit; (2) die vordering van Gedeelde-eienaarskapskema (ESS – Equity Share Scheme) projekte in die Matzikama Munisipaliteit, en (3) die sleutel rolspelers se persepsie oor grondhervorming. Die studie het gefokus op die kommersiële boere wat lid was van die Vredendal Boerevereniging en lede van die AWS projekte in die nabyheid van Vredendal. Daar was ses doelwitte vir hierdie studie, naamlik (1) om die literatuur oor grondhervorming te ondersoek om 'n begrip te bekom van wat grondhervorming is, watter algemene doelstellings dit het, watter tipe grondhervormng en benaderings bestaan, en om vas te stel hoe grondhervorming op ’n internasionale vlak geïmplementeer word; (2) om ondersoek in te stel oor die beleide, wetgewing en grondhervormingsprogram van Suid-Afrika en hoe dit op die nasionale vlak geïmplementeer word; (3) om die persepsies van die kommersiële boere in die Matzikama Munisipale gebied oor grondhervorming te identifiseer; (4) om te bepaal hoe suksesvol of onsuksesvol grondhervormingsprojekte in die Matzikama Munisipale area is deur ondersoek in te stel op plase wat AWS projekte begin het, (5) die persepsies wat belangrike rolspelers oor grondhervorming het, te identifiseer en hierdie persepsies te gebruik om die huidige toestand van die grondhervormingsprogram in Suid-Afrika te bepaal, en (6) die probleme wat die grondhervormingsprogram ondervind te identifiseer en aanbevelings te maak oor hoe om die huidige stand van grondhervorming in Suid-Afrika te verbeter. Deur die verspreiding van vraelyste onder die kommersiële boere en deur onderhoude met begunstigdes van AWS projekte en sleutel rolspelers te voer, is die noodsaaklike data ingesamel, waarna dit ontleed is deur gebruik te maak van die Statistical Package for the Social Sciences (SPSS) en Microsoft Excel. Daar is bevind dat die kommersiële boere ’n baie negatiewe persepsie oor grondhervorming het. Die hoof rede hiervoor is dat hulle voel die regering teiken wit kommersiële boere en sommige respondente het aangedui dat hulle onseker voel oor grondsekuriteit. Die AWS-projekte was nog nie regtig suksesvol in die Matzikama Munisipaliteit nie, maar die Alfalfa grondhervormingsprojek bestaan nog en probeer om die aandeelhouers op te hef. Uit die data wat deur die onderhoude met die sleutel rolspelers versamel is, is vyf probleme met die huidige implementering van die grondhervormingsprogram van Suid-Afrika geïdentifiseer: (1) die onsamehangendheid van die huidige benadering tot beleidskepping en die massiewe gapings tussen die nasionale en plaaslike belanghebbendes wat die huidige besluitnemingsbenadering aanbetref, (2) die stadige verkrygingsproses van landbougrond weens omslagtige burokrasie; (3) die gebrek aan vennootskappe en integrasie tussen regeringsdepartemente, die private sektor en die begunstigdes van grondhervorming; (4) die gebrek aan ondersteun van die regering, wat bydra tot die swak slaagsyfer van grondhervormingsprojekte, en (5) die gebrek aan begunstigdes met ervaring en vaardighede met betrekking tot die landbou. Om die probleme met die huidige implementering van die grondhervormingsprogram in Suid-Afrika aan te spreek, word dit aanbeveel dat die regering die benadering wat hulle gebruik om doe herverdeling van landbougrond te finaliseer, herevalueer. Dit kan gedoen word deur te verseker dat amptenare wat met grondhervorming werk die noodsaaklike vaardighede en ondervinding het om die nodige strategieë te implementeer. Die regering moet ook oorweeg om met behulp van die plaaslike gemeentskap grond te indentifiseer wat beskikbaar is vir herverdeling. Befondsing van die regering is ook van kardinale belang en moet toepaslik toegeken word. Laastens moet die regering belê in programme wat fokus op die opvoeding van opkomende boere wat hulle kan in staat stel om ’n suksesvolle kommersiële boere te word.

Thesis (LLD)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public purpose and public interest requirement in light of recent court decisions, especially with regard to third party transfer of expropriated property for economic development purposes. The public purpose requirement is explained in terms of pre-constitutional case law to create a context in which to understand the public purpose and public interest in terms of the 1996 Constitution. This leads to a discussion of whether third party transfers for economic development purposes are generally for a public purpose or in the public interest. The legitimacy of the purpose of both the expropriation and the transfer of property to third parties in order to realise the purpose is considered. Conclusions from a discussion of foreign case law dealing with the same question are used to analyse the South African cases where third party transfers for economic development have been addressed. Based on the overview of foreign case law and the critical analysis of South African cases, the dissertation sets out guidelines that should be taken into account when this question comes up again in future. The dissertation also considers whether an expropriation can be set aside if alternative means, other than expropriating the property, are available that would also promote the purpose for which the property was expropriated. Recent decisions suggest that alternative and less invasive measures are irrelevant when the expropriation is clearly for a public purpose. However, the dissertation argues that less invasive means should be considered in cases where it is not immediately clear that the expropriation is for a valid public purpose or in the public interest, such as in the case of a third party transfer for economic development. The role of the public purpose post-expropriation is considered with reference to purposes that are not realised or are abandoned and subsequently changed. In this regard the dissertation considers whether the state is allowed to change the purpose for which the property was expropriated, and also under which circumstances the previous owner would be entitled to reclaim the expropriated property when the public purpose that justifies the expropriation falls away. It is contended that the purpose can be changed, but that the new purpose must also comply with the constitutional requirements.
AFRIKAANSE OPSOMMING: Artikel 25(2) van die Grondwet van 1996 vereis dat `n onteining slegs vir `n openbare doel of in die openbare belang mag plaasvind, en dat vergoeding betaalbaar is. In die proefskrif word die openbare doel en openbare belang geanaliseer in die lig van onlangse regspraak wat veral verband hou met die onteining van grond wat oorgedra word aan derde partye vir doeleindes van ekonomiese ontwikkeling. Die openbare doel vereiste word geanaliseer in die lig van respraak voor die aanvang van die grondwetlike bedeling om beide die openbare doel en openbare belang in terme van die Grondwet van 1996 te verstaan. Op grond van hierdie bespreking word die vraag ondersoek of die onteiening van grond vir ekonomiese ontwikkeling en die oordrag daarvan aan derde partye vir `n openbare doel of in die openbare belang is. Gevolgtrekkings uit `n oorsig van buitelandse respraak waarin dieselfde vraag reeds behandel is dien as maatstaf vir die Suid-Afrikaanse regspraak oor die vraag te evalueer. Op grond van die kritiese analise van die buitelandse regspraak word sekere aanbevelings gemaak wat in ag geneem behoort te word indien so `n vraag weer na vore kom. Die vraag of `n onteiening ter syde gestel kan word omdat daar `n alternatiewe, minder ingrypende manier is om die openbare doel te bereik word ook in die proefskrif aangespreek. In onlangse regspraak word aangedui dat die beskikbaarheid van ander, minder ingrypende maniere irrelevant is as die onteiening vir `n openbare doel of in die openbare belang geskied. Daar word hier aangevoer dat die beskikbaarheid van alternatiewe metodes in ag geneem behoort te word in gevalle waar dit onduidelik is of die onteining vir `n openbare doel of in die openbare belang geskied, soos in die geval van oordrag van grond aan derde partye vir ekonomiese ontwikkelingsdoeleindes. Ter aansluiting by die vraag of die onteining van grond vir oordrag aan derdes vir ekonomiese ontwikkeling geldig is, word die funksie van die openbare doel na onteiening ook ondersoek. Die vraag is of die staat geregtig is om die doel waarvoor die eiendom onteien is na afloop van die onteiening te verander. Die vraag in watter gevalle die vorige eienaar van die grond teruggawe van die grond kan eis word ook aangespreek. Daar word aangevoer dat die staat die doel waarvoor die eiendom benut word kan verander, maar dat die nuwe doel ook moet voldoen aan die grondwetlike vereistes.
South African Research Chair in Property Law, sponsored by the Department of Science and Technology, administered by the National Research Foundation and hosted by Stellenbosch University
Cuicci bursary fund
Faculty of Law Stellenbosch University

This study concerns the analysis of policy, and the statutory and regulatory impact of spatial planning on the land reform programme with emphasis on the land reform settlement plan (LSRP) of the Amathole District Municipality (ADM). There is a brief historical overview of the effect of the policy of spatial segregation in both rural and urban areas of the ADM. This study demonstrates, inter alia, the challenges faced by the ADM in both consolidating and physically integrating communities that were hitherto divided across racial lines. The critical question is whether the ADM has the ability to produce a Spatial Development Framework (SDF), which will be responsive to the needs of the region and serve as a catalyst in reversing the physical distortions caused by the land-planning legislation of the apartheid past. The greatest challenge lies in meeting the developmental aspirations of the Development Facilitation Act, 1995, the Local Government: Municipal Systems Act, 2000 and the National Spatial Development Perspective, 2003. Chapter 1 deals with the purpose, research problem and the method of research, as well as the definition of terms used in this research and literature review. Chapter 2 deals with the evolution of central themes of spatial planning and land reform, spatial development plans and integrated development plans (IDPs), the alignment of Amathole SDF and Eastern Cape Spatial Development Plan and the co-ordination of spatial frameworks. Chapter 3 deals with the composition of the ADM and the evolution of the LRSP, as well as land-tenure reform programmes impacting on the Amathole Municipality region. This chapter analyses the settlement plan against spatial planning legislation, the issue of institutional arrangements and mechanisms of consolidated local planning processes. Chapter 5 deals with the thorny issue of participation of traditional leaders in municipal planning and the government’s land-reform programme. Despite the existence of legislation in this regard, implementation seems to pose some difficulties. This chapter also deals with the co-operative governance framework. Chapter 6 is a concluding chapter dealing with the gaps discovered in the Amathole Municipality in the light of existing legislation. Reference to cases is made to demonstrate the challenges confronting the ADM. One notable aspect is the issue of urban-rural dichotomy and how the two worlds are positioned in their competition for the use of space. It is evident from this research that the post-1994 policy and legislative framework and implementation machinery lacks capacity to change the current form of the apartheid city-planning paradigm, something which impacts immensely on the sustainability of the current human-settlement development programmes. Population dynamics in terms of migration are hugely driven by search for employment opportunities and better services. The efficiency and ability of the municipal spatial evelopment frameworks in directing and dictating the identification of development nodes in its juristic boundary informed by the overarching national policy and legislative framework is key in building a better South Africa.

Orientador: Bastiaan Philip Reydon
Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Economia
Made available in DSpace on 2018-08-24T21:37:56Z (GMT). No. of bitstreams: 1 Cruz_RogerioPiresda_D.pdf: 4044167 bytes, checksum: 834ef449b03cb60934e069b1cf7c16ae (MD5) Previous issue date: 2014
Resumo: Esta investigação emergiu com o questionamento da tese de que, na região semiárida nordestina do Vale do Açu (RN), entre 1979/1983, o Estado - através da execução da Política Governamental Hídrica (PGH) -, teria constituído e dinamizado o Mercado de Terras Agrícolas (MTA). Com posicionamento distinto, o presente estudo supõe que o MTA constituiu-se por intermédio de um longo processo histórico de mercantilização da terra agrícola, que é anterior à execução daquela PGH. E, mais modernamente, a vigência desta intervenção governamental, num mercado constituído - de fato e de direito - teria provocado uma expansão naquele processo de mercantilização, manifesta, dentre outros fatores, no dinamismo - temporário - dos negócios com terras agrícolas. A fim de realizar esse tipo de discussão, propôs a elaboração de um estudo de caso junto a dois MTAs situados no semiárido nordestino - Assú (RN) e São Rafael (RN) -, por terem sido objeto daquela intervenção governamental hídrica; e, ainda, por terem características físicas e econômicas distintas. Neste último aspecto, dentre os parâmetros de comparação utilizados, cabe mencionar a incidência da desapropriação (comandada pelo Estado) e o desenvolvimento da modernização agrícola (impulsionada pelo mercado e contando com estímulos governamentais). Os dados coletados tanto são primários, quanto secundários. O período amplo de análise do estudo compreendeu os anos de 1971 (tendo em vista a disponibilidade de dados) a 1998 (data de reversão das expectativas positivas de implantação de fruticultura irrigada regional baseada na grande empresa agroexportadora). Dentre os resultados obtidos destacaram-se: a) a mercantilização da terra agrícola e/ou o processo de constituição do MTA ocorreu, seja mediante influência positiva do mercado de produtos agrícolas, seja através de um impulso legal - isto é, com a edição da Lei Estadual de Terras de 1895; b) mais recentemente, a PGH teve início com uma expressiva desapropriação fundiária, que implicou em aumento nos níveis de concentração da base fundiária, previamente existentes; após o término da principal obra hídrica prevista, a Barragem Armando Ribeiro Gonçalves (BARG), registrou-se um crescimento do dinamismo dos negócios no MTA, por um breve tempo, comandado principalmente por agropecuaristas regionais; isto sugeriu um predomínio do uso produtivo da terra (ativo de capital); porém, houve um percentual desse dinamismo comandado por investidores externos ao setor agrícola, num indicativo de que a terra também assumiu uso especulativo (ativo líquido); d) em face da decadência do tradicional complexo econômico nordestino e da pequena expressividade da fruticultura irrigada houve um aumento nos estoques ociosos de terra agrícola, sugerindo que a condição de ativo líquido tornou-se relativamente mais expressiva, do que sugerido anteriormente. Em face dos resultados obtidos concluiu-se que, tal como se supôs, o processo de mercantilização da terra agrícola se consagrou a partir da constituição legal do MTA regional ocorrida a partir do final do século XIX, e, que acompanhou os movimentos do mercado de produtos agrícolas. Modernamente, a PGH dinamizou temporariamente o MTA; de outro, agravou a Questão Fundiária Regional - através de aumento na concentração, ociosidade e especulação com terras agrícolas. Principal solução apontada: efetivação do Imposto Territorial Rural
Abstract: This investigation arose from the questioning in the doctoral dissertation concerning the semi-arid Northeast region of Brazil, the Vale do Açu (RN), between 1979/1983, in which the State, through the Governmental Hydric Policy (PGH), defined and invigorated the Agricultural Land Market (MTA). The present study, taking a specific stance, presupposes that the MTA constituted itself through the mediation of a long historical process of the commodification of agricultural land, which was prior to the carrying out of the PGH. In addition, more recently, the validity of this governmental intervention in the market, by fact and by law, would have provoked an expansion of the commodification process, manifested in the temporary dynamism of business with agricultural lands, among other factors. Aiming to carry out this type of discussion, the development of a case study with the two MTAs located in the semi-arid northeastern region ¿ Assú (RN) and São Rafael (RN) ¿ was proposed, since they were participants in the governmental hydric intervention, and for having distinct physical and economic characteristics. In this latter aspect, among the parameters of comparison used, it is important to highlight the incidence of expropriation of land (ordered by the State, and the development of agricultural modernization (driven by the market and relying on government stimulus). Both primary and secondary data were collected. The broadest period of analysis of this study, spans the years between 1971 (in light of the availability of data) to 1998 (reversion data of the positive expectation of the implementation of regional irrigated fruit crops based on large company agro-exportation models). Among the results obtained, highlighted are: a) the commodification of agricultural land and/or the process of developing the MTA, whether through positive influences from the agricultural product market, or legally driven ¿ with the edition of the State Land Laws of 1895; b) more recently, the PGH¿s initial expressive expropriation, which implicated in the increase of levels of concentration of the previously existing land base; c) after the completion of the main hydric project previewed, the Armando Ribeiro Gonçalves Dam (BARG), growth in the dynamism of business in the MTA was recorded for a brief period, driven mainly by the agricultural-cattle regions; this suggests the predominance of productive land use (active capital); however, there was a percentage of this dynamism driven by foreign investors to the agricultural sector, in an indication that the land was also being used for speculation (active liquid assets); d) facing the decline of the traditional northeastern economic complex, and the low expressivity of the irrigated fruit crop sector, there was an increase in the stocks of unused agricultural land, suggesting that the condition of active liquid assets became relatively more expressive than previously suggested. Considering the results obtained, it is concluded that, as was expected, the process of commodification of agricultural land was consecrated from the legal constitution of the regional MTA, which took place starting at the end of the 19th Century, and, that it followed trends in the agricultural product market. Modernly, the PGH temporarily invigorated the MTA; on the other hand, it disrupted the Regional Landholding Question ¿ through the increase in the concentration, disuse and speculation of agricultural land. The main solution indicated: implementation of the Rural Territory Tax
Doutorado
Desenvolvimento Economico, Espaço e Meio Ambiente
Doutor em Desenvolvimento Economico

Black fanners' contribution and percentage share of the marketed agricultural produce (especially maize and cotton) increased dramatically following Zimbabwe's independence, especially between 1982 and 1987. Almost unanimously, observers in government and diplomatic circles spoke of this increase as 'phenomenal', attributing it to being a direct result of the government's efforts to increase agricultural production, and calling it a 'success story' and 'agrarian miracle'. This 'miracle' description was adopted by the state controlled and independent media, international donor and 'development' agencies, alike. By 1992, the levels of production achieved in the mid-1980s would not be repeated and this was blamed primarily on drought and the Economic Structural Adjustment Programme (ESAP) adopted by government in 1990. The direct impact of ESAP was the further reduction of government capacity and resources available to support the resettlement sector. By 2000, Zimbabwe was embroiled in a rural upheaval that threatened, reversed and undennined all the gains of the 1980s. The miracle discourse disappeared and in its place agro-pessimism took centre space. The land question rose to the fore amid a heightened outcry of landlessness, Communal Area congestion, poor access to institutional support and declining livelihoods and food security, among other things. This renewed rural crisis raised questions about what had happened to the miracle, exposed the run-down economy, and deepened undemocratic tendencies and a polarised political, economic and social space. The thesis proposed here is that the Zimbabwean government failed to take advantage and expand on the potential for an increased role of the rural sector in the cash economy. What emerged from closer scrutiny of the so-called agrarian transfonnation package for African agriculture was a poorly designed, uncoordinated and under funded quick fix to rural development that hardly moved beyond the mere transfer of land. Notwithstanding the participation of rural communities in the war of national liberation and the high profile nature of the land question during the Second Chimurenga, the post-colonial state apparatus - dominated by an urban nationalist petit bourgeoisie on the one hand, and the weak lobby of the beneficiaries of land refonn on the other - placed African agriculture into the back-seat of policy and political economic priorities. Evidence from Mayo Resettlement Scheme, the primary case study in this thesis, suggests that the argued institutional support and structural changes (basis of the miracle) were at best minimal, under-funded, crisis-averse, ad hoc and poorly coordinated, lacking the support of a concrete policy base, making the miracle at most fragile and in the final analysis unsustainable.
Thesis (Ph.D.)-University of KwaZulu-Natal, Durban, 2009.

I examine whether policies that specifically target gender inequality improve the well-being of women and girls. In the first paper I study the impact of Ethiopia’s gendered land certification programs on household consumption patterns and infant and under-five mortality. After years of communism during which all land was nationalized, in 1998, Ethiopia embarked on a land tenure reform program. The reform began in Tigray region where land certificates were issued to household heads, who were largely male. In a second phase carried out during 2003-2005, three other regions, Amhara, Oromia, and SNNP, issued land certificates jointly to household heads and spouses, presenting variation in land tenure security by gender. I leverage this variation in land certification across regions and over time, to study whether inclusion of women yielded different effects. Using data from the Ethiopia Demographic and Household Surveys and longitudinal data from the Ethiopia Rural Household Survey I construct a treatment group of male-headed households in joint land certification regions and a comparison group of male-headed households in Tigray and study changes between the two groups after implementation of their respective land certification programs. I find that, compared to household-head land certification, joint certification was accompanied by increased household consumption of food, health care, women’s clothing, and girls’ clothing, and a decrease in girls’ infant and under-five mortality. These effects are largely restricted to households with illiterate mothers indicating that inclusion of women in land tenure reform empowered previously disempowered women who then used their improved position to allocate more household resources to their daughters. In the second paper, I examine the relationship between women's land ownership and participation in transactional sex, multiple sexual partnerships and unprotected sex, and HIV infection status. Using a sample of 5,511 women working in the agricultural sector from the 1998, 2003 and 2008–09 Kenya Demographic and Health Surveys, I find that women's land ownership is associated with fewer sexual partners in the past year and lower likelihood of engaging in transactional sex, indicators of reduced survival sex, but is not associated with unprotected sex with casual partners, indicating no difference in safer sex negotiation. Land ownership is also associated with reduced HIV infection among women most likely to engage in survival sex, i.e., women not under the household headship of a husband, but not among women living in husband-headed households, for whom increased negotiation for safer sex would be more relevant. The third paper examines the prevalence of son preference in families of East and South Asian origin living in the United States by investigating parental time investments in children using American Time Use Surveys. The results show that East and South Asian mothers spend more total time and more quality time with their young (aged 0-5 years) sons than with young daughters while fathers’ time with young children is gender neutral. I find gender specialization in time with children aged 6-17 with fathers spending more time with sons and mothers spending more time with daughters. These findings document health and social consequences of gender inequities within households. The findings also highlight that gender-sensitive policies have the potential to transform intrahousehold dynamics and help realize gender equality policy objectives.

Zimbabwe is made up of eight provinces, fifty-seven districts and as many Rural District Councils. In each district there is at least one Growth Point although some may have up to two or more. A Growth Point is a 'town or City in the making' and is usually, but not necessarily the capital of a district. Rural District Councils, which form the local administrative authority and have administrative responsibility over the land that falls within their jurisdictions, are often located at these Growth Points. These local authorities liaise and interact closely with central government, which is made up of Ministries and Departments with different functions, which somehow hinge on the administration of the land. This makes the linkages and land information flows, based on land records crucial. The legacy of the history of separate development introduced and left systems of government, which are complex and hinder a free flow of information within central government and also between central and local governments. These linkages and interrelationships are mapped and traced with a view to streamlining information flows in order to eliminate or minimize flaws . While the efforts of decentralisation towards this goal are recognized, the shortcomings have been cited and the thesis makes some recommendations based on a research undertaken with the cooperation of Gokwe Rural District Council at Gokwe Growth Point. The thesis recommends strengthening the local capacity by assisting their efforts to computerise their records and eventually develop that into a fully integrated local Land Information System that should eventually be linked to the National System.
Thesis (M.Sc.Sur.)-University of Natal, Durban, 2000.

Submitted in partial fulfilment of the requirements for Master of Arts in Industrial Sociology in the Graduate School for the Humanities, Social Sciences and Education in the faculty of Arts at the University of the Witwatersrand November 2016
The study pursues the examination of transition in peri-urban areas through the case study of Midvaal Local Municipality. Peri-urban areas are experiencing a transition from rural urban coexistence to urban dominance. The peri-urban urban concept remains a complex one to define. Peri-urban concept has been accepted to mean the urban and rural linkages that are mutually reinforcing. Literature has reflected on urban bias developments of peri-urban areas with rural function being subdued. There is evidence of competing tensions between rural and urban functions. These tensions arise from competing interests such as residential estate developments and industrialisation of peri-urban zones. The study explores the urban bias extended to peri-urban zones that has potential to underscore rural functions, such as farming. Theoretical constructs assist to contextualise the transition in the peri-urban areas. There is convergence in the body of literature over transition of the peri-urban areas albeit not homogeneous. Unique country and within country transition of peri-urban zones make it difficult to forecast growth trajectory of peri-urban zones. The study finds that peri-urban developments have taken an affluent development trend, redefining the peri-urban as zones of high consumption. It is established that ultra-rich people are attracted to Midvaal. Accordingly, there are exclusive upmarket estates, namely, Eye of Africa golfing estate and Blue Saddle Ranches equestrian estate. These affluent development trends fracture the conceptualisation of peri-urban areas as vulnerable, poor areas that are a consequence of urban sprawl. Some of the pro-urban developments in periurban areas results in irrecoverable loss of agricultural land. Often, urban bias functions influence the neighbouring farm portions through land use or even influence price of land in these zones. There is an appeal of middle and upper class to peri-urban zones owing to country nostalgia, cheap land, security, recreation, ambiance, tranquillity and anti-urbanism. Peri-urban areas are being redefined along class lines in the South African socio-economic context. Racial property ownership patterns have been replaced by class patterns. The study establishes that ownership patterns within the estates under study are above the middle class income bracket of South Africa, rather a preserve of the affluent. The study establishes that Midvaal Municipality consents to the development of estates. There is an underlying motivation for the local authorities to be amenable to the upmarket estate developments. The municipality is actuated by revenue linked to upmarket residential estate developments. Developments of these estates inject revenue growth in the area. Upfront, developers invest in the laying of bulk infrastructure which is later taken over by the municipality. This type of relationship, if not guarded may yield elite capture of peri-urban. Development trends in peri-urban areas are not homogeneous. Some peri-urban zones still reflect a state of neglect, vulnerability and are homes of the poor. Whilst the municipality boasts being premised on agriculture strategy in its objectives as an agri-tropolis local authority, there is little evidence to suggest vibrant agriculture and contribution of same towards the GDP of the municipality. Instead, the growth path is dominated by non-agricultural functions and activities. There are contradictions and tensions of agricultural pursuit over industrial and residential developments.
MT2017

In some parts of the African continent, colonialist left a long time ago but the legacy they left exist to this day. In one way or the other they ensured that their legacy lives on even beyond independence of the African people. This is the case also in Southern Africa and particularly in South Africa. The legacy of white settlers who came into the country in the early colonial days is still evident in the characteristics of the contemporary South African society. The racially skewed distribution of land started centuries ago and up until today, such disproportionate in land distribution has not been corrected. At the end of apartheid, the newly elected democratic government placed on top of its agenda the issue of addressing the land question. Land reform programme was drawn and deadlines for achieving certain goals were set. But since then, land reform has been slow and fallen short of its targets. Main contributors to the slow progress of land reform were the policies and mechanism with which the government seeks to implement the programme and achieve its objectives. There has been a plethora of laws enacted with the aim of improving the implementation of the land reform programme in South Africa, but progress has remained slow. Many questions and concerns have been raised as to whether land reform is necessary or not in a democratic South Africa. This thesis argues that land reform is indeed necessary if South Africa is interested in rectifying the injustices and the inequalities of past land distribution. The thesis also argues that a properly implemented land reform would not only bring justice but it will also help in the reduction of poverty which is rife in the South African society and particularly the rural poor. But both the latter and the former will be realizable if the society is aware and have a full understanding of the ever developing laws which guides land reform programme and the acquisition of land in general.
Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2013.

A research paper presented in partial fulfillment of the requirements for the Master of Arts (MA) Human Rights, Witwatersrand University, South Africa 16 February 2015
The research looks at the coordination of land policy with population growth and biodiversity loss as a means through which economic, social and cultural rights may be achieved. The argument is made that poor coordination of land policy with social and environmental systems may perpetuate the circumstances that drive poverty in Africa. This given the fact that land policy is a public policy that may challenge the legitimacy of economic, social and cultural rights when not properly coordinated with social and environmental systems. The research questions what considerations are taken into account when determining land policy that reflects the economic, social and cultural needs of the people within a respective State. Given clearly identified dependencies on land for development by the majority of the African population, the research aims to address how land policy may be reformed in order to take on a multilateral perspective regarding coordination, as opposed to the current unilateral perspective that stays within the realm of land administration and commoditization of land. The hypothesis of the paper assumes that current land policies in Africa challenge the legitimacy of economic, social and cultural rights since coordinated with the systems of population growth and biodiversity loss as representatives of social and environmental sectors that most influence poverty are non-existent. The research focuses on the Democratic Republic of Congo and the Kingdom of Lesotho as comparative regions where; regardless of the differing characteristics of both regions, population growth and biodiversity loss prove to be common factors that influence society’s experience of poverty. The paper makes use of structural functionalism and conflict theory as a framework for analysis. Finally, the paper makes suggestions for further study into multilateral land policy reform as a contributing factor to the achievement of human rights. Key Words: Biodiversity Loss, Child Mortality, Corruption, DRC, Economic Social and Cultural Rights, Environmental Services, Food Security, Health, Housing, ICESCR, Land Policy, Land Tenure, Lesotho, Population Growth, World Bank

This dissertation proposes and tests a theory that investigates the political process of modern property formation in land in postcolonial societies of the New World. Specifically, it examines how land tenure systems of private property -- that is, a statutory tenure in which individual property rights are specified, allocated, arbitrated by the state -- are designed and executed in contexts of limited state capacity and land abundance. It draws on extensive, under-tapped archival evidence from Imperial Brazil (1822-1889), the largest postcolonial state of the southern hemisphere. The data, collected over a year of rigorous and systematic archival research, include original ledgers of rural estates surveyed and recorded at the parish (i.e., sub-municipal) level; church inventories of slaves; economic and health-related data of slaves populations; agricultural and land prices; roll call votes and transcripts from parliamentary sessions; and biographical information on Brazil's most prominent elites. My dissertation argues that exogenous, disruptive events that abolish labor-repressive relations of production, such as slavery or the slave trade, open up an opportunity for central governments to bargain for the creation of systems of freehold tenure with local traditional elites. Many countries of the New World were unable to pursue liberal reforms that commodified land and dismantled land-related colonial privileges because of the lack of professional surveyors and cadastral technologies to survey, title, and register parcels accurately. Moreover, high land-to-man ratios turned land into a factor of production with little commercial value and did not offer clear incentives to local elites to demand secure and complete property rights. My dissertation argues that, when local elites' depend on forced or servile labor for production, abolition can make them prone to support a statutory yet highly stringent system of freehold tenure that legally blocks access to land to wage laborers. A system of freehold tenure in times of abolition can attain two goals. First, to close off alternatives to wage labor in the agricultural sector by assembling ownership statutes that exacerbate conditions of tenure insecurity. Second, as local elites controlling servile labor have higher stakes in the survival of labor dependence in agriculture, it can enhance quasi-voluntary compliance with new property rules that intend to avert squatting and keep rural labor inexpensive and abundant. By willingly demarcating boundaries, titling, and paying taxes, local elites cooperate with the new land statutes. In turn, central state officials can secure the logistical resources they need (i.e., fiscal revenue, documentary evidence of ownership, spatial coordinates of rural estates) to distinguish occupied from unoccupied tracts, police the hinterlands, carry out evictions, and formulate policies (e.g., employer subsidies) that would bias labor markets in favor of elite interests. I test these propositions by examining how a powerful class of plantation owners in Imperial Brazil supported the creation of, and quasi-voluntarily complied with, the Land Law of 1850 (the country's first modern property law in land) in response to the exogenous abolition of the Atlantic slave trade in 1831. I show that parliamentarians who were also planters favorably voted for the bill that introduced the Land Law in the Chamber of Deputies. Moreover, I show that, once the new law had been approved, local parishes that had a greater proportion of slaves were more likely to experience higher rates of regularization. Untaxed and unbounded plantations that long benefited from Portuguese medieval traditions ended up being regularized as self-demarcated, taxable private freeholds. My analysis of Imperial Brazil yields three main insights about how property formation in the New World was carried out. First, and in contrast to the European experience, the advent of private property in land in polities of Australasia or Latin America was not a top-down phenomenon but the result of an arduous political negotiation and patterns of societal co-production between rulers and traditional landlords from the colonial era. Second, land abundance, not scarcity, threatened landlords' material wealth: by promising independent, small-scale cultivation to free rural workers, it threatened landlords with labor shortages. Finally, and even though individual and absolute proprietorship was made the hegemonic form of tenure, national policymakers enacted provisions that neglected property rights to marginalized populations such as freed slaves, immigrants, convicts, or peons. Therefore, the recognition of individual property rights in these societies was highly selective and did not follow the liberal, egalitarian principle of equality before the law.

Land is a finite resource for sustainable livelihoods of the general population and the foundation of South Africa’s diverse culture. However, throughout our South African history, the land question has been a contentious, sensitive and emotive issue ever since the inception of the colonial era, thus the democratic dispensation views the Land Reform Programme as a panacea to the historical inequalities with regard to land ownership, distribution and forced removals, as well as viewing it as a tool to achieve socio-economic and political stability. Since globally, land reform arose mainly because of inequalities of resources or to control resources,the overall view in South Africa is that land ownership can be optimally utilised for redistribution, reform, effective administration and for developmental purposes; and, as a result, change in land ownership, use and control has become imperative. This study seeks to evaluate the democratic government’s intervention and the efficacy of the urban tenure reform programme in dealing with unequal and racial ownership of urban land in the old(pre 1994) former Black urban settlements such SOWETO, by investigating legislation and policy related to land ownership, and the current tenure and ownership system and status in both Zola and Orlando.Document analysis is a form of qualitative research used by the researcher to provide voice and meaning around an assessed researched topic, and findings further reveal the challenges faced in the implementation or execution phaseof the urban tenure remedial programme, and the current status and the remedial programme benefits, while recommendations are made in terms of systems and processes in order to accelerate service delivery, and with the emphasis of the importance of capacity building for stakeholders, including the benefiting community. misperception that the Land Reform Programme only relates to the “rural” areas and “the transfer of agricultural land from dissertation investigates the evolution of land tenure or ownership rights in the former black urban human settlements, looking at the discriminatory laws and policies of the past, consequent political resistance and other milestones as well as the democratic government’s interventions in this regard whites to ...
Public Administration
M. P. A.

This thesis explores questions of gender equality in social welfare theory; methodologies; approaches and policymaking in the Global South in the context of land reforms. This stems from the realisation that gender equality issues in social welfare are increasingly receiving greater attention in the context of the Global North and less in the South. By adopting a Transformative Social Policy framework, the research departs from hegemonic livelihoods, poverty reduction and the ‘classical models’ of land reforms often designed from the mould of the neoliberal discourse of individual tenure to focus on land reform as a relational question. Empirical data was gathered using a sequential explanatory mixed-methods approach involving survey questionnaires; in-depths interviews; focus group discussions; key informant interviews and field observations. A total of 105 randomly selected households, comprising 56 male-headed households (MHHs) and 49 female-headed households (FHHs) participated in the quantitative component of the study, comprising a control group of nonland reform beneficiaries. Additionally, 30 purposively selected in-depths interviews comprising 20 FHHs and 10 MHHs were conducted in resettlement study sites. Findings from this this study indicates that despite the country’s depressed economic environment and the effects of climate change, transfer of land enhanced the productive capacities of individuals and rural households, including those headed by females. At micro-level, in-kind transfer of land to rural households proved to be a more superior social protection measure compared to either food or cash transfer. However, social relations and institutions proved resistant to change, posing a greater obstacle to social transformation. And more importantly, from a social reproductive perspective, the same land reform that enhanced the productive capacities of women, inadvertently, increased their social reproductive work with implications on the welfare of women relative to men. The thesis makes a contribution to social policy debates in Africa, which hitherto have been dominated by the introduction of cash transfers as witnessed in many countries across the continent. The transformative social policy approach brings novelty to the study of land reforms. By Conceptualising gender as a relational and social construct, the study adds knowledge on the nexus between gender, land reform and welfare using the Fast Track Land Reform Programme (FTLRP) as reference. With the FTLRP––as a leftist policy in a liberalised economy––there is a need for the government to re-align its social and economic policies to avoid inconsistencies in the country’s development path. On the gender front there is need to legislate resettlement areas as outside the jurisdiction of traditional structures; promulgate statutory instruments dealing with land and setting up designated land claims courts linked right up to the Constitutional Court. Specifically, for Chiredzi, there is a need to establish a corporate body to administer the affairs of Mkwasine following the pulling out of the Estate. Keywords: gender, land reforms, water reforms, transformative
Sociology
Ph. D. (Sociology)

Villagisation and large-scale agricultural investments in Gambella region has been a major concern of human right groups. The Ethiopian government argues that villagisation program is voluntary and part of Growth and Transformation Plan (GTP) which attempts to bring development to indigenous communities and nothing to do with large-scale agricultural investment. On the contrary, human right groups and local civil society organizations claim that the Ethiopian government is forcefully relocating indigenous people from their ancestral land under the disguise of development while the true motive of the government is to expand agricultural investment in the region at the expense of the livelihood of the local communities. This research is an attempt to investigate the controversial villagisation and large-scale agricultural investment in Gambella regional state by looking into the link between large-scale agricultural investment and villagisation. The main focus of the research is to examine the impacts of agricultural investment and villagisation in Gambella region the light of the Ethiopian government policy in the region and the alleged development induced human right violations. The research is based on a qualitative method to capture data from 32 villagisation sites using in-depth interviews, focus group discussions and field observations. For the purpose of this study, 241 participants were selected from the study sites to participate in the research. Out of the 241 participants 75 of them were participated in in-depth interviews and the rest were included in focus group discussions and informal discussions based on the participants’ knowledge, views, experience and feelings associated with villagisation and large-scale agricultural investment in the region. The findings of this study show no indication of involuntary villagisation, no significant relationship between villagisation and investment, or no evidence of previously occupied land being leased to investors. However, the study reveals that there has been serious lack of communication and misinformation from the government side in the process of planning and implementing the villagisation program. Owing to this, suspicion and lack of trust between government officials and the local communities characterized implementation of the villagisation project.
Geography