Die standpunte van die African National Congress (ANC) en die Nasionale Party (NP) ten opsigte van grondbesithervorming (1993)
- Authors: De Vos, Piet-Nel
- Date: 2014-05-14
- Subjects: African National Congress , National Party (South Africa) , Land tenure - South Africa
- Type: Thesis
- Identifier: uj:11069 , http://hdl.handle.net/10210/10642
- Description: M.A. (Deveopment Studies) , The imbalance of property ownership in South Africa dates back to the settlement of Jan van Riebeeck at the Cape. The Europeans did not originally plan an expanding colony, only a trade station for providing ships with vegetables, water and meat. Property ownership did not occur at the time, although a certain degree of property utilization did exist. The white colonists as well as the black native population needed property for a similar reason, namely for farming. Competition was therefore inevitable. Although a policy of partition regarding blacks and whites was encouraged, it was not based on constitutional law. since 1910 segregation however formed an integral part of the law of the Union of South Africa, and in 1913 and 1936 these important laws were romulgated. The passing of these laws resulted in 20% of the population (whites) presently owning 80% of land property in South Africa. Since 2 February 1990 phenomenal changes have taken place in South Africa. As a result of these changes, as well as several additional factors, it became clear that land tenure reform should take place in south Africa. One of the most important objectives regarding property ownership in the international context, constitutes the provision of property ownership rights in favour of those who did not possess any such rights in the past. Land tenure reform in Africa has always been politically inspired, as has become evident from reforms which have taken place after independence in most African countries. In South Africa it is not a question of whether land tenure reform will take place, but to what extent and by which modus operandi. This study aims at determining the nature of the view points of the African National Congress (ANC) and the National Party (NP) regarding land tenure reform. As a result of their positioning in the south African society, these two political groups will play an important role in determining the modus operandi' for land tenure reform. various differences of opinion as well as agreements on a policy of land tenure reform by these two political groups agreed upon were identified in this dissertation. Both groups agree that land tenure reform should take place, however, no agreement can be reached on the modus operandi. The ANC favours a policy of Government involvement in land tenure reform as well as a restriction on the quantity of property individuals are allowed to own. The National Party however, favours land tenure reform determined by market-related policies and unrestricted property ownership, which can be supplemented by letting properties. Land tenure reform should accommodate the needs of the largest possible section of the popUlation. The success of land tenure reform is determined by the degree to which the needs of the population are adhered to. At the same time, it has to be accepted that production will be of utmost importance for the allocation of agricultural property.
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Government mechanisms for resolving land conflict
- Authors: Sibanyoni, Mphikeleli Christopher
- Date: 2012-09-06
- Subjects: Land settlements - Government policy - South Africa , Land tenure - Government policy - South Africa , Land tenure - South Africa , Conflict management , Problem solving , Mediation
- Type: Mini-Dissertation
- Identifier: uj:9698 , http://hdl.handle.net/10210/7111
- Description: 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.
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