Abstract
M.A.
This study analyses the government mechanisms for resolving conflict over land between white farmers and labour tenants in South Africa. Against the background of the evolvement of the institutions for resolution of conflict over land, the issues addressed include: problems experienced by the Land Claims Court with the Land Reform Act; acceptability of the Land Reform Act to farmers and labour tenants; and the use of the government institutions of conflict resolution by farmers and labour tenants. A literature analysis of both primary and secondary sources supplemented by interviews with individuals within the institutions of conflict resolution and land redistribution in KwaZulu-
Natal and Mpumalanga form the basis of the research.
The institution of conflict resolution came as a result of agreements that were reached at CODESA. The property and land reform clauses that were agreed upon during the negotiations served as the guidelines for the land reform policies, such as the Restitution of Land Rights Act of 1994, Land Reform (Labour Tenants) Act of 1996 and the Extension of Security of Tenure Act of 1997. However, labour tenants and farmers did make an input in the Green and White papers on Land Reform, which led to the establishment of the Land Claims Court.
The Land Claims Court and magistrate's courts encountered problems in interpreting the Land Reform Act. The Courts are experiencing problems in interpreting the definition of a "labour tenant", particularly in paragraph (a), (b) and (c), and whether these paragraphs should be interpreted cumulatively or disjunctively. Although there is inconsistency in the interpretation of the Labour Tenants Act, the adjudicative bodies are largely becoming predictable in that conflicts are increasingly handled successfully. The bad draftsmanship
is not the only problem regarding the Land Reform. Another problem experienced is the evictions of labour tenants. The evictions are attributed to capitalisation of agriculture, drought, fear and non-acceptance of the Land Reform Act. Although some farmers do not utilise the institutions of conflict resolution and disregard some of the clauses in the Act, farmers and labour tenants are nevertheless gradually beginning to accept land reform. Instead of
using violent and illegal means, the conflicting parties are beginning to opt for
peaceful means of resolving their disputes. The conflicts are submitted to
institutions of conflict resolution, particularly the mediation institutions. The
high cost involved in litigation and the likelihood of getting rights to land
attribute to this development.