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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'n Bemiddelingsopleidingsmodel vir bestuurders in ESKOM
- Authors: Harley, Sanette
- Date: 2015-10-29
- Subjects: South Africa. Electricity Supply Commission , Executives - Training of , Training manuals , Mediation
- Type: Thesis
- Identifier: http://ujcontent.uj.ac.za8080/10210/371716 , uj:14500 , http://hdl.handle.net/10210/15021
- Description: M.A. (Social Work) , This development research aims to develop a prototype mediation model for leaders to enable them to solve conflict effectively on the shop floor. The primary motivation for the study is an attempt to find a workable solution for day to day conflict. Such a solution has to be practical, easy to implement and coincide with current processes within the Generation Group ...
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An exploratory study of dispute resolution methods in the South African construction industry
- Authors: Bvumbwe, C. , Thwala, Wellington Didibhuku
- Date: 2011
- Subjects: Alternative dispute resolution , Arbitration , Adjudication , Mediation , Dispute resolution (Law) , Construction industry - South Africa
- Type: Article
- Identifier: uj:4677 , http://hdl.handle.net/10210/10446
- Description: This study assessed the dispute resolution methods used in the South African construction industry. Arbitration, adjudication and mediation are the most frequently used dispute resolution methods in the construction industry. A literature review focused on arbitration, adjudication and mediation in the construction industry. Closed-ended and open-ended questionnaires as well as interviews were conducted among the senior construction participants who included architects, quantity surveyors, construction managers, project managers and attorneys. The questionnaires were completed by 70 construction participants. The research concluded that for alternative dispute resolution (ADR) to be effective in solving disputes in the local construction industry, mediators, arbitrators and adjudicators with knowledge of the construction industry should be appointed. In terms of its characteristics, ADR should be the best option to resolve construction disputes. However, it is not being fully utilised due to the characteristics of dispute resolution itself and the absence of an appropriate framework to guide the disputing parties on the overall process. The literature review on the ADR developments and their effectiveness focused only on South Africa. This study provides a basis for using ADR effectively in the construction industry. The findings are of value for clients, contractors and consultants.
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