Journal articles: 'Post-apartheid land reform, South Africa'

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Charles Matseke. "Land Reform in South Africa." Thinker 88, no. 3 (September 6, 2021): 40–47. http://dx.doi.org/10.36615/thethinker.v88i3.601.

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For the past two to three decades, since the transition to democracy, policy orientation in South Africa has predominantly been centred on redressing the inequalities and legacies of the apartheid regime. This was broadly defined as social justice, with the land question often treated as a highly state-centric matter reserved for government, until Julius Malema became president of the African National Congress Youth League (ANCYL) and then leader of the Economic Freedom Fighters (EFF). This article explores some of the dominant narratives around the land question in post-apartheid South Africa and presents some recommendations on how the issue of land should be dealt with in the immediate future.

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Walker, Cherryl, and Prodipto Roy. "Land Reform and Gender in Post-Apartheid South Africa." Social Change 29, no. 3-4 (September 1999): 333–34. http://dx.doi.org/10.1177/004908579902900426.

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Gumede, Vusi. "Land reform in post-apartheid South Africa: Should South Africa follow Zimbabwe's footsteps?" International Journal of African Renaissance Studies - Multi-, Inter- and Transdisciplinarity 9, no. 1 (January 2, 2014): 50–68. http://dx.doi.org/10.1080/18186874.2014.916877.

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Leyshon, Donald John. "Land Reform, Restitution and Entitlement in Post-Apartheid South Africa." Journal of Southern African Studies 35, no. 3 (September 2009): 755–68. http://dx.doi.org/10.1080/03057070903101953.

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Lahiff, Edward. "Stalled Land Reform in South Africa." Current History 115, no. 781 (May 1, 2016): 181–87. http://dx.doi.org/10.1525/curh.2016.115.781.181.

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O'Sullivan, Siobhan. "Land and justice in South Africa." Boolean: Snapshots of Doctoral Research at University College Cork, no. 2010 (January 1, 2010): 135–39. http://dx.doi.org/10.33178/boolean.2010.31.

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When Nelson Mandela took office on 10th May 1994 as South Africa’s first democratic president, he pledged that out of “an extraordinary human disaster” would come “a society of which all humanity will be proud”. Since then, South Africa has been praised for overcoming racial division and hatred in a peaceful manner while developing economic growth. This positive picture of post-apartheid South Africa has been compromised in recent years by rising crime, xenophobic violence, unemployment, and service-delivery protests. My research looks at how the new democracy has redistributed land and why less than 1% of the population still own the majority of the land. To understand the slow pace of land reform, I have examined the policies of the ANC, the polarised public debates on land reform, and the constraints on economic transformation. In order to achieve justice and ultimately reconciliation, problems with redistribution must be addressed. This requires not ...

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Maake, Manala Shadrack. "LAND REFORM IN SOUTH AFRICA: OBSTINATE SPACIAL DISTORTIONS." Africanus: Journal of Development Studies 46, no. 1 (December 9, 2016): 20–31. http://dx.doi.org/10.25159/0304-615x/1234.

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This theoretical paper seeks to make an empirical contribution to the Land Reform discourses. The paper argues that the pace of land redistribution in South Africa is undeniably slow and limits livelihood choices of relatively most intended beneficiaries of land reform programme. The primacy and success of the programme within rural development ought to measured and assessed through ways in which the land reform programmes conforms to and improve the livelihoods, ambitions and goals of the intended beneficiaries without compromising agricultural production and the economy. In addition, paper highlights the slow pace of land reform programme and its implications on socio-economic transformation of South Africa. Subsequently, the paper concludes through demonstrating the need for a radical approach towards land reform without disrupting agricultural production and further to secure support and coordination of spheres of government. The democratic government in South Africa inherited a country which characterized by extreme racial imbalances epitomized through social relations of land and spatial distortions. Non-white South Africans are still feeling the effects of colonial and apartheid legal enactments which sought to segregate ownership of resources on the basis of race in particular. Thus, successive democratic governments have the specific mandate to re-design and improve land reform policies which are targeted to reverse colonially fueled spatial distortions. South Africaâ€™s overall Land Reform programme consists of three key elements and namely are; land redistribution, tenure reform and land restitution. Concomitantly, spatial proponents and researchers have denounced and embraced land reform ideology and its status quo in South Africa. The criticisms overlapped towards both beneficiaries and state due to factors like poor post-settlement support, lack of skills, lack of capital, infighting over land claims and land management.

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Mseba, Admire. "Book Review: Femke Brandt and Grasian Mkodzongi (Eds.), Land Reform Revisited: Democracy, State Making and Agrarian Transformation in Post-Apartheid South Africa." Insight on Africa 11, no. 1 (January 2019): 131–34. http://dx.doi.org/10.1177/0975087818805885.

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Femke Brandt and Grasian Mkodzongi (Eds.), Land Reform Revisited: Democracy, State Making and Agrarian Transformation in Post-Apartheid South Africa. Leiden: Brill, 2018, pp. Iii + 288, ₹49.90/USD 59.00, Paperback, ISBN 978-90-04-36210-9.

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Fortin, Elizabeth. "Struggles with activism: NGO engagements with land tenure reform in post-apartheid South Africa." Journal of Modern African Studies 48, no. 3 (August 18, 2010): 383–411. http://dx.doi.org/10.1017/s0022278x10000340.

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ABSTRACTIn 2004, a long-awaited piece of post-apartheid legislation, the Communal Land Rights Act – to reform the land tenure of those living in the former ‘homelands’ of South Africa – was passed into law unanimously by parliament. This unanimity, however, conceals the extent to which the process towards this moment was deeply contested. Exploring the efforts by land sector NGOs to secure legitimacy in their engagements with this process reveals the extent to which wider power relations and contestations have determined their positioning. Those within the non-governmental land sector who opposed the legislation pitted themselves against African National Congress politicians and high-profile traditional leaders. However, the adoption of a Mamdani-inspired discourse to contest such politics and oppose the proposed legislation contributed to reinscribing narrow readings of knowledge considered to be legitimate. Their engagements were also shaped by changes in the NGO sector. Reduced funding for land sector NGOs and an increasingly ambivalent relationship between them and government contributed to contestations between NGOs and among people working within them. Their strategic engagements in such wider and internal politics influenced both the frames within which such policy change could be debated and the ways in which individuals working for NGOs consequently positioned themselves in relation to their constituents.

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Kelly, Jill E. "Land Reform for a Landless Chief in South Africa: History and Land Restitution in KwaZulu-Natal." African Studies Review 64, no. 4 (November 23, 2021): 884–908. http://dx.doi.org/10.1017/asr.2021.76.

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AbstractLand claims and contests have been central to the construction of political authority across the African continent. South Africa’s post-apartheid land reform program aims to address historical dispossessions, but the program has experienced numerous obstacles and limits—in terms of pace, communal land access, productivity, and rural class divides. Drawing on archival and newspaper sources, Kelly traces how the descendant of a colonially-appointed, landless chief manipulated a claim into a landed chieftaincy and how both the chief and the competing claimants have deployed histories of landlessness and firstcomer accounts in a manner distinct to the KwaZulu-Natal region as part of the land restitution process.

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Żukowski, Arkadiusz. "Land Reform in the Republic of South Africa: Social Justice or Populism?" Werkwinkel 12, no. 1 (June 27, 2017): 71–84. http://dx.doi.org/10.1515/werk-2017-0005.

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Abstract In the paper land reform in South African political discourse will be investigated, especially the process of its politicization. How the topic of land reform is used by political forces, especially the ruling party; the African National Congress and current President Jacob Zuma. Does the Republic of South Africa take a populist turn on land reform or is it some kind of social justice after the suppression of the apartheid era and decades before? The political disputes and decisions will be analysed in confrontations with the fundamentals and values of a democratic state as a guarantee of property rights, private ownership and free market principles (dilemma of the problem of willing buyer - willing seller). It will be necessary to present the historical background of land problem in the RSA. The problem will be investigated in connection with the socio-economic situation of the RSA. The study will also tackle the problem of social and economic inequality from the perspective of politics. In the paper, a mix of primary and secondary research methods of data collection and analysing will be used. Theoretical framework will be based on assumptions of political discourse and the paradigm of “classic” land reform.

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Kariuki, Samuel. "Contested Terrain: The Politics of Land Reform Policy in Post-Apartheid South Africa and Post-Independent Kenya." Journal für Entwicklungspolitik 19, no. 1 (2003): 40–54. http://dx.doi.org/10.20446/jep-2414-3197-19-1-40.

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de Gruchy, John W. "South Africa Beyond Apartheid: En Route to the Promised Land." Pacifica: Australasian Theological Studies 5, no. 3 (October 1992): 247–62. http://dx.doi.org/10.1177/1030570x9200500301.

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This article offers reflections on the political, ecclesial, and theological contexts of reform in South Africa, with particular reference to the dismantling of apartheid, the justification of violent struggle, white and black racism, and the theology of the land. Complete reconciliation is seen to rest on a restructuring of a society that is just and non-racial. Between the Exodus and the Promised Land lies the Wilderness journey. The Wilderness entails a period of trial and struggle through which we have to journey before we can arrive in the land for which we all hope and pray. How we cope with the experience of the Wilderness will determine whether or not we arrive in the Promised Land: it will also determine the kind of nation we will become.

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Picard, Catherine H. "Post-apartheid perceptions of the Greater St Lucia Wetland Park, South Africa." Environmental Conservation 30, no. 2 (June 2003): 182–91. http://dx.doi.org/10.1017/s0376892903000171.

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In the wake of apartheid, South African protected areas have come under increasing pressure to reconcile a wealth of natural resources with the acute social and economic needs of the black rural majority. Demands for land reform, poverty alleviation and job creation have all had profound implications for the conservation and management of the nation's protected areas. An attitudinal study was conducted within three diverse South African communities, and among employees of the Kwa Zulu-Natal Nature Conservation Service (KZN Wildlife) to assess how the Greater St Lucia Wetland Park (GSWP) and the authorities charged with its management are perceived in the context of post-apartheid South Africa. Despite significant revisions to South Africa's conservation policies in the post-apartheid era, attitudinal research has continued to focus on rural black communities, leaving white residents, urban black populations and the conservation authorities themselves largely under-represented. As a result, the relationships between local communities, protected areas and conservation authorities remain largely unknown and outdated. Qualitative analysis of 90 semi-structured interviews indicated limited support (5%) for the abolition of the GSWP. The potential loss of the GSWP was associated with negative economic (88%) and environmental (66%) impacts by all respondents, regardless of race, gender, age or residency. Contrary to previous research conducted during the apartheid era, an overwhelming majority of Zulu respondents perceived a positive association between nature conservation, tourism and improved local economic welfare. Thus, local attitudes towards protected areas appeared to be improving. There remained however a discrepancy between support for the GSWP and the management authorities, particularly among respondents with limited contact with conservation staff. This is consistent with previous surveys where residents expressed support for the concept of conservation, but significant hostility towards local conservation authorities. The distinction is critical, as negative attitudes towards conservation authorities are often misinterpreted as a lack of support for conservation in general. Local residents (regardless of race or socioeconomic status) also expressed high expectations of KZN Wildlife to address issues of unemployment, poverty and tourism in the region. If these expectations are not met, support for the GSWP, as well as the conservation authorities, is likely to decline dramatically.

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Arko-Achemfuor, Akwasi. "Addressing the challenges of food security and youth unemployment in South Africa through land reform policies." Environmental Economics 7, no. 3 (October 21, 2016): 52–59. http://dx.doi.org/10.21511/ee.07(3).2016.06.

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South Africa’s past policy of apartheid has contributed to some of the socio-economic challenges the country faces today. Some of the challenges include grinding poverty levels, increasing inequality and unemployment among large sections of the population. The constitution of the country makes provision for property and land rights as strategies for addressing some of the past injustices, ensuring food insecurity and sustainable livelihoods. A number of polices have been drafted in this regard, but it is acknowledged that some of the policies that have been adopted by the government have not yielded the desired result leading to the fear that if the situation is not radically addressed may lead to unintended consequences. This paper assesses a number of polices, programs, approaches and strategies regarding land reform policies have that been put into place, most of which have not worked as expected including the fact that the youth have not been factored into most of these programs and policies. This article advocates for the youth to be factored into all land reform and food security policies and programs as a way of capacitating them and getting the youth to see agriculture as a career choice to ensure future food security for the nation, while at the same time addressing youth unemployment and rural poverty. Keywords: land reform, youth, food security, livelihoods, development, policy. JEL Classification: Q15, Q18, O2

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Marx, Lauren Camille. "THE PEOPLE OF RIEMVASMAAK AND THE SOCIOECONOMIC IMPACT OF LAND REDISTRIBUTION: HISTORICAL ANALYSIS 1995â€“2013." Oral History Journal of South Africa 2, no. 1 (September 22, 2016): 26–40. http://dx.doi.org/10.25159/2309-5792/1581.

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In terms of apartheid policies, the people of Riemvasmaak were forcefully removed in 1973/74 to Namibia and the Eastern Cape. Efforts to bring the people of Riemvasmaak back to their land gained momentum in 1993. Finally the decision to give the entire 74 000ha back to the people was taken in February 1994, and Riemvasmaak was registered as a Presidential Launch Project, one of the first land-restitution projects in post-apartheid South Africa. Most of the original residents returned to their land at the end of 1995 and in 2002 the people of Riemvasmaak received the title deeds to the plots on which they were living. While this is a noble project, the people of Riemvasmaak originally faced serious problems such as abject poverty, poor soil quality, no secondary schools, no tar roads, poor access between settlements, inadequate transport and limited access to water. However, in the last eighteen years, a great deal of impetus has been placed on agrarian transformation, rural development and land reform, which included improved economic and social infrastructure. This oral research study will therefore undertake to analyse the everyday lives of the people living in Riemvasmaak, the improvement in quality of life in the area as well as what regaining their land has meant for these people if seen against the backdrop of the history of forced removals in South Africa.

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Barry, Marcia. "Now Another Thing Must Happen: Richtersveld and the Dilemmas of Land Reform in Post-Apartheid South Africa." South African Journal on Human Rights 20, no. 3 (January 2004): 355–82. http://dx.doi.org/10.1080/19962126.2004.11864826.

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Kepe, Thembela. "Land and Justice in South Africa: Exploring the Ambiguous Role of the State in the Land Claims Process." African and Asian Studies 11, no. 4 (2012): 391–409. http://dx.doi.org/10.1163/15692108-12341243.

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Abstract In addition to challenges facing South Africa’s overall post-apartheid land reform, group rural land claims have particularly proven difficult to resolve. This paper explores the role that the state plays in shaping the outcomes of rural group land claims. It analyzes policy statements, including from policy documents, guidelines and speeches made by politicians during ceremonies to hand over land rights to rural claimants; seeking to understand the possible motives, factual correctness, as well as impact, of these statements on the trajectory of the settled land claims. The paper concludes that land reform as practiced in South Africa is functionally and discursively disembedded from socio-political histories of dispossession, because land has come to be treated more as a commodity, rather than as something that represents multiple meanings for different segments of society. Like many processes leading up to a resolution of a rural claim, subsequent statements by government concerning particular ‘successful’ land claims convey an assumption that local claimants have received just redress; that there was local consensus on what form of land claim redress people wanted, and that the state’s lead role in suggesting commercial farming or tourism as land use options for the new land rights holders is welcome. The paper shows that previous in-depth research on rural land claims proves that the state’s role in the success or failure of rural land claims is controversial at best.

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Levin, Richard, and Daniel Weiner. "The politics of land reform in South Africa after apartheid: Perspectives, problems, prospects." Journal of Peasant Studies 23, no. 2-3 (January 1996): 93–119. http://dx.doi.org/10.1080/03066159608438609.

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Erlank, Dr Wian. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 2 (April 24, 2017): 0. http://dx.doi.org/10.17159/1727-3781/2014/v17i2a2296.

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On Friday 27th July 2012 the conference on the "Green Paper on Land Reform: Challenges and Opportunities" was held at the Hakunamatata Estate in Muldersdrift. The conference was a joint project by the Konrad Adenauer Foundation (KAS) and the Faculty of Law, North-West University. While the main focus of the conference was on the specific issues raised by the Green Paper on Land Reform of 2011, it also addressed current and contemporary issues relating to the Land Reform issue as experienced in South Africa.Papers were delivered on various aspects of land reform relating to or arising from the Green Paper on Land Reform, 2011. The programme included a large number of excellent and thought provoking papers as well as a number of panel discussions that resulted in enthusiastic audience participation. Of these, the following papers and presentations were collected, evaluated and published in this special edition of PER. The first contribution by Wian Erlank (North-West University) gives an overview and discusses the challenges the Green Paper on Land Reform bring to the fore. It sets the stage for the publication at large. This is followed by Juanita Pienaar (University of Stellenbosch) who deliberates on what she calles the “mechanics of intervention” and the Green Paper on Land Reform. Henk Kloppers and Gerrit Pienaar (North West University) gives a historical context of land reform in South Africa and early policies; and Henk Kloppers then considers Corporate Social Responsibility (CSR) in the context of land reform. He is followed by Hanri Mostert's (University of Cape Town) contribution on land as a 'National Asset' under the Constitution and what this system change envisaged by the 2011 Green Paper on Land Policy means for property under the Constitution. Elmien du Plessis (University of Johannesburg) article on the lack of direction on compensation for expropriation in the 2011 Green Paper on Land Reform. This special edition ends with Motsepe Matlala, the President of the National African Farmers Union gave an illuminating oratio on the opportunities and challenges of the 2011 Green Paper on Land Reform for the National African Farmers Union (NAFU SA).The timing of this edition is fortuitous, since a follow-up to this conference was held at Hakunamatata, Muldersdrift on 19 and 20 June 2014 with the specific focus on Land Reform and Food Security.More on the theme.The contributions contained in this special edition provide an extensive overview of land reform, especially in their introductory sections - before delving into the more technical aspects. However, a very brief note on the issue of Land Reform in South Africa might be beneficial for foreign readers. As in most other areas of the world, ownership of and access to land is an important issue in South Africa. This is especially topical in South Africa due to the fact that the racial segregation policies and laws of the past had the effect of removing people from their land, of restricting their access to land, and also in most instances of prohibiting their ownership of land. Ever since the abolition of "apartheid" and the introduction of the new, democratic dispensation, the initiative of "land reform" has been identified as requiring actively promotion in order to address these injustices of the past. Mandated by the Constitution and implemented through legislation, the South African Land Reform Programme has seen many developments over the past few years. While it is clear that much has been done to address these issues, it is also clear that current land reform strategies have not have the intended effect and would need to be adapted before this important programme is resumed. The Green Paper on Land Reform of 2011 is one of the instruments that has been used to create new interest and public engagement both in Land Reform, the development of better public policy and - eventually – of legislation. In the context of this brief description of the existing situation, this issue focusses on the most pressing aspects of land reform at the moment.

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Omar, Ayesha. "Sam C. Nolutshungu: Race, Reform, Resistance and the Black Consciousness Movement." Comparative Political Theory 1, no. 1 (June 16, 2021): 80–104. http://dx.doi.org/10.1163/26669773-01010006.

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Abstract This paper excavates and historically contextualizes the political theory of a largely neglected thinker within South African black intellectual history, Sam C. Nolutshungu. It seeks to rectify the current imbalance in South African intellectual history which largely neglects or effaces the contribution of black thinkers in the colonial or Apartheid period notwithstanding significant black contributions in theorizing racial submission, domination, reform and popular resistance in the context of state oppression. In this paper I argue that two such areas of inquiry are present in Nolutshungu’s overall position on political reform. The first is with regards to his intervention in the race- class debates which dominated political and intellectual discussions during the late Apartheid period. Here, Nolutshungu, argues that political domination could not be reformed with simple concessions as a result of its racially exclusionary nature. Thus Nolutshungu argued that race rather than class was the fundamental source of domination. The second is the theoretical evaluation of the social and political significance of the Black Consciousness Movement as an important symbol of resistance and racial solidarity. The link between these two aspects of his thought, I argue are not insignificant and should be carefully considered. Nolutshungu’s valuable analysis on the route to political reform is strengthened by his evaluation of the role of the Black Consciousness Movement, which for Nolutshungu was an instance of how resistance was mobilized along racial rather than class lines. Moreover, the Black Consciousness Movement not only prioritized the question of race as a primary factor in its mode of resistance but served to illustrate how and why meaningful change in South Africa was contingent on the abolition of racial oppression and the overturning of the institutions of Apartheid. Finally, I argue that there is a contextual urgency in undertaking projects that seek to establish the importance of black intellectual ideas and reclaiming these ideas in order to give content and meaning to contested contemporary debates on justice, legitimacy, liberty, equality and land rights in South Africa. While the discourse of the negotiated settlement and reconciliation sparks intense debate often resulting in greater forms of racial polarisation, historical rumination and reflection offers a powerful and enduring opportunity for collective inquiry.

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Denner, Michele, and Jacobus H. Raubenheimer. "Assessing a potential solution for spatially referencing of historical aerial photography in South Africa." Proceedings of the ICA 1 (May 16, 2018): 1–7. http://dx.doi.org/10.5194/ica-proc-1-26-2018.

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Historical aerial photography has become a valuable commodity in any country, as it provides a precise record of historical land management over time. In a developing country, such as South Africa, that has undergone enormous political and social change over the last years, such photography is invaluable as it provides a clear indication of past injustices and serves as an aid to addressing post-apartheid issues such as land reform and land redistribution. National mapping organisations throughout the world have vast repositories of such historical aerial photography. In order to effectively use these datasets in today’s digital environment requires that it be georeferenced to an accuracy that is suitable for the intended purpose. Using image-to-image georeferencing techniques, this research sought to determine the accuracies achievable for ortho-rectifying large volumes of historical aerial imagery, against the national standard for ortho-rectification in South Africa, using two different types of scanning equipment. The research conducted four tests using aerial photography from different time epochs over a period of sixty years, where the ortho-rectification matched each test to an already ortho-rectified mosaic of a developed area of mixed land use. The results of each test were assessed in terms of visual accuracy, spatial accuracy and conformance to the national standard for ortho-rectification in South Africa. The results showed a decrease in the overall accuracy of the image as the epoch range between the historical image and the reference image increased. Recommendations on the applications possible given the different epoch ranges and scanning equipment used are provided.

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Khan, Sultan. "Sustainable Local Economic Development (LED) and Rural Land Reform Challenges and Prospects in Post-Apartheid South Africa—A Policy Perspective." Journal of Economics 6, no. 1 (April 2015): 8–17. http://dx.doi.org/10.1080/09765239.2015.11885012.

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Borges, Antonádia. "Land as Home in South Africa: The Living and the Dead in Ritual Conversations." Agrarian South: Journal of Political Economy: A triannual Journal of Agrarian South Network and CARES 9, no. 3 (December 2020): 275–300. http://dx.doi.org/10.1177/2277976020965796.

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Apartheid segregated not only the living, but also the dead. Taking a wedding ritual as its departure point, the article explores the conversations between the living and the dead taking place in a redistributed farm in KwaZulu-Natal, South Africa. Conviviality between the living and the dead challenges the idea of pecuniary compensation as an adequate land reform policy insofar its beneficiary population expands to the infinite, including those now alive, the living who have already died, and those yet to be born. If these ritual conversations suggest that the past and future are experiential moments beyond what is lived today, it would appear our duty to devise alternatives to the linear, flat, and cumulative narratives that currently dominate our academic work and our political practice.

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Xaba, Mzingaye Brilliant. "Land Reform Revisited: democracy, state making and agrarian transformation in post-apartheid South Africa ed. by Femke Brandt and Grasian Mkodzongi." Transformation: Critical Perspectives on Southern Africa 100, no. 1 (2019): 228–33. http://dx.doi.org/10.1353/trn.2019.0031.

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Van Wyk, Jeannie. "Can SPLUMA Play a Role in Transforming Spatial Injustice to Spatial Justice in Housing in South Africa?" Southern African Public Law 30, no. 1 (November 23, 2017): 26–41. http://dx.doi.org/10.25159/2522-6800/3526.

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Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.

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Tetlák, Örs. "Választások és politikai szereplők a Dél-afrikai Köztársaságban." Afrika Tanulmányok / Hungarian Journal of African Studies 13, no. 3-4. (January 25, 2020): 5–30. http://dx.doi.org/10.15170/at.2019.13.3-4.1.

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After the wasted decade of the Zuma presidency, Cyril Ramaphosa promised a renewal in South Africa in 2018. The post-state capture condition of the former economic and moral champion of the continent did not favor to regain either the confidence of the voters or of the investors. While the country had been prepairing for the sixth free general elections (25 years after the fall of the apartheid-regime), most of the domestic socio-economic problems remained unsolved. Inequality, unemployment, education, corruption, land reform and provision of public services are still the most important topics of the public talk and determined the focus of the campaign. The publication introduces the party structure of the country, the leaders of the biggest South African parties, what is more the causes and the consequences of the sixth consecutive success of the African National Congress (ANC). The article includes an analysis of the results of the national and provincial elections and beside the electoral analysis the author tries to introduce the dynamics of power within the factions of the ruling African National Congress party, adding an outlook on the members of the new Ramaphosa Cabinet. Last but not least the publication describes the most important authorities and bodies who tackle the thriving corruption in the ANC and in the subsystems of the state.

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Evans, Matthew. "Land and the limits of liberal legalism: property, transitional justice and non-reformist reforms in post-apartheid South Africa." Review of African Political Economy 48, no. 170 (October 2, 2021): 646–55. http://dx.doi.org/10.1080/03056244.2021.1987209.

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Shabangu, T., M. S. C. Ngidi, T. O. Ojo, and S. C. Babu. "Impact of Recapitalisation and Development Programme on Performance of Land Reform Beneficiary Farmers in KwaZulu-Natal, South Africa." Journal of Agricultural Science 13, no. 5 (April 15, 2021): 91. http://dx.doi.org/10.5539/jas.v13n5p91.

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Providing appropriate post-settlement support to farmers is crucial for sustainable development of smallholder agriculture in South Africa. In unravelling this, the South Africa’s Recapitalization and Development Programme (RADP) was initiated. Hence, this study analysed the impact of RADP on performance of land reform beneficiary farmers in KwaZulu-Natal, South Africa. A multistage sampling procedure was used to select (n = 264) respondents for the study. Accounting for endogeneity issues in RADP assessments and its impact on the performance of land reform farmers, an endogenous switching regression model (ESRM) was employed. In the same vein, a doubly-robust inverse probability weighted regression adjustment was used as credible remedy for potentially biased estimates of ATT and POM of endogenous treatment model. The main findings revealed that tax compliance, secondary organization, legal entity, farm potential income at acquisition, farmers receiving third party assistance and strategic partnership were statistically significant in influencing the participation of farmers in RADP. Mentorship remains an extremely challenging element in post-settlement. However, through the strategic partnership of RADP farmers had likelihood to improve the farm and increase farm income. The results of the suggest that the RADP can contribute to a deep process of change and empowerment of farmers. In the same vein, strategic partnership of RADP is likely to improve the farmers’ performance. Therefore, there is a need to strongly improve mentorship and strategic partnership programme to encourage participation of land reform farmers in the support programmes.

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Gabru, N. "SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.

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Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

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Du Plessis, A. "Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2006/v9i1a2809.

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Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment) are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especially where land that vests in private owners is claimed back because of its status as ancestral land. Land reform may strongly impact on the environment and sustainable development as protected in section 24 of the Constitution since it involves vast hectares of land, other environmental media and people. Restitution of land processes in terms of section 25(7), as one of the components of land reform, often does not take key provisions contained in environmental and planning law into account. In many instances, for example, government’s restitution projects do not make sufficient provision for harmonisation with environmental principles contained in environmental law and no or limited systems exist whereby to inform and assist land restitution beneficiaries on compliance with environmental and planning law obligations in post settlement development endeavours. These limitations could, inter alia, be linked with the fragmentation of the environmental governance regime and a lack of role clarification. It may furthermore result in significant conflict between sections 24 and 25(7) of the Constitution as overarching framework legislation, and between developmental objectives contained in sectoral-specific subordinate legislation.The restitution of land is, amongst other policies, regulated by section 25(7) of the Constitution and the Restitution of Land Rights Act 22 of 1994 whilst section 24 of the Constitution and the National Environmental Management Act 107 of 1998 aim at protection of the environment, the prevention of pollution, the promotion of conservation, and secured ecologically sustainable development. The conditions following land restitution settlement, including the current state of the environment on land that has been restituted, provide an interesting and factual source of reference for critical analysis of environmental policy implementation in land restitution processes and post-settlement endeavours. It further allows for a critical view on the effective or futile realisation of sustainable development in national and provincial governments’ efforts to finalise claim-driven restitution of land. In order to limit the scope of this article, land restitution policy, progress with the national land restitution programme and some post-settlement accounts will be critically analysed and assessed in the light of obligations and initiatives for environmental governance derived from the legal framework concerned. A land restitution case is briefly discussed with subsequent comments and suggestions for the way forward.

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van der Westhuizen, Gert J. "E. B. Fiske and H. F. Ladd. Elusive Equity: Education Reform in Post-Apartheid South Africa. Washington, D.C.: Brookings Institution Press, 2004. Bibliography. Index. Cloth. $32.95." African Studies Review 48, no. 3 (December 2005): 184–86. http://dx.doi.org/10.1353/arw.2006.0049.

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Buffel, O. "A JOURNEY OF THE PEOPLE OF BETHANY MARKED BY DISPOSSESSION, STRUGGLE FOR RETURN OF LAND AND CONTINUED IMPOVERISHMENT: A CASE STUDY OF LAND REFORM THAT HAS NOT YET REDUCED POVERTY." Studia Historiae Ecclesiasticae 41, no. 2 (December 18, 2015): 131–44. http://dx.doi.org/10.25159/2412-4265/102.

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This article investigates the history of the farm Bethany in the Free State (a province of South Africa), which was the first mission station of the Berlin Mission Society. It traces its history from the time when Adam Kok II allocated the farm to the Mission Society for the purpose of spreading the gospel to the indigenous people, and to its dispossession through the forced removals of 1939 and later in the 1960s. It argues that the history of the community is a journey from a community that was economically sustainable before the forced removal, to a journey of impoverishment caused by dispossession. After successful restitution of the farm in 1998, the community continues to be impoverished. The article argues for a restitution process that reduces and eliminates poverty and it challenges the Department of Land Affairs to partner with communities that have returned to their ancestral lands. In this partnership the weak and inadequate post-settlement support must be reviewed and improved in view of ensuring that livelihoods are enhanced and poverty reduced, if not eliminated. The article also challenges the Evangelical Lutheran Church, which still owns part of the farm through its Property Management Committee, to equally partner with the community members of whom the majority are members of the Lutheran Church.

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Biraimah, Karen L. "Book ReviewElusive Equity: Education Reform in Post‐apartheid South Africa edited by Edward B. Fiske and Helen F. Ladd. Washington, DC: Brookings Institution Press, 2004. 269 pp. $32.95 (cloth). ISBN 0‐8157‐2840‐9." Comparative Education Review 50, no. 1 (February 2006): 151–54. http://dx.doi.org/10.1086/501144.

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Thomson, Alex. "Incomplete Engagement: Reagan's South Africa policy Revisited." Journal of Modern African Studies 33, no. 1 (March 1995): 83–101. http://dx.doi.org/10.1017/s0022278x00020863.

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Events in Southern Africa during the early 1990s have re-opened a debate over the effectiveness of the Reagan Administration's policy of ‘Constructive Engagement’. This was a controversy that had previously been laid to rest with the US Congress passing its Comprehensive Anti-Apartheid Act in October 1986, since the ensuing punitive sanctions imposed by the enactment of this legislation scuttled Ronald Reagan's strategy of using friendly persuasion to encourage the South African Government away from its practice of apartheid. Yet, with hindsight, it may appear that the President's method of drawing the Pretoria regime into the international community, through offering recognition and encouragement in exchange for reform, has been triumphantly vindicated. After all, has not the African National Congress (ANC) come to power via a democratic process, thereby avoiding a bloodbath on the scale that so many had predicted?

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Harber, Clive. "Elusive Equity: Education Reform in Post-apartheid South Africa." International Journal of Educational Development 27, no. 1 (January 2007): 114. http://dx.doi.org/10.1016/j.ijedudev.2006.06.009.

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Mather, Charles. "Sustainability and Fisheries Reform in Post-Apartheid South Africa." Geography 92, no. 3 (November 1, 2007): 221–30. http://dx.doi.org/10.1080/00167487.2007.12094202.

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Kgobe, France Khutso Lavhelani, and John Mamokhere. "The Value of Public Participation in Land-Use Planning for Redeeming Congestion in South African Municipalities." Technium Social Sciences Journal 26 (December 9, 2021): 17–31. http://dx.doi.org/10.47577/tssj.v26i1.5020.

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This paper captures the value of public participation as a redeemer of South African municipalities in land use planning. In this paper, it is argued that there is scant public participation in local government developmental matters, especially in land-use planning. South African municipalities are congested due to lack of public participation in land-use planning in the municipal arena. This is despite the fact that the constitution requires active public engagement in questions of developing local administration. The challenge of inactive public participation endures throughout the IDP, and this is now perceived as a dream wish. It is further argued that it is important to involve the public in land-use, especially in the following categories: commercial, residential, public facilities, industrial, and open spaces. The arguments in this paper were also founded on Patsy Healey's 1997 theory of collaborative planning. Collaborative planning theory has been used to develop ideas and arguments. This is a conceptual paper based on secondary data. The paper relied heavily on current literature on public participation and land-use planning. Despite the arrival of democracy in South Africa, the theoretical findings of this research indicated that there is still apartheid in spatial planning. It is also discovered that the adopted South African apartheid spatial planning continues to overlook community involvement in municipal land-use planning. When it comes to planning, the study proposes that municipal authorities follow the Batho Pele principles. At the municipal level, public engagement should not be passive but interactive and consultative. Finally, the paper advocates for land-use planning reforms and the use of active public engagement to save South African municipalities from congestion.

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Barnett, Clive. "The contradictions of broadcasting reform in post‐apartheid South Africa." Review of African Political Economy 25, no. 78 (December 1998): 551–70. http://dx.doi.org/10.1080/03056249808704343.

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Wallis, J. "State of Transition: Post-Apartheid Educational Reform in South Africa." International Journal of Educational Development 22, no. 6 (November 2002): 700–701. http://dx.doi.org/10.1016/s0738-0593(01)00074-8.

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Dhunpath, Rubby, and Reshma Subbaye. "Student Success and Curriculum Reform in Post-Apartheid South Africa." International Journal of Chinese Education 7, no. 1 (August 1, 2018): 85–106. http://dx.doi.org/10.1163/22125868-12340091.

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Abstract Student success is an elusive aspiration in South Africa, especially for its majority African population as the country continues to endure the imprints of a racially divided higher education system. This article will critically examine various reform initiatives designed to enhance student success since 2004. The authors will demonstrate that despite successive efforts and increasing resources directed at enhancing student success, the outcomes have been minimal, largely because student failure has been pathologized as a function of student deficits rather than a consequence of systemic dysfunction, especially as it relates to the curriculum. We concede that while the impediments to student success are multifarious, using the affordances of technology to institute a less alienating curriculum structure, alongside a review of content, can catalyse the process of reform to reverse current student outcomes.

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Clifford-Holmes, Jai K., Carolyn G. Palmer, Chris J. de Wet, and Jill H. Slinger. "Operational manifestations of institutional dysfunction in post-apartheid South Africa." Water Policy 18, no. 4 (January 29, 2016): 998–1014. http://dx.doi.org/10.2166/wp.2016.211.

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At the centre of the water law reform process initiated by the first democratic government of the Republic of South Africa (RSA) lay the challenge of transforming away from apartheid water injustices. Reform culminated in the promulgation of new legislation, regarded internationally as ambitious and forward-thinking legislation reflective of the broad aims of integrated water resource management (IWRM). However, implementation of this legislation has been challenging. This paper analyses institutional dysfunction in water management in the Sundays River Valley Municipality (Eastern Cape Province, RSA). A transdisciplinary approach is taken in addressing the failure of national law and policy to enable the delivery of effective water services in post-apartheid RSA. A case study is used to explore interventions to promote effective water supply, locating these interventions and policies within the legislative structures and frameworks governing the water sector. We suggest that fine-grained institutional analysis together with learning from persistent iterative, adaptive practice, with principled goals intact, offers a pragmatic and achievable alternative to grand-scale policy change.

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Kaunda, Chammah J., and Mutale M. Kaunda. "Jubilee as Restoration of Eco-Relationality: A Decolonial Theological Critique of ‘Land Expropriation without Compensation’ in South Africa." Transformation: An International Journal of Holistic Mission Studies 36, no. 2 (April 2019): 89–99. http://dx.doi.org/10.1177/0265378819844877.

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This article engages with the question of land in South Africa based on the jubilee notion, from a decolonial theological perspective. It shifts the focus from debating the merits of ‘expropriation of land without compensation’ towards assessing the relations of power that determine and legitimate what constitutes the human relationship to the land. It argues that disruption in eco-relationality wrought by colonial-apartheid is a foundational factor of the land struggles in post-apartheid South Africa. In order to promote land justice, there is a need to liberate the land from apartheid through reclaiming African and Christian notions of land as belonging to God.

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Super, Gail. "Punishment and the body in the ‘old’ and ‘new’ South Africa: A story of punitivist humanism." Theoretical Criminology 15, no. 4 (November 2011): 427–43. http://dx.doi.org/10.1177/1362480611405099.

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This paper analyses official discourse about punishment in South Africa, from 1976 to 2004. It frames punishment as a form of governance which is both connected to, and separate from, the Anglo/American/European examples that are generally referred to in the literature. The shift from corporal and capital punishment to the use of long-term imprisonment is discussed within a framework that emphasizes how both the apartheid and post-apartheid state explained and attempted to justify punishment policies during times of great upheaval and change. Penality under apartheid was a complex entity, and the punishment regime under the Nationalist Party government was starting to reform during the period analyzed. This liberalization was accompanied by a lengthening of terms of imprisonment, a trend that has continued in the ‘new’ South Africa. The prison in post-apartheid South Africa speaks to both humanism and punitivism. This duality has contributed to its enduring nature and endless capacity to reform.

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Kepe, Thembela, and Ruth Hall. "Creating learning and action space in South Africa’s post-apartheid land redistribution program." Action Research 18, no. 4 (April 21, 2017): 510–27. http://dx.doi.org/10.1177/1476750317705966.

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This paper uses the case of South Africa’s latest land redistribution strategy known as the Proactive Land Acquisition Strategy, to explore whether, and how, research can have direct and positive impacts on beneficiaries of land reform. The study is situated within the practice of action research: to explore how it can generate knowledge that can be shared back and forth between stakeholders, as well as how it may ignite changes that the participants desire. The findings are that Proactive Land Acquisition Strategy is not meeting the overall goals land reform. But action research has allowed the beneficiaries to emerge from the process with new knowledge about their rights, as well as what options they have to move forward in their fight for secure land rights and decent livelihoods. We introduce a concept of a ‘learning and action space’ to explain our practice of action research. The paper concludes that action research is a desirable approach for land reform, but while it succeeded in educating beneficiaries, it is only one ingredient in ongoing struggles to challenge power relations among citizens and between citizens and the state.

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Sobey, Isobel, Mamphela Ramphele, and Chris McDowell. "Restoring the Land: Environment and Change in Post-Apartheid South Africa." Agenda, no. 15 (1992): 91. http://dx.doi.org/10.2307/4065594.

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Dlamini, Jacob. "We now know: reform, revolution and race in post-apartheid South Africa." Transformation: Critical Perspectives on Southern Africa 75, no. 1 (2011): 36–43. http://dx.doi.org/10.1353/trn.2011.0006.

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van Sittert, L., G. Branch, M. Hauck, and M. Sowman. "Benchmarking the first decade of post-apartheid fisheries reform in South Africa." Marine Policy 30, no. 1 (January 2006): 96–110. http://dx.doi.org/10.1016/j.marpol.2005.06.012.

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Gumede, Vusi, and Mduduzi Biyase. "Educational reforms and curriculum transformation in post-apartheid South Africa." Environmental Economics 7, no. 2 (June 3, 2016): 69–76. http://dx.doi.org/10.21511/ee.07(2).2016.7.

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Educational reforms and curriculum transformation have been a priority in South Africa since the establishment of the Government of National Unity in 1994. Education is critical in redressing the injustices of apartheid colonialism which created an inequitable and fragmented education system. Factors such as school access, governance, curriculum, teacher deployment and financial resources have also gone through the education policy mill. While relatively impressive progress is observed regarding legislative interventions, policy development, curriculum reform and the implementation of new ways of delivering education, many challenges remain. Key among the challenges relates to the quality of education, twenty two years since the dawn of democracy. To contribute to the debate on educational reforms and pertaining to the quality of education, the paper discusses the various curriculum reforms of South Africa’s education sector and provides a brief evaluation of the trends in policies affecting equity and quality in the South African education environment. The paper finds that the quality of education is critical for many reasons

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Sachs, Albie. "Towards A Bill of Rights for a Democratic South Africa." Journal of African Law 35, no. 1-2 (1991): 21–43. http://dx.doi.org/10.1017/s0021855300008342.

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All revolutions are impossible until they happen; then they become inevitable. South Africa has for long been trembling between the impossible and the inevitable, and it is in this singularly unstable situation that the question of human rights and the basics of government in post-apartheid society demands attention.No longer is it necessary to spend much time analysing schemes to modernize, reform liberalize, privatize, or even democratize apartheid. Like slavery and colonialism, apartheid is regarded as irremediably bad. There cannot be good apartheid, or degrees of acceptable apartheid. The only questions are how to end the system as rapidly as possible and how to ensure that the new society which replaces it lives up to the ideals of the South African people and the world community. More specifically, at the constitutional level, the issue is no longer whether to have democracy and equal rights, but how fully to achieve these principles and how to ensure that within the overall democratic scheme, the cultural diversity of the country is accommodated and the individual rights of citizens respected.

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Journal articles on the topic 'Post-apartheid land reform, South Africa'

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