Tesi sul tema "Land reform – Government policy – Kenya"

Thesis (MPhil)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: Land has been the revolutionary metaphor for wealth and power in the world and even more so in Africa. Ideally, land reform in Africa should therefore, contribute to social and economic progress and ultimately result in social equity as well as increased agricultural productivity. This study was devoted to the history of colonialism and the meaning and birth of land reform policies after colonialism. Moreover, to familiarise the reader with the various meanings and issues concerning land reform particularly in Kenya and Zimbabwe. The outcome of the study was to provoke further discussion on the need for land reform in other developing countries, especially South Africa, as well as to investigate whether colonialism created certain land ownership patterns that had harmful effects on the political and economic climate after independence in Kenya and Zimbabwe. Kenya has been unable to establish a sustainable land reform programme since independence. Ethnic clashes in the early 1990's were seen as a continuation of a battle to recognise the existence of property rights. The contributing factor to the conflict was the fact that the political leadership in Kenya was the direct beneficiary of land reform policies. Furthermore, the uncontrolled privatisation of public land only resulted in economic and agricultural decay. The Kenyan experience provides no evidence of increase in agricultural production, but inevitably resulted in social and economic inequalities and the emergence of significant landlessness, which was a result of the inadequacy of government, to provide credit as was initially proposed. Zimbabwe faces the painful reality that its political revolutions have only brought them halfway to true independence. The objective for Zimbabwe was to establish a functional socialist economy where decision making would be under political control in order to bring about the drastic redistribution of wealth from whites to blacks and to become independent form capitalists. The importance of land in Zimbabwe did not so much lie in the social and economic inequalities, but rather the inability to access land, accompanied by a growing overpopulation, landlessness, land deterioration and escalating poverty in the black areas parallel with severe under-utilisation of land in the white farming areas. This study concludes that African governmental land reform programmes have had mixed success. The complex nature of the liberation struggles in Africa, created diverse post-independence governmental systems. However, some former colonies illustrate certain common underlying issues such as the fact that years after independence, land remains one of the key unresolved issues in both Kenya and Zimbabwe, as well as in South Africa.
AFRIKAANSE OPSOMMING: Gesien in die lig dat grond die revolusionêre metafoor van rykdom en mag in die wêreld, nog te meer in Afrika is, sal dit ideaal wees indien grondhervorming in Afrika kan bydra tot sosiale en ekonomiese bevordering en uiteindelik kan uitloop in sosiale gelykheid asook toename in landbou produktiwiteit. Hierdie studie was toegewy aan die geskiedenis van kolonialisme en die betekenis en oorsprong van grondhervormingsbeleide na kolonialisme, asook om die leser in te lig oor menings en uitgangspunte rakende grondhervorming, spesifiek in Kenya en Zimbabwe. Die doel van die studie was om verdere besprekings oor die behoefte vir grondhervorming in ander ontwikkelende lande, veral Suid-Afrika, uit te lok. Verder om te ondersoek of kolonialisme sekere grondeienaarskappatrone veroorsaak het wat negatiewe effekte op die politieke en ekonomiese klimaat in Kenya en Zimbabwe, na onafhanklikheidswording, veroorsaak het. Kenya is, sedert onafhanklikheidswording, nog nie in staat om 'n volhoudbare grondhervormingsprogram daar te stel nie. Etniese botsings in die vroeë 1990's was gesien as 'n voortsetting van 'n geveg om die bestaan van eiendomsregte te erken. Die bydraende faktor tot die konflik was die feit dat die politieke leierskap in Kenya direkte begunstigdes van die grondhervormingsbeleide was. Verder het onbeheerde privatisering van openbare grond ekonomiese en landbou verval tot gevolg gehad. Die Kenya ondervinding voorsien geen bewyse van toename in landbou produktiwiteit nie, maar het onvermydelik sosiale en ekonomiese ongelykhede en die ontstaan van merkwaardige grondloosheid tot gevolg gehad as gevolg van die onvermoeë van die regering om krediet te voorsien soos aanvanklik voorgestel was. Zimbabwe staar die pynlike realiteit in die oë dat hul politieke revolusies hulle slegs halfpad tot ware onafhanklikheid gebring het. Die doel vir Zimbabwe was om 'n funksionele sosialistiese ekonomie daar te stel waar besluitneming onder politieke beheer sou wees om sodanig drastiese herverdeling van rykdom vanaf blankes na swartes, asook onafhanklikheid van kapitaliste, te bewerkstellig. Die belangrikheid van grond het nie soveel in die sosiale en ekonomiese ongelykhede gelê nie, maar liewer in die onvermoë om grond te bekom tesame met 'n toenemende oorbevolking, grondloosheid, grondverarming en toenemende armoede in swart gebiede. 'n Bydraende faktor was die uiterse onderbenutting van grond in blanke boerdery gebiede. In samevatting wys hierdie studie dat grondhervormingsprogramme van regerings in Afrika gemengde sukses behaal het. Die kompleksiteit van die bevrydingstryde in Afrika het uiteenlopende post-onafhanklike regeringstelsels tot stand gebring. Nietemin, illustreer somige voormalige kolonies sekere algemene onderliggende uitgangspunte, onder andere die feit dat grond, jare na onafhanklikheid, steeds een van die belangrikste onopgeloste vraagstukke in beide Kenya en Zimbabwe, sowel as Suid-Afrika is.

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.

Land ownership, control and reform have been some of the most contentious issues in contemporary Zimbabwe. The land question has generated a lot of emotional debate and there is a general consensus that it represents a critical dimension to the crisis the country is going through. This thesis intended to offer some insights into the modus operandi and outcomes of land reform in the country.

This thesis is a detailed account of Zimbabwe's controversial fast-track land reform programme. Zimbabwe's land reform history has been discussed extensively, with a focus on land redistribution. The fast-track land reform programme transferred eleven million hectares of land from 4 000 white commercial farmers to 51 543 landless peasant families. The thesis begins by offering some land reform theories and gives an overview of the land question in Southern Africa. This is followed by a discussion of Zimbabwe's land question from a historical perspective. Next is a periodised account of the successes and failures of land reform attempts made by the Zimbabwean government from independence in 1980 to 1998 when the fast-track land reform programme was conceived. Zimbabwe's political and economic situation at this time is significant. The context for fast-track land reform includes a discussion about the national question in Zimbabwe and the deteriorating status of white citizenship; the rise of Zimbabwe's liberation war veterans as a formidable force and the formation of the Movement for Democratic Change as a strong political party that was challenging, among others, the dominance of the ruling Zanu-PF party and its policies. The blueprint for fast-track land reform is discussed in order to contrast it to how the reform unfolded in practice. In this regard, the response of the international community to the violence and lawlessness that characterised fast-track land reform is worth mentioning, especially since it has bearing on how Zimbabweans are trying to cope with life in a radically altered physical and social environment, following the land reform exercise. The consequences of fast-track land reform are analysed in terms of development and the plight of Zimbabwe's farm workers; the internal displacement of hundreds of thousands of farm workers, white commercial farmers and others in Zimbabwe's countryside and whether or not fast-track land reform beneficiaries can successfully engage in agriculture to improve their standard of living. The Vumba and Burma Valley case study is illustrative of how fasttrack land reform was implemented and its socio-economic impact on Zimbabwe's poor and marginalised groups, for instance, female farm workers. The case study offers valuable insights about the survival strategies that ordinary people affected by the land reform exercise are adopting in order to cope with their new circumstances. Data was gathered from a focus group discussion (pilot study), in-depth semi-structured interviews and observation on three farms, as well as interviews with a few government officials, government documents and newspaper reports. The study is useful to countries that are planning or already implementing land reform, for example, South Africa.

The study adopted qualitative research methods because the issues to be researched are complex social matters. The approach was three-pronged. Firstly, a desktop assessment of the claim was done. Secondly, semi-structured interviews were conducted with selected households in the community to understand their experiences after dispossession and their perception of the restitution claim. Thirdly, a combination of desktop analysis and household interviews was employed to understand the socio-economic dynamics and evaluate the feasibility of the community&rsquo
s perceptions.

En se concentrant sur les processus de fabrication des politiques publiques, cette thèse met en lumière le fonctionnement de l'Etat, les liens entre les politiques et la politique et les conditions du changement politique. Cette étude explore les dispositions les plus cruciales de la réforme foncière contemporaine au Kenya. Celle-ci tente de décoloniser la propriété en résolvant les injustices historiques aux racines coloniales, en émancipant les institutions foncières du système bureaucratique centralisé d'administration foncière (lui-même hérité de la période coloniale). La thèse analyse les processus décisionnels qui sous-tendent les dispositions de la Politique Foncière Nationale (document parlementaire n° 3 de 2009) et de la Constitution de 2010 qui, toutes deux, reconnaissent les « terres communautaires » comme « les terres [qui] appartiennent et sont détenues par les communautés » (article 63, paragraphe 1, Republic of Kenya, 2010:44). Il est également établi une Commission Foncière Nationale afin de réformer les institutions de gouvernance foncière (article 46, idem: 46). La première partie de la thèse reconstitue, depuis l'époque coloniale, les processus de l'élaboration des politiques foncières et des structures de gouvernance foncière au Kenya. Les parties suivantes retracent les processus contemporains de fabrication des innovations juridico-institutionnelles de la réforme foncière en étudiant les interactions entre les acteurs. L’analyse du fonctionnement des réseaux transnationaux illustre les processus de circulation des idées et leur institutionnalisation dans les arènes politiques. L'analyse des processus politiques met en lumière le rôle des bailleurs de fonds dans l'impulsion des réseaux transnationaux et la promotion de certains répertoires d'actions des mouvements sociaux kenyans afin d'influencer la prise de décision. Pourtant, l'analyse du processus dans sa globalité démontre l'importance des luttes de pouvoir partisanes ainsi que celle des processus contingents de traduction des intérêts et des positions idéologiques des acteurs lorsqu'ils s'affrontent dans l’arène politique. La politisation de ces traductions consiste à requalifier les relations sociales en termes de transactions politiques qui déterminent la trajectoire du changement politique. Les intérêts économiques et politiques dominent la phase de promulgation de la législation, bien que l'arbitrage final qui aboutit à l'acceptation de la notion de propriété communautaire comme traduction ultime de la « terre communautaire » illustre également le poids des pratiques institutionnelles, des normes sociales et des cartes mentales produites historiquement, et donc un certain échec du projet de décoloniser la propriété au Kenya
By focusing on processes of manufacturing of public policies this study sheds light on the functioning of the state, the links between policies and politics, the conditions of policy change, and ultimately of the relations between state, ‘civil society organizations’ and donors and more generally the governanceof an African country. It explores the most crucial provisions of contemporary land reform in Kenya as they attempt to decolonize property bysolving historical injustices that have colonial roots, emancipating land instituions from the centralized bureaucratic and politically porous land administration system that is itself a colonial legacy. The dissertation analyzes decision-making processes underlying provisions of the National Land Policy (Sessional Paper No.3 of 2009) and 2010 Constitution acknowledging “community land” as “land [that] shall vest in and be held by communities” (Art.63 (1), RoK, 2010:44) and establishing National Land Commission in order to reform land governance structures (Art. 46, Idem: 46). Part I of the dissertation reconstructs historical processes dating back to colonial times (with few insights into pre-colonial configurations) of making of land policies and land institutionsin Kenya. Part II and Part III trace contemporary processes of fabrication ofland reform’s legal-institutional innovations by analyzing actors’ interactions. The study empirically illustrates the functioning of transnational networks and exemplifies processes of ideas’ circulation and their institutionalization in policy arenas. Analysis of participatory processes within the policy-making illustrates the process of politicization of community land claims translating into the interest of elitist groups, representatives of ‘imagined’ communities, in acquiring absolute and exclusive proprietorship of so-called ancestral territories. Analysis of policy processes delves into the role of donor agencies in thrusting transnational networks, imprinting repertoires of actions upon Kenyan social movements with the intent of influencing decision-making. Yet multi-stream analysis demonstrates the importance of partisan power struggles and relevance of contingent processes of translations of actors’ interests and ideological stances as they confront each other within policy arenas. The politicization of these translations consists in the requalification of social relations in terms of political transactions ultimately determining the trajectory of policy change. Economic and political interests are strikingly dominant during the enactment phase of legislation making (studied in Part III of the dissertation), though the final arbitration resulting in the acceptance of the notion of community ownership as ultimate translation of ‘community land’ exemplifies the weight of historically produced institutional practices, social norms and mental maps. Against this particular background, the process of policy change is better understood via the analysis of the interlocking of scales positing historical and political production of community ownership in Kenya. This notion is better understood by the concomitant action of emergence and consolidation of localized struggles historically produced by Kenyan land politics promoting territorial control and dispossessions, on one side, and national processes of legal land reforms politicizing and endorsing community land claims, on the other side

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.

Thesis (M.A. (Political Science))--University of Limpopo, 2007
Since 1913 black South Africans have been forcefully dispossessed of land under the racist land laws of the successive white South African governments. In 1994 the black government began to pass land laws that were supposed to provide blacks with land ownership rights. Ten years later blacks have re-claimed less than four percent of the eighty seven percent of the land they were dispossessed of. The failure to return dispossessed land to blacks is attributed to the ideology of the current government with respect to its land policy. This study attempts to fill the void regarding the ideological implications of the land reform policy of the post-apartheid government. We speculate that neo-liberal implications are dominant within this policy. Social democracy can overcome the failure of the policy as it is cost-effective and efficient and attempts to achieve social justice. It can therefore afford dispossessed and landless blacks land ownership.

From the year 2000, land became the key signifier for tackling the unfinished business of the decolonisation process in Zimbabwe, notably by rectifying the racially-based land injustices of the past through land redistribution. This took the form of the Fast Track Land Reform Programme (FTLRP). However, the racialised character and focus of the FTLRP tended to mask or at least downplay important gender dimensions to land in Zimbabwe. Colonial and post-colonial Zimbabwe (up to 2000) had instigated, propagated and reproduced land ownership, control and access along a distinctively patriarchal basis which left women either totally excluded or incorporated in an oppressive manner. This patriarchal structuring of the land question was rooted in institutions, practices and discourses. Although a burgeoning number of studies have been undertaken on the FTLRP, few have had a distinctively gender focus in seeking to identify, examine and assess the effect of the programme on patriarchal relations and the socio-economic livelihoods of rural women. This thesis makes a contribution to filling this lacuna by offering an empirically-rich study of land redistribution in one particular district in Zimbabwe, namely, Goromonzi District. This entails a focus on women on A1 resettlement farms in the district (and specifically women who came from nearby customary areas) and on women who continue to live in customary areas in the district. My thesis concludes that the FTLRP is seriously flawed in terms of addressing and tackling the patriarchal structures that underpin the Zimbabwean land question.

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

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.

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.

This research investigated whether local economic development interventions necessarily improve the livelihoods of poor communities. More specifically, the goal of this thesis was to explore some of the reasons why land-based economic development interventions often struggle to meet their main objective of improving the livelihoods of local poor people.

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.

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

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.

Thesis (MBA (Business Management))--University of Stellenbosch, 2007.
AFRIKAANSE OPSOMMING: Grondhervorming en dit wat daarmee gepaard gaan, is een van die hoekstene van die normalisering van ons samelewing en is sedert 1994 deel van die transformasieproses. Die huidige regering gaan uit van die oortuiging dat blywende vrede nie verkry kan word sonder dat dié ongelykhede reggestel word nie. Is daar ‘n antwoord op Suid-Afrika se ongelyke grondbesit, en kan kontrakboerdery 'n rol speel in die oorbrugging van die probleme? Een van die belangrikste aspekte van die regstelling van die ongeregtighede van die verlede, is die uitwissing van armoede, en in hierdie verband is Landbou 'n belangrike rolspeler. Ten einde armoede te bestry en werk te skep, moet die toekomstige generasie bemagtig word deur eienaarskap te versprei. Die Wet op Inheemse Grond van 1913, die Inheemse Trust- en Grondwet van 1936, en die Groepsgebiedewet van 1950 het swart Suid-Afrikaners die geleentheid ontneem om plaaseenhede te besit en te bedryf in die blanke gebiede van Suid- Afrika wat, soos ons almal weet, verreweg die grootste gedeelte van die land asook die meer produktiewe boerderygrond uitgemaak het. Die grondhervormingsproses streef om die erfenis van hierdie wette ongedaan te maak. Sedert die Suid-Afrikaanse grondhervormingsprogram in 1994 van stapel gestuur is, heers daar groot debat oor die beleid, implementeringstrategieë en die impak van sodanige pogings op landbougrond, die lewens van die bevoordeeldes, en die Suid-Afrikaanse ekonomie. Met die toename in skaal en kompleksiteit van grondhervorming het dit al hoe moeiliker vir die Regering geword om die proses te monitor en te evalueer. Dit is nou alombekend dat, behalwe vir kwantitatiewe aanwysings, daar baie leemtes bestaan in die inligting oor grondhervorming. In die lig van die veranderende aard van wêreld-landbou- en voedselmarkte en die voortspruitende behoefte vir vertikale integrasie van die voedselverskaffingskettings, het hierdie werkstuk ten doel om die rol van kontrakboerdery as 'n instelling te ondersoek, ten einde die voortgesette deelname te verseker van kleinboere in ontwikkelende lande in die markte vir hoëwaarde produkte. Die klem val spesifiek op die Suid-Afrikaanse omstandighede vir grondhervorming. Die werkstuk bespreek die teoretiese rasionaal van kontrakboerdery, en illustreer hoe dié vorm van boerdery aangewend kan word om markmislukkings en a-simmetriese informasieprobleme te oorkom.
ENGLISH ABSTRACT: Land reform and associated matters are some of the cornerstones of the normalizing of our society and have been part of the transformation process since 1994. The present regime is of the conviction that lasting peace cannot be achieved without such unequalities being addressed. Is there an answer to unequal ownership of land in South Africa, and can contract farming play a role in bridging these problems? One of the most important aspects of the unrighteousness of the past, is poverty and in its eradication, agriculture is an important role player. In order to combat poverty and create jobs, the future generation must be empowered by ownership of the economy. The Indigenous Land Act of 1913, The Indigenous Trust and Land Act of 1936, and the Group Areas Act of 1950 deprived Black South Africans of the opportunity to own and run farming units within the white areas of South Africa that, as we all know, formed by far the largest part of the land as well as the more productive farming land. The land reformation process strives to annul the legacy of those laws. Since the South African land reform program was started in 1994, a heated debate has raged about the policy, implementation stategies, and impact of such efforts on agricultural land, the lives of the beneficiaries, and the South African economy. With the increase in scale and complexity of land reform, it became more and more difficult for the regime to monitor and evaluate the process. It is now common knowledge that, except for qualitative indications, many shortcomings are apparent in the information on land reform. In light of the changing nature of world agricultural and food markets and the subsequent need for vertical integration of the food-supply chains, this study aims at investigating the role of contract farming as an institution, in order to ensure the continued participation of small farmers in developing countries in the markets for high-value products. The emphasis falls specifically on the South African conditions for land reform. This study describes the theoretical rationale of contract farming, and illustrates how this form of farming can be applied to overcome market fiascos and assimmetrical information problems.

This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.

Thesis (M. A. ( Sociology)) -- University of Limpopo, 2014.
Land reform is one of the heavily contested issues the world over as reflected in the literature discussion. It is an indisputable fact that land is crucial for human survival across cultures, races, gender, and beliefs. The aim of the study was to investigate the impact of land reform on poverty alleviation in Zimbabwe, Mwenezi district in Chikomati and Dungwe villages. The problem which was under investigation was, ‘why is poverty seemed not to be alleviated/reduced despite the era of land reform?’ The impact of land reform on poverty alleviation was pointed out. The respondents were selected through snowballing (one potential respondent leads to the other respondent) and the data was collected through focus group discussions. The analysis was done through thematic analysis. The research found out that land reform alone cannot alleviate the expected fraction of poverty in any country in general and Zimbabwe in particular. There is need for all sectors of the economy to join hands in order to alleviate poverty, for example, education, health, agriculture, finance, and many more. Swathes of land alone had proved that it is not enough to reduce poverty unless underpinned with other sectors. Rapid reforms are needed in social, economic, and political spheres in order for land reform programme to deliver positive results to the beneficiaries and the whole economy at large. Facts on the ground in Zimbabwe are that mere distribution of land cannot on its own alleviate poverty, but the fact remains that land reform is an irreplaceable arrow in poverty reduction.

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.

Apartheid and colonialism left deep imprints on contemporary South African society. Nowhere are these more compellingly apparent than in the highly skewed distribution of land between whites and blacks. At the beginning of the 1990' s, it was estimated that 12 million black people lived on only 17.1 million hectares of land, whilst 60,000 white commercial farmers occupied 86.2 million hectares. Since democratisation in 1994 various modes of land redistribution have emerged in South Africa to redistribute farmland to previously disadvantaged people. In 1994, an African National Congress (ANC)-led government initiated a land redistribution programme by offering Settlement/Land Acquisition Grants (SLAG) to previously disadvantaged South Africans to purchase formerly white-owned farms on a willing buyer-willing seller basis. The aim of SLAG was to redistribute 30 per cent of the country's commercial farmland to previously disadvantaged South Africans within five years. However, by the end of the first five years less than two per cent of white-owned farmland was transferred to previously disadvantaged South Africans. Government responded by introducing a new grant programme, the Land Redistribution for Agricultural Development (LRAD) programme in August 2001 with a less ambitious objective of transferring 30 per cent of white-owned farmland to previously disadvantaged South Africans over 15 years (i.e. two percent per annum). In addition to the government's land redistribution programme, private and semi-private initiatives have emerged to redistribute farmland to previously disadvantaged people. The BASIS Collaborative Research Support Programme sponsored by the U.S. Agency for International Development (USAID) has monitored government (SLAG) and private farmland transactions in the province of KwaZulu-Natal since 1997. This study builds on these previous analyses of farmland transactions by comparing the performance of LRAD relative to private transactions in transferring farmland to previously disadvantaged South Africans during 2002, and contrasts the results with those from years 1997 to 2001. Results from the study indicate that the launch of LRAD in 2001 had a significant impact on land redistribution in 2002. In KwaZulu-Natal, the rate of land redistribution doubled from 0.5 per cent in 2001 to one percent in 2002. The results also show that LRAD has not only succeeded in drawing private resources into the land reform process, but has also been more successful in targeting women than the earlier SLAG programme. Findings further show that unlike the earlier (SLAG) programme, LRAD offers larger grants to wealthier and more-creditworthy beneficiaries and is therefore conducive to establishing farms owned and operated by individuals or by small groups of individuals. A small area (1,454 hectares) was transferred back to previously advantaged owners in 2002. Such transactions were not detected before 2002 and should be monitored to identify the underlining reasons for these sales. It is also recommended that research should be conducted to ascertain whether improvements in the rate of land redistribution in KwaZulu-Natal during 2002 will be sustained in the future.
Thesis (M.Agric.Mgt.)-University of KwaZulu-Natal, Pietermaritzburg, 2004.

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)

This research project examines the Land Redistribution for Agricultural Development Programme (LRAD) in the province of KwaZulu-Natal in terms of a public policy framework, which includes policy implementation. In analyzing the nature of the LRAD Programme the project investigates the issues of governance, development, the policy agendas, policy actors and policy subsystems in South Africa (the executive; the legislature; the appointed officials; research organizations; the labour; civic organizations; the mass media; and the electorate). The relationship between the national government and provincial government has also been discussed. The reasons for adopting the land reform policy have also been examined which include the need to address the past legacies of apartheid; to demonstrate democracy and good governance as a way of upholding the human rights principles; to develop the previously disadvantaged poor communities through acquisition of land as property; to address the unemployment problem. through agricultural development; and to broaden the base of agricultural industry in South Africa. The project further investigates the history of land in South Africa. The author has given an analysis of the new Government's LRAD policy; the systems of land acquisition in South Africa; the beneficiaries and their contribution; and the problems encountered in the implementation of the Land Redistribution for Agricultural Development Programme. In understanding the progress of the LRAD Programme an area of Moshesh in Loteni (in KwaZulu-Natal) which has a Communal Association Project known as Sibonginhlanhla Communal Project has been studied. Issues such as the objectives, the financing, the nature, the management of the project, and the project evaluation and monitoring systems have been considered. The project critically analyzes the LRAD Programme in KwaZulu-Natal where some issues of good governance and development have been looked at including elements of good governance in South Africa, such as being a responsive government, coordination and network, transparency, efficiency and accountability, the exercise of discretion, and the challenge of policy implementation. The writer has also looked at elements of development in South Africa, namely, women empowerment, youth participation, the collaboration of national and provincial government. Finally, the project proposes areas of further research. These are: effective and efficient implementation of the LRAD Programme to ensure that more people are engaged in agricultural development; transparency in the allocation of land to project participants to ensure that the programme benefits more people; and training programmes in various areas of need should be established for the benefit of upcoming farmers. The KwaZulu-Natal Provincial Department of Agriculture and Land Affairs should coordinate and implement the training programmes before the projects start. There is need to encourage cooperation between government and some NGOs that are involved in land reform and farmer support programmes, especially in the area of training, to drive and to give priority to the youth in agricultural development programmes, and to empower women. Finally, there is a need for capacity development through institutional reforms, human resource development and organization strengthening.
Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2004.

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

The thesis focuses on the social policy dimension of Zimbabwe’s Fast Track Land Reform Programme (FTLRP). Interrogating land reform in the context of Transformative Social Policy (TSP) is a critical lacuna in Zimbabwe’s land reform and dominant social policy literature, implying the absence of a wider vision of social policy. This vision emphasises the consideration of the five tasks of social policy (production, redistribution, reproduction, protection and social cohesion); and acknowledges the symbiotic link between social policy and development. The thesis asks, how did the FTLRP and land occupations unfold; what is the new agrarian structure and, forms of social organisation in the aftermath of the fast track land reform; and how has the programme played out in relation to redistribution, production, social protection, reproduction and social cohesion? The thesis is based on a qualitative-dominant mixed methods research approach, and is complemented by predominantly quantitative data gathered by the African Institute for Agrarian Studies (AIAS), now Sam Moyo African Institute for Agrarian Studies (SMAIAS); and a sample of 150 A1 land beneficiaries drawn from Dalkeith, Whynhill and St Lucia Farms. Using grounded empirical data gathered in an eight (8) months-long ethnography in Zvimba district, Mashonaland West Province; and transcending ideological and epistemological debates, the thesis argues that, despite shortcomings, the fast track land reform is a crucial social policy ‘instrument’ with immense potential to transform lives. Across the district, land is a core economic, social and political resource that is central in enhancing wellbeing. The centrality of land reform in transforming lives is hampered mainly by land use and production constraints, and as the study results show, this dimension has the least positive outcomes. Diverse targeted support services that are mainly crystallised around land use and production, value chains and markets, are essential. If the farmers are appropriately supported, the benefits of land reform are potentially immense. Overall, land reform must be understood as a transformative social policy initiative and fast track is the case study for demonstrating this. The thesis contributes primarily to approaches and literature on land reform and social policy.
Sociology
D. Lit. et Phil. (Sociology)

The objective of this study is to research how the slow process of land redistribution in South Africa can be accelerated, given the urgency of land resettlement. A subprogramme of redistribution, Land Redistribution for Agricultural Development (LRAD), was launched by the Minister of Agriculture and Land Affairs in A1.}gust 2001. A redistribution project goes through five phases (refer Appendix A for LRAD project cycle). Each phase has different steps, which is an LRAD project cycle. Firstly, the thesis analyses the project cycle - the aim was to establish how long it would take a farmer to obtain ownership of land and how the process can be expedited to settle more farmers. Secondly, it studies the role and views of stakeholders involved in the programme (such as NGOs, financial (nstitutions, design agents and governmental departments). Thirdly, it examines the performance and progress made since the implementation of the programme In KwaZulu-Natal. Lastly, the study focuses on problems and general concerns regarding the policy. Some policy recommendations on the need and performance of land redistribution in South Africa are made. The LRAD project cycle could take at least nine months or more. During this period beneficiaries cannot buy land from auctions, while some landowners are reluctant to go through with this long process, because it may not result in a land sale. Engaging property owners in the process can accelerate land delivery. In addition, government must try to streamline its policies and procedures, so that landowners who wish to sell do not perceive it to be such a serious disadvantage to engage in selling to redistribution applicants. The LRAD programme started slowly in KwaZulu-Natal and by the end of 11 April 2002, the DLA had received only 105 applications for the grant. By May 2003, out of 1 300 applications only 169 had been transferred since LRAD started. According to experience by Ithala Bank, many projects are delayed and sales collapse. Long delays are a major problem, because many projects are approved but few transferred. A recommendation is that commercial banks be given a chance to approve LRAD grants, contingent on loan approval. Extending approval powers to commercial banks has the advantage of identifying creditworthy projects quickly and accurately, as private lenders are putting their own resources at risk. Some of the problems and concerns identified around LRAD are: disposal of state land and unresolved land-claims. The Department of Land Affairs (DLA) needs to integrate the new programme with other programmes of land reform, especially in cases where different communities are competing for the same land, but through different programmes. Another problem is that the programme has missed market opportunities because landowners are reluctant to sell due to delays and uncertainty. The DLA has consistently been under-spending their budget, leading to their budget being cut. Financial assistance to farmers with no own collateral is insufficient. The farmers are not being placed in a financial position to purchase a viable farm and they will experience serious cash flow problems if maximum loans from the Land Bank are accessed. The Department of Agriculture (DoA) has postponed the training programme several times and to date it is not yet implemented. It is highly recommended that the issue of mentorship be addressed, as a matter of urgency.
Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2004.

Land reform in South Africa has not been very successful. The process of land delivery has been slow and livelihoods in South Africa are becoming increasingly vulnerable as land reform fails to meet its objectives. Since 1994, millions have been made homeless due to farm evictions that have counteracted the positive impact of land reform. Intensive debate has been initiated about the approach to land reform; however, current programme-specific information has been unreliable in providing insight into the impact of land reform projects that have been implemented. This thesis exammes the Land Redistribution for Agricultural Development (LRAD) programme, to determine how it can be enhanced to improve the lives of the programme's intended beneficiaries. Monitoring and evaluation is examined as a tool for improving programmes. This research also explores some of the shortcomings of the current monitoring and evaluation mechanisms for land reform. It is proposed that the LRAD programme should have a comprehensive ME promulgation of appropriate new land reform policy. An LRAD project at Loteni in rural KwaZulu-Natal is used as a case study and exposes some of the contextual challenges for LRAD policy. The qualitative analysis given provides insight into some of the problems of implementing the programme and reveals challenges for extension support. As a result of this critique, some recommendations are provided for improving the performance of LRAD. Key among the recommendations made to enhance LRAD is a set of measurable indicators for each of the stated objectives of the LRAD programme. Adopting such indicators will enable the programme to contribute to the improvement ofthe lives and livelihoods of the intended beneficiaries ofLRAD.
Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2007.