Thèses : « Land tenure – Africa, West »

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Bhe, Ntomboxolo Grace. « Land restitution policy in old West Bank location, East London ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14620.

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This thesis summarises research on the implementation of land restitution policy in the old West Bank Location, in East London. Apartheid legislation dispossessed many Black people of their land. After 1994, the new democratic government implemented a land reform programme, land policy was reviewed, and people were compensated for the loss of land either financially or through restoration of their land. The original cut-off date for claims was 1998, but the window for claims was reopened in July 2014 because of difficulties in implementation. The period for the lodging of claims was extended to end June 2019 to allow people who had not yet been able to do so to participate in the process. In case of the old West Bank Location claims, compensation was in the form of land restoration, including houses which would be built for the claimants. This study documents the successes and challenges encountered in the implementation of land policy in the old West Bank Location. Triangulation of methods was used: data were collected from documents, interviews with claimants, interviews with government officials, and observation of meetings. Recommendations with regard to land policy are made on the basis of the research findings.

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MANALIS, Georgios. « Essays on macroeconomics and development ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/71516.

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Defence date: 28 May 2021
Examining Board: Professor Evi Pappa (Universidad Carlos III Madrid); Professor Axelle Ferrière (Paris School of Economics); Professor Tasso Adamopoulos (York University); Professor Katheline Schubert (Paris School of Economics)
Land Rights and risk sharing in rural West Africa: Despite arduous efforts of advancing land rights in Africa, most of the continent experiences low levels of formally recognized property. I propose a novel contextualisation of formal land titling that motivates a theoretical model to account for land reforms’ effects when implemented in weak institutional environments with high risk. Village communities have developed informal mechanisms of risk-sharing to provide households with a safety net, while land allocation is centrally decided by traditional leaders. Therefore, when a land reform, aiming at granting individual property rights, takes place, it operates in a highly antagonistic way to the established customary rules. I build a model of risk-sharing with limited commitment to explain the competing forces developed between statutory land reform and informal mutual insurance at the community level. The model shows that a land reform increases the share of surplus that a villager can extract from a risk-sharing contract among community members and decreases the size of the pie available to the community. Additionally, it shows a non-monotonic relation between land allocation and productivity revealing a trade-off between output efficiency and size of risk-sharing. Subsequently, I use data from Burkina Faso to validate the theoretical predictions. Mutual insurance and land security in rural Ghana: We study the impact of land rights’ formalization on functioning of informal insurance and land re-allocations in Ghana’s rural communities. First, we provide empirical evidence suggesting that communities holding more of formal land titles enjoy higher land security, as measured by number of disputes due to multiple claims over land. Second, we find that land reallocations are more intense in those places, leading to increases in agricultural productivity and level of average consumption. Third, we show that communities with higher formality of land rights enjoy improved risk-sharing against idiosyncratic shocks. Motivated by this evidence, we develop a dynamic model of land and risk sharing subject to limited commitment constraints, where the equilibrium degree of co-operation is determined by the degree of formal land rights chosen. We show that the model can rationalize our empirical findings and can serve as a useful quantitative laboratory. Most interestingly, we find that although positive in the data, the effects of increasing land rights may be highly non-linear as at some point they may lead to a complete unraveling of informal co-operation in rural economies. Contagion as a dealmaker? The effect of financial spillovers on regional lending programs: The recent European sovereign debt crisis highlighted the critical role of regional lending arrangements. For the first time, European mechanisms were called to design financing programmes for member countries in trouble. This paper analyses how the risk of contagion, an essential characteristic of interlinked economies, shapes borrowing conditions. We focus on the role of spillovers as a channel of bargaining power that a country might have when asking for financial support from regional lending institutions. We build and present a new database that records both the dates on which official meetings took place, relevant statements were released and the timing of the announcements regarding loan disbursements. This database allows us to assess the defining role that announcements of future actions have in mitigating spillover costs. In addition, we study the design of lending arrangements within a recursive contract between a lender and a sovereign country. When accounting for spillover costs, arising from the borrower to the creditor, we find that it is in the lender’s best interest to back-load consumption by giving more weight to future transfers in order to reduce contagion cost. Subsequently, we test and validate our theoretical predictions by assessing the effect of spillovers on loan disbursements to programme-countries and by juxtaposing lending conditions imposed by the IMF and the European mechanisms.
-- Introduction -- 1 Land rights and risk sharing in rural West Africa -- 1.1 Introduction -- 1.2 Literature Review -- 1.3 Background on the land reform in Burkina Faso -- 1.3.1 Loi 034/2009 -- 1.3.2 Rural Land Certificate of Possession (APFR) -- 1.3.3 Assessment of the results of the RLG -- 1.4 One-Sided Limited Commitment with land re-allocation -- 1.5 Data from Burkina Faso -- 1.5.1 Rural Land Governance Project -- 1.5.2 Monitoring the progress of RLG project -- 1.5.3 Empirical Regularities in Burkina Faso -- 1.6 Evidence from the RLG programme in Burkina Faso -- 1.7 Collateralization effect -- 1.8 Conclusion -- References -- 1.9 Appendix -- A Proofs -- B Figures -- C Tables -- D Naive productivity measure -- 2 Mutual insurance and land security in rural Ghana -- 2.1 Introduction -- 2.2 Literature Review -- 2.3 Statutory and customary land institutions in Ghana -- 2.4 Empirical analysis -- A Data -- B Suggestive empirical observations -- C Regression analysis -- 2.5 Quantitative model -- A Environment -- B Outside Option -- C First best -- D Land and risk sharing with limited commitment -- E Preliminary quantitative results -- F Outlook on quantitative analysis -- 2.6 Conclusion -- References -- 2.7 Appendix -- A Regression analysis -- B Endogeneity of selling rights -- C Suggestive empirical observations -- 3 Contagion as a dealmaker? The effect of financial spillovers on regional lending programs -- 3.1 Introduction -- 3.2 A new dataset on loan announcements and disbursements during the Euro crisis -- 3.3 Empirical analysis -- A The Spillover Index - Vector Autoregressive Model -- B Bivariate-GARCH Dynamic Conditional Correlation Model -- C Spillovers and lending during the Euro crisis - A linear regression analysis -- 3.4 A recursive contract model with spillover costs -- A Model -- 3.5 Discussion of model predictions -- A Empirical Validation of Model Predictions -- 3.6 Conclusion -- References -- 3.7 Appendix -- A Financial linkages across the euro area -- B Theoretical appendix -- C Descriptive statistics from database on loan announcements and disbursements -- D Empirical analysis -- E Spillovers and loan conditions -- F The effect of announcements on spillovers - Summary tables -- G The effect of announcements on spillovers - Country details

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Boonzaaier, Igor Quinton. « Die invloed van 'n historiese ontwikkelingspatroon op hedendaagse wetgewing en grondhervorming : die wet op landelike gebiede (Wet 9 van 1987) en sy historiese probleme ». Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52207.

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Thesis (MA)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: Nobody can deny the need which prevails among black South Africans of gaining access to land. In South Africa, just like elsewhere, the land issue plays an equally important role to economic and political issues. However, the land issue is much more emotional, and has the potential to unleash forces which could impact negatively on the economy and the political situation. Bearing this in mind, the ANC-government placed the issue of land reform on the national agenda after assuming power in 1994. Within the broad framework of the program provision is made for previously disadvantaged people to be given access to agricultural land. However, the focus on new entrants to the agricultural sector diverts the attention somewhat from the fact that there are people and groupings who were also disadvantaged under apartheid, but who have had a degree of access to land. This study focuses on the 23 so-called Rural Areas which are scattered over four provinces (Western Cape, Northern Cape, Eastern Cape and the Free State) and which are administered in terms of the Rural Areas Act, Act 9 of 1987. Since the study is no more than an overview, a synopsis is given of contributing factors which relate to the origins of each of the areas. Of importance is the role which was played by missionary societies and others in establishing these communities. The mam focus of the study is the manner in which the Rural Areas were administered. Reference is made to relevant legislation since 1909, and specifically to Act 9 of 1987. The importance thereof lies in the fact that the existence and continued application of the Act has particular constitutional implications. Furthermore, the Minster of Land Affairs, who is responsible for the implementation of the land reform program, is the (unwilling) trustee of these areas. Apart from the fact that trusteeship recalls paternalism of years gone by, the South African reality also necessitated reflection on the existence of Act 9. The rest of the study discusses the consultation process undertaken by the department of Land Affairs with the communities concerned, and the writing of legislation to replace Act 9. The Transformation of Certain Rural Areas Act, Act 94 of 1998, will replace Act 9 when certain conditions mentioned therein, have been met. The Act will end trusteeship and ensure that the communities receive ownership of their land. This will be a movement towards the ideal of the land reform process of giving access to land to all inhabitants of the country.
AFRIKAANSE OPSOMMING: Niemand kan die behoefte aan toegang tot grond ontken wat onder swart Suid- Afrikaners heers nie. Nes elders, speel die grondkwessie in Suid-Afrika 'n ewe belangrike rol as ekonomiese en politieke kwessies. Die grondkwessie is egter baie meer emosioneel, met die potensiaal om kragte los te laat wat nadelig op die ekonomie en politiek kan inwerk. Gedagtig hieraan het die ANC-regering na bewindsaanvaarding in 1994 grondhervorming op die nasionale agenda geplaas deur 'n grondhervormingsprogram van stapel te stuur. Binne die breë raamwerk van die program is onder andere ruimte geskep vir die verlening van toegang tot landbougrond aan voorheen benadeeldes. Dié klem op "nuwe toetreders" tot landbou trek egter 'n mens se aandag af van die feit dat daar ander persone en groeperinge bestaan wat ook deur apartheid benadeel is, maar wat wel 'n mate van toegang tot grond gehad het. Hiedie studie fokus op die 23 sogenaamde Landelike Gebiede wat oor vier provinsies (Wes-Kaap, Noord-Kaap, Oos-Kaap en Vrystaat) van die land versprei is, en wat ingevolge die Wet op Landelike Gebiede, Wet 9 van 1987, geadministreer word. Weens die oorsigtelike aard van die studie word slegs 'n sinopsis gegee van bydraende faktore wat relevant is tot die spesifieke ontstaansgeskiedenis van elk van die gebiede. Veral van belang hier is die rol wat sendinggenootskappe en andere gespeel het in die totstandkoming van gemeenskappe. Daar word in hoofsaak gekyk na die manier waarop die Landelike Gebiede met verloop van tyd geadministreer is. Hier word verwys na die relevante wetgewing sedert 1909, met spesifieke verwysing na Wet 9 van 1987. Die belang hiervan lê in die feit dat die voortbestaan en voortgesette toepassing van die Wet bepaalde grondwetlike implikasies inhou. Daarmee saam die feit dat die Minister van Grondsake, wat verantwoordelik IS vir die implementering van die grondhervormingsprogram, die (onwillige) trustee is van die Landelike Gebiede. Benewens die feit dat trusteeskap sterk herinner aan die paternalisme van die verlede, het die nuwe Suid-Afrikaanse werklikheid vereis dat herbesin word oor die voortbestaan van Wet 9. Die res van die studie bespreek die konsultasieproses van die departement van Grondsake met die betrokke gemeenskappe, en die skryf van wetgewing om Wet 9 te vervang. Die Wet op die Transformasie van Sekere Landelike Gebiede, Wet 94 van 1998 sal Wet 9 vervang wanneer aan sekere vereistes voldoen word. Die Wet het ten doelom trusteeskap te beëindig en te verseker dat die betrokke gemeenskappe seggenskap oor hul grond verkry. Sodoende sal nader beweeg word aan die ideaal van die grondhervormingsproses, naamlik die verskaffing van vrye toegang tot grond aan alle inwoners van die land.

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Porter, Stephen M. « The Samual Smith land grants a historical study of land ownership and use in southern West Virginia / ». Huntington, WV : [Marshall University Libraries], 2005. http://www.marshall.edu/etd/descript.asp?ref=538.

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Viedge, Bronwen Elizabeth. « A history of land tenure in the Herschel district, Transkei ». Thesis, Rhodes University, 2001. http://hdl.handle.net/10962/d1003808.

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A historical review of land tenure systems implemented in the Herschel district, Eastern Cape, South Africa and an analysis of the strengths and weaknesses of each system in conjunction with international experience of land tenure provide guidelines as to what elements could be incorporated in the formulation of a new integrated land tenure system. These guidelines together with the information obtained from a questionnaire survey amongst the Herschel population provide the government of South Africa with a broad outline of an integrated land tenure system that could serve to link the former homelands to the land tenure system that currently operates in the rest of the country thereby removing one of the obstacles to rural development and land redistribution.

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Wisborg, Poul. « It is our land human rights and land tenure reform in Namaqualand, South Africa / ». Ås : Noragric, Dept. of International Environment and Development Studies, Norwegian University of Life Sciences, 2006. http://catalog.hathitrust.org/api/volumes/oclc/80145303.html.

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Wickstead, H. « Land division and identity in later prehistoric Dartmoor, south-west Britain : translocating tenure ». Thesis, University College London (University of London), 2007. http://discovery.ucl.ac.uk/1445203/.

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Tenure is an important aspect of relations involving people and material things. Archaeologists often evoke tenure but less often subject this concept to sustained examination. In this thesis I explore the subject of tenure. The root of the word tenure is the French verb 'tem'r' (to hold). It is thus concerned with possession, and is related to the concept of property. Dictionary definitions of tenure outline three main senses in which the word tenure is used: Firstly, tenure refers to the holding or possession of something, especially of property and land Secondly, it also means the duration, term or conditions on possession, and thus encompasses a greater range of relations than can be described by 'property' Thirdly, it is also possible to speak of 'getting tenure'---by which is meant the attainment of a permanent office, linked to achieving a certain personal status within a profession. At first sight this third sense seems very different to the first two. However it points to the history of a concept that is closely bound up with personhood. For example, the word 'property' derives from the Latin 'proprius' and French 'propiete'. The words property and propriety thus overlap indicating the historical connections between property and ideas of moral personhood ('self-possession'). 'Ownership', related to the German 'eigen', also refers to identity through its historical link with 'belonging'---the word was once used to describe blood ties between kin as well as possession of objects (Verdery & Humphrey, 2004a: 5). The concept of tenure is more complicated than it may at first appear, referring to many different sense and forms of possession simultaneously.

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McGregor, Russell Edward. « Answering the native question : the dispossession of the Aborigines of the Fitzroy District, West Kimberley, 1880-1905 ». Thesis, University of North Queensland, 1985. http://hdl.handle.net/1885/268851.

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Kakembo, Vincent. « A reconstruction of the history of land degradation in relation to land use change and land tenure in Peddie district, former Ciskei ». Thesis, Rhodes University, 1997. http://hdl.handle.net/10962/d1005523.

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A history of land degradation is reconstructed in a part of the dividing ridge between the Great Fish and Keiskamma rivers, in Peddie District, former Ciskei. The study entails a comparative investigation of the progressive changes in land use, vegetation and soil erosion in three tenure units, namely: former commercial farms, traditional and betterment villages. Analysis of the sequential aerial photography of the area for 1938,1954, 1965, 1975 and 1988 is employed. This is backed by groundtruthing exercises. Data thus obtained are quantified, and linkages between degradation, anthropogenic and physical factors are derived using PC ARC/INFO GIS. Differences in land tenure systems emerge as the main controlling factor to variations in land degradation. Confinement of vegetation diminution and erosion to traditional and betterment villages is observed at all dates. Scantily vegetated surfaces and riparian vegetation removal are a characteristic feature of both areas throughout the study period. 'Betterment,' introduced in the early 1960s to curb land degradation is, instead observed to exacerbate it, particularly soil erosion. Trends in land use change are characterised by the abandonment of cultivated land, which is noted to coincide with a sharp rise in population. Erosion intensification into severe forms particularly between 1965 and 1975, coincident with a period of extreme rainfall events, emerges as the most significant degradation trend. A close spatial correlation between abandoned cultivated land and intricate gullies is identified. So is the case between grazing land and severe sheet erosion. Within the grazing lands, an examination of erosion and categories of vegetated surfaces reveals that erosion occurs predominantly on the scanty vegetation category. Such erosion-vegetation interaction largely explains the non-recovery of the scanty vegetation category, even during periods of intense rainfall. Extensive channel degradation is evident along stream courses with scanty riparian vegetation. Physical factors are noted to have a significant bearing on erosion. The high prevalence of erosion on the Ecca group of rocks confirms its erosion-prone nature. Pockets of colluvium and alluvium accumulation in the steep bottomlands are identified as the sites of the most severe gully erosion. Field surveys at some of the sites indicate that a dolerite sill through the area forms a boundary of colluvium accumulation and the upslope limit to gully incision. That these sites are recognised as formerly cultivated land, portrays the interaction between physical and anthropogenic variables with regard to inducing degradation in the area.

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Stephen, Michael F. « Between tradition and modernity : politics and citizenship of the Swazi land community ». Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.296108.

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Jacobs, Cameron Lee. « Socio-historical research and land tenure in South Africa : a case study of land tenure rights on the Northern Cape farm of Melkkraal ». Master's thesis, University of Cape Town, 2006. http://hdl.handle.net/11427/3782.

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The aim of the research was to clarify and explain the land tenure relations of a farming community called Melkkraal situated in the Northern Cape such that development assistance could be rendered to them by the Department of Land Affairs (DLA).The Melkkraal farm has been owned by various members of the Kotze family since 1834 and through the process of testate and intestate succession has passed from one generation to the next. At present the farm is owned by seven members of the Kotze family in a co-ownership. However, it is also a home to twenty-six households of which three have a legal title to the land as co-owners. The remaining households have occupied the land through a haphazard process of acquiring oral permission from some of the co-owners and non-owning residents, some for as long as sixty five years. This has led to a tenure conundrum because the way in which the Melkkraal farm is registered means that neither the twenty six families who use the land, nor the seven co-owners can access the DLA assistance or effectively assert authority to make development decisions. As a result, the community requested the Surplus Peoples Project and the Environmental Monitoring Group (EMG) to advise them on the steps they would need to gain access to the DLA assistance and to better manage the land. During January 2004, SPP and EMG undertook to investigate and report on the nature and content of the rights of the members of the community in relation to the rights of the co-owners so that the community could be assisted to formulate a strategy for the achievement of their developmental objectives. In February 2004, SPP conducted an extensive research study on how the community members hold, use and transact rights in land. While participatory action research was the overall research paradigm, the particular research technique used for the Melkkraal case study was participatory rural appraisal (PRA). PRA is an action research tool or technique that involves community members defining and working to solve local concerns. As a result of the use of PRA the following research phases were drafted: The first phase of the research entailed the collection and analysis of archival data to develop an understanding of the co-ownership and its co-owners and to develop a genealogy of the co-ownership. The second phase entailed conducting field work at Melkkraal in terms of interviewing the heads of each household as well as an interview with the land management committee. Phase three entailed a follow up visit to Melkkraal, a presentation of a progress report, a participatory mapping session and a focus group workshop on the various land uses at Melkkraal. The final phase of the research included another follow up visit to Melkkraal, the completion of the research analysis and the development of a final report that was presented to the community. The final presentation entailed a workshop explaining the land rights of the various households and a discussion of the way forward. The research findings revealed that very little difference exists between the non-owning residents and the co-owners in terms of how land is used and transacted. This was attributed to the evolution of the social land ethic such that one can speak of the Melkkraal farm as a common property regime. Therefore, in practice there is no difference between a non-owning resident and a co-owner. The findings also revealed that just cause can be shown to apply for a declaratory order to invoke the Interim Protection of Informal Rights Act 31 of 1996. A successful application will mean that the existing informal rights in land of the non-owning residents will be elevated to the status of real rights in property.

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Georghiades, George. « An exploration of conflict related to land holding entities in the South African land reform process ». Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/15600.

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This evaluative study aims to identify and analyse conflicts within the South African land reform process that have manifested within Communal Property Institutions, and so doing, devising and providing a mechanism that will assist conflict practitioners to approach these conflicts in an informed manner. It further intends to provide for an approach in order to restore social justice to the land reform process, and so doing, suggesting resolution mechanisms to assist in the process for the reasons that this restoration of land rights was originally intended. This study further seeks to investigate the causes, actions and consequences of protagonistic land claimants and beneficiaries within the land reform process, who have created conflict within their communal property institutions, at the expense of those beneficiaries who are subsequently deprived of their land rights. According to Coate and Rosati (1988), human needs are a powerful source of explanation of human behaviour and social interaction. All individuals have needs that they strive to satisfy, either by using a system of “acting on the fringes” or acting as a reformist or revolutionary. Given this condition, social systems must be responsive to individual needs, or be subject to instability and forced change, possibly through violence or conflict). Humans need a number of essentials to survive. According to the renowned psychologist Abraham Maslow and the conflict scholar John Burton, these essentials go beyond just food, water, and shelter. They include both physical and non-physical elements needed for human growth and development, as well as all those things humans are innately driven to attain. For Maslow, needs are hierarchical in nature. That is, each need has a specific ranking or order of obtainment. Maslow's needs pyramid starts with the basic items of food, water, and shelter. These are followed by the need for safety and security, then belonging or love, self-esteem, and finally, personal fulfilment (Rothman J, 1997). Burton and other needs theorists who have adopted Maslow's ideas to conflict theory, however, perceive human needs in a different way, being rather as an emergent collection of human development essentials (Burton J, 1990). Furthermore, they contend needs do not have a hierarchical order. Rather, needs are sought simultaneously in an intense and relentless manner (Rothman J, 1997). Needs theorists' list of human essentials include safety, a sense of belonging (love), self esteem, personal fulfilment,identity, cultural security, freedom, distributive justice, and participation. The South African land restoration process relies largely on the Constitution of South Africa (1996), with the preamble thereof as its tenets. The three land reform programmes that emanate from the Constitution are the Land Redistribution Programme, the Land Tenure Reform programme, and the Land Restitution programme, which have been used in this study as the point of departure from which deviations are measured and analysed. A number of Communal property Institutions have been considered, the findings of which have been evaluated, investigated and analysed, in order to achieve the aims of this study.

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Ncapayi, Fani. « Land demand and rural struggles in Xhalanga, Eastern Cape : who wants land and for what ? » Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The study explored and investigated demand and struggles for land in the communal areas of South Africa with particular reference to Luphaphasi in the former Xhalanga magisterial district, in the Eastern Cape. The study argued that despite arguments about proletarianisation and conversion of rural land users into wage laborers, leading to assumptions that there was less interest in land use by rural people, there is and has always been demand and struggles for land in communal areas such as Xhalanga.

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Leibbrandt, Amy Elizabeth. « Architecture without Land : access to land, secured with land tenure as development strategy in critical neighbourhoods, in South Africa ». Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/63679.

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Architecture without Land postulates the role of architecture without the promise of the ownership of land. It investigates the provision of land, secured with land tenure, as a development strategy in critical neighbourhoods, specifi cally Westbury, Johannesburg. It is situated within the urban land question and opportunity of land, characterised by continual redevelopment within strict urban boundaries and multiplicity of use, and addresses the fragments of apartheid city planning, particularly the question of ownership of land. Title deeds are not always practical or appropriate solutions. Fixed ownership could stagnate the process of continual redevelopment of land and hence of the social development in a low income neighbourhood. The opportunity of land tenure, as opposed to ownership, aids fl exibility and appropriation by tenants including the continual redevelopment of a site. Tenure of land, allows the tenant organisation to expand, insert or subtract their built manifestation in relationship to their economic conditions, reducing ineffi cient land use. This approach responds to change in mainly two ways; internal changeability (Architecture host to change) and external changeability (Land host to change). Land host to change; orders the permanent (stable) built fabric, predetermining structure, service and external space. Tenant dependency on stable built fabric (architecture as method) is articulated in a scale understanding of facility and connection (service point). This interaction is expressed in use of space, fi t-out, infi ll and/or insert with the condition of easy removal at end of use. Access to land and space are vital to the project as poverty is deeply spatial and ownership of land intertwined with the legacy of apartheid. This dissertation will focus on the appropriation of land, tested with social infrastructure such as early childhood development, mothers training, shisa nyama, a medical unit supported by affordable rental housing, hosted in a 66m by 36m land parcel, supporting compact city development and densifi cation in the suburb of Westbury Johannesburg.
Mini Dissertation (MArch (Prof))--University of Pretoria, 2018.
Architecture
MArch (Prof)
Unrestricted

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Germis, Emmanuel. « The Examination of Land Tenure and Income Security Among Oil Palm Land-Poor Migrant Farmers of West New Britain ». Thesis, Curtin University, 2019. http://hdl.handle.net/20.500.11937/76110.

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This thesis examines the “purchase” of customary land in two villages in Papua New Guinea. My research shows that there has been a steady increase in the formalisation and documentation of land access arrangements by migrants in the two study sites. Despite this trend, the maintenance of social relationships and socio-cultural obligations remain essential for maintaining tenure security. This research contributes towards customary land tenure arrangements and the customary land reform program in PNG.

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Lebert, Thomas Siegfried. « Land tenure reform in Namaqualand : elite capture and the new commons of Leliefontein ». Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This thesis provides a detailed examination of the development and implementation of a commonage management system on newly acquired municipal commonage in the Leliefontien communal area of Namaqualand, South Africa. This commonage has been acquired ostensibly for use by all of the Leliefontien's residents. A Commonage Committee made up of community members and state representatives manages this land on behalf of the municipality.

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Halabi, Mohamad-Bassim. « Illegitimate settlements in West Beirut : a manipulation of tenure policies and class struggle over land ». Thesis, Massachusetts Institute of Technology, 1988. http://hdl.handle.net/1721.1/74345.

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Sibanda, Darlington. « Urban land tenure, tenancy and water and sanitation services delivery in South Africa ». University of the Western Cape, 2018. http://hdl.handle.net/11394/6051.

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Philosophiae Doctor - PhD (Land and Agrarian Studies)
The aim of the study was to develop a clear understanding of the relationship between land tenure, tenancy and water and sanitation services development planning and delivery in the context of rapid urbanisation in post-apartheid South Africa. The study revolved around mismatches which exist due the largely binary polarisation of urban land tenure in the form of the 'formal' and 'informal' view by municipalities which rely on technocratic approaches on one hand, and fragmented, sectorial interventions, to basic services delivery on the other. In addressing the problem for the research, emphasis was on lower-income working class neighbourhoods in the Western Cape Province, City of Cape Town in particular. Using a mixed methods approach where both quantitative and qualitative methods were used, data was collected from the following study sites: Nkanini (Khayelitsha), Mshini Wam (Joe Slovo Park, Milnerton), Langa (Old Hostels) and Kensington. These study sites were carefully selected for contrast and comparison, as the initial research in the area has revealed various prior tenure arrangements.

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Titlestad, Sally Margaret. « What's in the pocket ? : a critical history of land inscriptions in the Bishoplea area of upper Claremont during the British rule at the Cape (1806-1910) ». Master's thesis, University of Cape Town, 2004. http://hdl.handle.net/11427/5583.

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Johnson, Ebrezia. « Communal land and tenure security : analysis of the South African Communal Land Rights Act 11 of 2004 ». Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2165.

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Thesis (LLM (Private Law))--University of Stellenbosch, 2009.
ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhere to this peremptory provision in the Act are explained. The thesis also analyses and discusses the functions of statutorily created institutions, like the land administration committee and the land rights boards, in the efficient management of land in rural areas. The aforementioned land administration committee is particularly problematic, since the Act provides that in cases where a recognised tribal authority exist, that institution “may” be considered as the land administration committee, subject to prescribed composition requirements as contained in the Act. The Traditional Leadership and Governance Framework Act will also be discussed since it intersects with the Communal Land Rights Act in this regard. The pending constitutional challenge which relates to this potentially problematic issue, will be discussed. The constitutional challenge of the Act by four communities’ is explored in order to indicate just how potentially problematic the institution of traditional leadership could be. vi This study also discusses and analyses the compromise contained in the Act, regarding the registration of the land title of a community and the registration of “new order rights” in the name of individuals. In this context the impact of this process on the efficacy on the current Deeds registration system is investigated. The Ministerial determination and its constitutional implications is yet another issue, examined in this study. All of these issues will have a negative impact on the implementation of the Communal Land Rights Act and especially on achieving tenure security.
AFRIKAANS OPSOMMING: In hierdie tesis word die Wet op Kommunale Grondregte 11 van 2004 geanaliseer om te bepaal of dit inderdaad voldoen aan die grondwetlike mandaat soos voorsien in art 25(5), (6) en (9) van die Grondwet. Die beleid van toepassing op grondbeheerhervorming word bespreek om te bepaal tot watter mate dit wel in die Wet aanwending vind. Die tydrowende prosedure van die registrasie van gemeenskapsreëls word ondersoek, asook die implikasies indien ‘n gemeenskap nie aan die voorskriftelike bepaling voldoen nie. Die tesis bespreek en evalueer ook die funksies van die twee instellings wat statutêr geskep is, naamlik grond administrasie komitees en grondregte rade. Die twee instellings is geskep met die doel om van hulp te wees in die effektiewe administrasie van grond in die kommunale areas. Dit is veral die grond administrasie komitee wat problematies is, omdat die Wet op Kommunale Grondregte bepaal dat waar ‘n gemeenskap ‘n erkende tradisionele owerheid het, hierdie owerheid beskou sal word as die grond administrasie komitee van daardie spesifieke gemeenskap. In hierdie konteks is ‘n bespreking van die Wet op Tradisionele Leierskap en Regeringsraamwerk, noodsaaklik. Die betwiste grondwetlike kwessie wat tot op hede nog onbeslis is wat hiermee verband hou, sal ook bespreek word. ‘n Kort uiteensetting word gedoen van die vier gemeenskappe wat die Wet op grondwetlik gronde aanveg om presies te probeer aantoon hoe problematies die instelling van tradisionele leierskap is. Hierdie studie bespreek en analiseer verder ook die kompromis wat getref is tussen registrasie van die titelakte in die naam van ‘n gemeenskap en die viii registrasie van sogenaamde “nuwe orde regte” in die naam van individue. Die impak van hierdie magdom registrasies op die bestaande registrasiesisteem word ook oorweeg. Die grondwetlikheid van die ministeriële besluitnemingsbevoegdheid word breedvoerig bespreek in hierdie studie. Al hierdie genoemde kwessies mag nadelige impak hê op die implementering van die Wet op Kommunale Grondregte en spesifiek ook op grondbeheerhervorming.

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21

Smit, David. « Towards a tenure system for sustainable natural resource management for the communal and commonage land of the Leliefontein rural area, Namaqualand ». Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8792_1183462957.

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The aim of this research is firstly, to determine the impact of the current practiced tenure system in the Leliefontein Rural Area on the use of the natural resources and secondly, to devise and establish the most appropriate tenure system that will ensure the sustainable natural resource management on the communal and commonage land of the mentioned area. Quantitative questionnaires, review of relevant literature from documentation, research studies and reports were used to gather information and provide contextual insights. A wide spectrum from the Leliefontein Rural area specifically, Namaqualand in general and other semi-arid and communal areas in Southern Africa were covered with the gathering of the secondary data.

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22

Fortin, Elizabeth. « Arenas of Contestation : Policy Processes and Land Tenure Reform in Post-Apartheid South Africa ». Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6486_1264557568.

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This thesis considers different groupings that have come together in their participation in the policy processes relating to tenure reform in post-apartheid South Africa. It is methodologically and theoretically grounded in Bourdieu&rsquo
s notion of cultural &lsquo
fields&rsquo
, spaces of ongoing contestation and struggle, but in which actors develop a shared &lsquo
habitus&rsquo
, an embodied history. In these land reform policies and law-making activities, individuals and groups from different fields &ndash
the bureaucratic, activist and legal &ndash
have interacted in their contestations relating to the legitimation of their forms of knowledge. The resulting compromises are illuminated by a case study of a village in the former Gazankulu &lsquo
homeland&rsquo
&ndash
a fourth &lsquo
cultural field&rsquo
. Rather than seeing these fields as bounded, the thesis recognises the influence of wider political discourses and materialities, or the wider &lsquo
field of power&rsquo
. In each of the four very different fields, as a result of a shared history, actors within them have developed practices based upon particular shared discourses, institutions and values.

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23

Papier, Taswell Deveril. « Land rights and urban tenure : ownership and the eradication of poverty in South Africa ». Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13030.

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Includes bibliographical references.
This paper analyses De Soto's argument that the formalisation of property leads to economic development and accepts it on the premise that such formalisation is not a panacea but a possible weapon in the armoury against poverty in South Africa. A prerequisite to formalisation is land acquisition. However, the skewed land ownership statistic in South Africa necessitates a slow and cumbersome restitution process often impeded by excessive compensatory claims by land owners and exacerbated by the interpretation of section 25 of the Constitution by our Constitutional Court. An analysis of recent Constitutional Court decisions indicates that the court is developing a jurisprudence that takes into account the extreme nature and extent of past land dispossessions and the inequalities in wealth and land distribution. This approach could facilitate the expropriation and restitution of land as a deprivation, (in terms of section 25) which is found not to be arbitrary, is not an expropriation and in consequence would not require compensation. Formalisation can then follow. The paper argues further that formalisation in the strict De Sotan sense of western exclusivity of ownership is not suited to the South African situation. The 'bundle of sticks' approach to ownership on the other hand, allows formalisation to occur whilst taking cognisance of local realities. Thus, formalisation of tribal trust land could mean common ownership where the 'sticks' of exclusivity and alienation are excluded from the 'bundle' while other 'sticks', inter alia income, security, and right to manage are retained. In the urban context, it is mooted that formalisation could include all the 'sticks' (incidents of ownership) but may need to exclude the right to alienate (for a period) to combat the problem of reverse titling. The Richtersveld formalisation model is examined as a case study since it includes both the rural and urban contexts in one formalisation model. It is within this case study that a further 'stick' in the 'bundle' is identified, viz. capacity building and training, as it is seen to be essential that the affected community understands the formalisation model applied. This paper concludes that formalisation as postulated by De Soto could serve as a catalyst for poverty eradication if it takes proper account of South African realities, and on the understanding that formalisation should reflect 'sticks' in the 'bundle' which maximise a community's ownership whilst mitigating anticipated problems.

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24

Bain, Caroline Louise. « Interactions between the Land Surface and the Atmosphere over West Africa ». Thesis, University of Leeds, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.491661.

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The north-south gradient in surface temperature and rainfall in West Africa leads to the summertime monsoon circulation. Here, the full extent of the relationship between the land surface and the atmosphere is discussed with particular reference to the impact that soil moisture has on the atmosphere at different spatial scales. Observations from the AMMA field campaign in 2005 and 2006 are combined with satellite analysis and model simulations to discuss various interactions between the land surface and the atmosphere. Tethered balloon observations from Mali in August 2005 are used to assess the characteristics of the nocturnal boundary layer. It is observed that a stronger surface temperature inversion after sunset leads to a faster nocturnal jet, and these findings are further investigated using surface station data. Case studies of two nights of observations are used to discuss the variation of observed boundary layer structures. It is found that on nights where the nocturnal jet is weaker, the winds align with African Easterly Wave (AEW) circulations on the larger scale. . Following this, the impact that AEWs had on sl1rface properties is examined. Flux data from Niamey showed little statistical correlation with wave passage. It is suggested this could be partly due to the study year having more westerly initiating waves than climatology. The inducement of circulations by soil moisture inhomogeneities are discussed in regard to previous literature, where a moist cool surface leads to high pressure and anticyclonic circulation. The relation of this theory to the synoptic scale is investigated using a case study from 25-29 July 2006. During this time, an unusually-structured AEW left a distinct synoptic 'wave' pattern of soil moisture in the Sahel region due to its modulation of convection. The structure of this wave and the initial conditions which lead to the soil moisture pattern are discussed. The atmospheric impact of the soil moisture wave is investigated using the Met Office Unified Model. It is found that th~ enhanced soil moisture leads to a cooler, moister, . thinner boundary layer. This leads to divergent winds at low levels and a reduction in the monsoon flow due to the reduction in the north-south pressure gradient. There is indication that low-level anticyclonic circulations are enhanced. The enhanced soil moisture wave also leads to an increase in easterly winds at the African Easterly Jet level: it is shown that this is due to a decrease in boundary layer height and a reduction in turbulence. Inspection of wave energetics shows the case study wave appears to be in a decaying phase. There is evidence that the soil moisture wave increases the thermal decay by decreasing the temperature behind the trough in the warm region, reducing the temperature eddies and re-establishing the zonal temperature gradient. This study has implications for weather forecasting as the results suggest that patterns in soil moisture on the large scale are able to alter atmospheric dynamics at the synoptic scale within the time frame of a few days. This leads to further questions as to whether a realistic representation of soil moisture in mo.dels would lead to an improvement in the simulation 'of tropical synoptic dynamics.

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25

Yanou, Michael A. « Access to land as a human right the payment of just and equitable compensation for dispossessed land in South Africa ». Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1003214.

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This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.

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Ibrahim, Yahaya Zayyana. « Vegetation and land cover change in the context of land degradation in sub-Saharan West Africa ». Thesis, University of Leicester, 2017. http://hdl.handle.net/2381/39744.

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Land degradation has been a serious environmental problem in dryland areas where moisture supply is limited. This thesis aims to assess vegetation and land cover change in the context of land degradation in the sub-Saharan West Africa, a hotspot of environmental change. The study combines various approaches which include statistical trend analysis of satellite derived Normalized Difference Vegetation Index (NDVI) residuals, indigenous knowledge of vegetation changes, and land use land cover change analysis to determine the spatial and temporal changes in vegetation and land cover in the context of land degradation over a 30-year period. Results have shown that, in spite of the ongoing scientific debate around the greening trend observed by satellite data in the past three decades, evidence of land degradation is very pronounced in the region, particularly when a soil moisture index is used in the residual trend analysis to correct for vegetation productivity instead of instantaneous rainfall. They also indicate a declining rate of diversity and density of indigenous wood vegetation species at the study sampling sites (p < 0.05), with nearly 80% of all the identified species found to have become either completely extinct or migrated to a region with sufficient moisture conditions. A continued decrease of closed forest and an increase in croplands were found, with agricultural land use being the major driving force of land cover change, and across the region nearly all the areas found under severe land degradation are croplands. This thesis has shown the importance and relevance of an interdisciplinary approach for land degradation studies. Future studies should go beyond the analysis of NDVI trends based on rainfall as the major driver of vegetation change. Instead, an integrated method should be used which will combine soil moisture, indigenous knowledge of vegetation and land cover and land use conditions as it would provide much more comprehensive data that can be used to support the vulnerable communities in sub-Saharan West Africa whose livelihoods rely on ecological resources.

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27

Selane, C. B. D. « A Legal Analysis of Expropriation of Land without Compensation in South Africa ». Thesis, University of Limpopo, 2019. http://hdl.handle.net/10386/3044.

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Thesis ( LLM.) --University of Limpopo, 2019
For decades, land reform and land redistribution have been tensely contested issues across the entire African continent. It is particularly worse in countries that experienced the wrath of colonisation, and imperialism, and apartheid in the case of South Africa. This is because the historical dispossessions of land resulted in major displacements, disenfranchisements, underdevelopment, socio-economic vulnerabilities, and thus, poverty in the end. To a large extent, such abysmal experiences of land dispossessions are responsible for the present pervasive social and economic inequalities besieging majority of proletariat masses. Worth noting is the fact that even after the passing of the Universal Declaration of Human Rights Convention of 1948, human rights violations against the native people of South Africa continued unabated. Against this backdrop, this mini-dissertation set out to conduct a critical analysis on whether expropriation of land without compensation is practicable, at least constitutionally speaking, especially within the context of rights-based approaches to property law, juxtaposed with the post 1994 truth and reconciliation initiatives, and the Constitution’s so-called transformative agenda. It is appreciated that section 25 of the Constitution, 1996 in its present does not prohibit expropriation of land. However, it is asserted that to enhance necessary impetus to the law, the decision of the National Assembly (legislature) to embark on a process of amending section 25 is justified. This is because there is a need to expressly insert a clause or sub-clause which shall, with absolute certainty, enable expropriation of land without compensation in order that the post-1994 dispensation does not get caught on the wrong side of constitutional supremacy system of governance. The fact that the legislature embarked on a process that seeks to conform to the rule of law is commendable, because it confirms a widespread commitment of transforming the country’s social, legal and political realities, within the confines of the Constitution

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28

Wächter, Felix. « An investigation of the South African land reform process from a conflict resolution perspective ». Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1272.

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This research study aims to investigate the South African Land Reform process from a conflict resolution perspective. According to Burton’s basic human needs theory deep-rooted social conflict will occur wherever social institutions neglect universal basic human needs. Excess to land and land tenure are considered basic human needs because they provide landowners with food, shelter and security. In absence of an extensive welfare state, land ownership fulfils the role of a social safety network, particularly in African countries. Consequently, an equal distribution of land is needed in order to enable the majority of South Africans to fulfil their basic human needs. The instrument chosen for correcting the inequalities in land distribution are the three components of the South African land reform programme namely tenure reform, restitution and redistribution. The South African Land Reform Programme was largely influenced by the World Bank’s ‘Willing-Seller Willing- Buyer’ or ‘Negotiated Land Reform Approach’. Nevertheless, the South African model differs from the original concept by the World Bank in some aspects. The outcome of the Land Reform Process is analysed and evaluated by the on-going evaluation approach. All sources used in this research are open to the public and published either on official websites or in hard cover version in reports and articles. The results of this investigation indicate that the target of redistributing 30% of white-owned agricultural land by the year 2014 is not going to be accomplished. Nevertheless, the settlement of claims can be considered a success story although most of the claims were settled by means of cash compensation instead of actual land transfer. Furthermore, a change in the land acquisition policy from a demand-led approach based on the negotiated land reform principle towards a more static, state-led, top-down approach has been identified as well as shortcomings in the post-settlement support of new landowners. To put it briefly, the land reform process in toto is about to fail and a chance of reducing the enormous conflict potential given away. Furthermore, the conflict potential will increase due to the failures in providing the poor and rural masses with access to land.

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29

Van, Rooyen Jonathan. « Land reform in South Africa : effects on land prices and productivity ». Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1002721.

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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.

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30

Stevens, Emma, et n/a. « The Kaati Mamoe hapuu of Mahitahi : a question of mana ? » University of Otago. Department of History, 1994. http://adt.otago.ac.nz./public/adt-NZDU20070601.100136.

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Kaumaatua of the Te Koeti Turanga hapuu (sub-tribe) of South Westland have expressed concern that the mana of their Kaati Mamoe ancestors has been trampled on and their identity subsumed through union with the Kai Tahu tribal confederation. The history of the Kaati Mamoe iwi in the South island has been marginalised by the subsequent arrival of a number of hapuu of the Ngaati Kahungunu in the seventeenth century. The conflict which ensured following this gradual migration has traditionally been interpreted as marking the end of a Kaati Mamoe identity in the island. Complexity has been added to this situation as a result of European colonisation in the nineteenth century. The purchase by Pakeha of vast tracts of land in the South Island, and the failure to exempt the reserves promised, put pressure on the takata whenua�s land base and resources. The Crown�s refusal to acknowledge and redress the grievances of South Island Maori over the last hundred years has obliged the Kaati Mamoe to unite with the Kai Tahu. This process has served to further marginalise their identity, in this case in the southern rohe of the West Coast. The method that I have used in this work draws upon a number of disciplines. Oral history and written records of the Te Koeti hapuu form the central sources and to this extent this work may be described as being written from a Kaati Mamoe perspective. I have undertaken a review of the material recorded by European collectors of South Island Maori tradition in order to understand the way in which their reports have shaped the European view of South Westland Maori. And finally a review of the archaeological record has been included in order to provide information about the everyday material life of the ancestors of the South Westland hapuu. A number of conclusions have been reached in this thesis. Firstly that the peace arrangement at Popoutunoa which has been viewed by Kai Tahu as marking the end of a Kaati Mamoe identity is not necessarily the view of many Kaati Mamoe descendants. The historical record shows that a number of individuals continued to fight the Kai Tahu due to tribal differences while others continued to live alongside Kai Tahu in peace. As throughout much of Aotearoa, the importance of the hapuu as a source for an individual�s identity in Maori society prior to European colonisation has been over-shadowed. In the case of the South Westland people union with Kai Tahu, which was vital in the face of the loss of land, has been interpreted as the loss of their affiliation and identity with Kaati Mamoe.

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31

Hendricks, Fred T. « The pillars of Apartheid : land tenure, rural planning and the chieftancy / ». Stockholm : Almqvist och Wiksell, 1990. http://catalogue.bnf.fr/ark:/12148/cb355139381.

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32

Zikhali, Precious. « Land reform, trust and natural resource management in Africa / ». Göteborg : [Department of Economics, School of Economics and Commercial Law] : University of Gothenburg, 2008. http://hdl.handle.net/2077/18382.

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33

Mfuywa, Sigqibo Onward. « Factors affecting the functioning of the pro-active land acquisition strategy in the Buffalo City Municipal area ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1011786.

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A Pro-active Land Acquisition Strategy is an aspect of the land reform programme which is aimed at speeding up land acquisition. The distinct feature of this approach is that the State acquires land pro-actively and then identifies beneficiaries who then become leaseholders. In other land reform programmes the land is acquired by the state and transferred to the beneficiaries, who then own the land. The Pro-active Land Acquisition Strategy was approved ‘in principle’ in July 2003, and included Ministerial provisions that an implementation plan be developed prior to the implementation of the strategy in 2006. The Pro-active Land Acquisition Strategy deals with two possible approaches: a needs-based approach and a supply-led approach, but essentially focuses on the State as the lead driver in land redistribution, rather than the current beneficiary-driven redistribution (Pro-active Land Acquisition Strategy, 2006:4). The Department of Land Affairs Pro-active Land Acquisition Strategy implementation plan (2006:4) further outlines the important elements in order to contextualize the Proactive Implementation Framework, and to stress the revision of the plan in terms of the “new trajectory”. The strategy shifts from the principle that there is a need or demand for land. It is not driven by the demand of beneficiaries, but rather state-driven. This means that the State will target proactively land and compare this with the demand for land.

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34

Yeboah, Eric. « An exploration of the relationship between customary land tenure and land use planning practices in Sub-Saharan Africa : evidence from Ghana ». Thesis, University of Liverpool, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.569526.

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Sub-Saharan Africa (SSA) is urbanising at a phenomenal rate, although largely on unplanned and unsustainable basis. This has resulted in the creation of negative externalities of urbanisation such as slums with an estimated 7 in 10 urban dwellers living in haphazardly designed settlements. Whereas some commentators attribute this state of affairs to the customary land tenure practices, others cite institutional ineptitude as the cause of the failed state of planning delivery. The aim of this thesis is to search for a more comprehensive understanding of the linkages between customary land tenure systems and other factors such as the institutional framework, and how these contribute to the defective state of land use planning regime in SSA. The first part of the research methodology reviewed the relevant literature in order to identify the theoretical issues relevant to the aim and objectives of the study. The literature survey also provided the basis for designing a methodology for the empirical research. In conducting the empirical research, the mixed method strategy (thus both quantitative and qualitative methods) was employed. A combination of questionnaire survey, interviews, focus group discussion and documentary materials were employed to examine the nature of relationship between customary land tenure, the state of planning institutions and land use planning in SSA using Ghana as the case study. In terms of the institutional setback for planning delivery, four challenges were identified as follows. Firstly, it was established that there is high incidence of political manipulation of the planning process for electoral gains. Secondly, it was also established that planning laws are generally obsolete and hardly ever relevant to the demands of modem conditions. Inadequate funding for planning activities was also found to be a major institutional setback for planning delivery. Finally, it was also identified that there is shortage of the needed human resource capacity to meet the growing demand for planning services. In terms of how customary land tenure practices contribute to ineffective land use planning, the study established that chiefs and tribal elites who are responsible for the management of customary lands unilaterally prepare 'land use plans' without the knowledge or endorsement of the designated planning authorities. In other instances too, chiefs alter duly prepared and approved land use plans. In both cases, they rely on unprofessional planners and surveyors. Therefore, plans prepared by unprofessional planners become the basis for guiding human settlement growth. The study also established that land title under customary tenure is generally insecure. This is because duly acquired land which is vacant may either be encroached upon, or may be allocated to other prospective developers by customary landholders. Therefore, developers hurriedly build on their land in an attempt to secure their land rights. In the process, these developers generally fail to comply with existing land use planning regulations. Based on findings from the study, it has been argued that there is the need for culture change in order to improve planning delivery. In this regard, the study recommends that future planning reforms should be pursued through public-private land management strategy such as land pooling. Other recommendations to ameliorate the institutional challenges are also offered.

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35

Tyala, Sindiswa. « Towards expediting land claims : a case study of Fairview, Port Elizabeth ». Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1127.

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In 1994, South Africa’s political dispensation changed when the African National Congress (ANC) came into power. For most people, that meant that their aspirations and wishes would be fulfilled. The main objective of the new government was to redress past imbalances. The land question was one item on their agenda. In South Africa, land ownership has long been a source of conflict. The South African history of dispossession and forced removals and racially–skewed distribution of land resources has left Africans with a complex and difficult legacy (Christopher,1987).The issue of land had been an emotional issue affecting many people in South Africa. The struggle for land and access to land in South African history gave rise to many conflicts and loss of lives. The restitution of land rights in South Africa has been a highly contentious and emotive issue. The pain, anger and frustration of those affected by the implementation of racially based discriminatory measures of the past, cannot be denied. Confronting and redressing the anguish of the past has proven to be central to the process of reconciliation within a transformed political dispensation in South Africa (South African White Paper on Land, 1991a). The Constitution of South Africa and The Restitution of Land Rights Act (Act No. 22 of 1994) have firmly established the rights to claim restitution in accordance with the provision of justice and equity for all South Africans. During such a long process, it has been noticed in the suburb of Fairview, Port Elizabeth that some claimants ultimately received their land and compensation, some died before they received absolutely nothing and some old, poor and illiterate claimants are still struggling to claim their land or compensation. Fairview was formerly known as Baakens River Farm in 1810. It was situated far from the city centre and formed part of the Walmer Municipality. Initially, it was owned by John James Besny. In 1826 the farmer was bought by John Parkin and he later sold half 2 of it to Robert Newcombe before 1849. Robbert Newcombe named his half of the farm Fairview (Harradene, 2000). In 1933, Fairview became part of the Walmer Municipality. In 1967 Walmer became part of the Port Elizabeth Municipality. Fairview developed as a township of low density and became increasingly heterogeneous in nature. Davies (1971:10) claimed that the largest concentration of properties were owned and occupied by Coloured people, followed by Chinese, Blacks and Indians. The majority of the residents were Coloured. According to Sampson (1994), the plot sizes in Fairview were relatively large, either 0,8 ha or 0,2ha. Sampson also claimed that no business sites were distinguished, but businesses were established by the Chinese on residential plots. During the apartheid era, Fairview was one of the lands declared as a “Controlled Area”. The Group Areas Act also affected Fairview, even though the removal of the people in Fairview was not as pressing as it was to other suburbs due to its location at a relative distance from the city (Davies, 1970). As a result an increase in the Coloured population in Fairview was noticed between 1960 and 1970 as people faced eviction from central city areas such as South End. The people moved to Fairview with the hope that the area would be proclaimed a Coloured area. Unfortunately for those who ran to Fairview, people in Fairview were also removed from 1970s to other areas like New Brighton Location and other areas in Korsten. The last removal of people in Fairview took place in 1984 (Eastern Province Herald, 26 October 1996). After 1994, the introduction of the Restitution of Land Rights Act made provision for the establishment of a Commission on the Restitution of Land Rights and a Land Claims Court to adjudicate all claims lodged with the Commission as from 1 May 1998 (Land Info., 1996). Disputes with land owners over prices, validity of the claims and resistance to give away land, led to referral of some claims to the Land Claims Court. Although some research has been undertaken on Fairview, there is a vacuum of research into the problems faced by claimants in this area. The problems faced by claimants meant that some died while they were still busy with the process and some are still struggling to make a claim, and recently some were successful. 3 The focus of this study is to examine the process of the Fairview land claim, and as a recommendation, I wish to come up with suggestions for making the process easier for claimants.

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Ngcaba, Siyanda Vincent. « The decline of agriculture in rural Transkei : ʺthe case of Mission Location in Butterworthʺ ». Thesis, Rhodes University, 2003. http://hdl.handle.net/10962/d1003084.

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The following dissertation sets out to investigate the decline of agriculture in Mission location at Butterworth, Transkei, using the Rehabilitation Scheme as a benchmark. The scheme was introduced in 1945 to combat soil erosion and improve agriculture in the African reserve areas, as the South African government claimed. The dissertation argues that this claim by the government served to mask the real intentions behind the scheme namely, to regiment the migrant labour system by depriving as many Africans as possible of productive land so that they were unable to fully subsist by means of agriculture. This is further shown by analysing the impact of the Rehabilitation scheme in Mission location in which a substantial number of people lost arable land as a result of the implementation of the scheme in 1945. These people were consequently denied the wherewithal to subsist by agriculture. Moreover, the efforts of the government resulted to a modernisation of agriculture by making it more cash-based- for example through the introduction of fencing, the need for tractors as a result of a decline in stock numbers (in part as a result of stock culling). Most people could hardly afford this type of agriculture and were consequently forced off the land. The dissertation concludes that indeed the decline of agriculture in Mission location can be linked to the changing agricultural and land-holding practices brought about by the government- especially the introduction of the Rehabilitation scheme.

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Kamkuemah, Anna Ndaadhomagano. « A comparative study of black rural women's tenure security in South Africa and Namibia ». Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71692.

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Thesis (LLM)--Stellenbosch University, 2012.
Includes bibliography
ENGLISH ABSTRACT: The South African land question presents complex legal and social challenges. The legal aspects of land are inextricably linked to other socio-economic aspects, such as access to housing, healthcare, water and social security. The Constitution provides for land reform in the property clause - section 25. This clause, while seeking to redress the colonial land dispossessions, by means of a tripartite land reform programme, also protects the property rights of all. The different legs of the land reform programme are redistribution, which is aimed at enabling citizens to access land on an equitable basis; restitution, which sets out to restore property rights or grant equitable redress to those dispossessed of land as a result of past racially discriminatory laws or practices and finally tenure reform. Tenure reform is premised on transforming the landholding system of those with legally insecure tenure as a result of past racially discriminatory laws or practices or granting comparable redress. The primary focus of this thesis is on tenure security for black rural women in South Africa, while using the Namibian experience with regard of the same group as a comparison. Historically, before colonialism, landholding was governed by the customary law of the various tribes in South Africa. This landholding system underwent extensive change through the colonial era that ultimately led to a fragmented and disproportionate distribution of land based on race, with insecure land rights particularly in rural areas, where women are the majority. With the dawn of the Constitutional era, South Africa embarked upon a social justice project, based on a supreme Constitution, embodying human dignity, equality, non-racialism, accountability and the rule of law. Land reform forms part of the social project and is governed by the Constitution and influenced by both the civil and customary law. With the South African tenure context, policy documents, legislation and case law will be analysed. In this process the role of the stakeholders and other related factors, for example customary practices are also considered. The analysis indicates that case law has played a significant part in addressing women’s plight with regard to equality, tenure reform and abolishing suppressive legislative provisions and practices. It is furthermore clear that the different categories of women are affected differently by the overarching tenure and other related measures. For a legal comparative study, Namibia was chosen for the following reasons: (a) both South Africa and Namibia have a shared colonial and apartheid background; (b) both countries have a Constitutional foundation incorporating human rights and equality; and (c) both countries have embarked on land reform programmes. However, contrary to the South African position, both the Namibian Constitution and its National Land Policy are more gender-specific. Tenure reform is an on-going process in Namibia in terms of which specific categories of women have benefitted lately. To that end the gender inclined approach may be of specific value for the South African situation, in general, but in particular concerning black rural women. Consequently, particular recommendations, linked to the specific categories of women, are finally provided for the South African position, in light of the Namibian experience.
AFRIKAANSE OPSOMMING: Die Suid-Afrikaanse grondkwessie beliggaam ingewikkelde regs- en sosiale uitdagings. Die regsaspekte wat verband hou met grond is ook onlosmaaklik gekoppel aan sosio-ekonomiese kwessies, soos byvoorbeeld toegang to behuising, gesondheidsdienste, water en sosiale sekuriteit. Die Grondwet maak vir grondhervorming in die eiendomsklousule, artikel 25, voorsiening. Die eiendomsklousule beoog om koloniale grondontnemings (deur ‘n drie-ledige oorhoofse grondhervormingsprogram) aan te spreek en terselfdertyd eiendomsregte te beskerm. Die oorhoofse grondhervormingsprogram bestaan uit herverdeling, waarmee billike toegang tot grond vir alle burgers bewerkstellig word; restitusie, waarvolgens herstel (of ander billike vergoeding) vir persone en gemeenskappe wat grond en regte as gevolg van rasdiskriminerende maatreëls verloor het, bewerkstellig word en laastens grondbeheerhervorming. Grondbeheerhervorming behels die aanpas of opgradeer van grondbeheervorme (of die betaal van billike vergoeding) in gevalle waar regte onseker (of swak) is weens rasdiskriminerende maatreëls en praktyke van die verlede. Die hooffokus van die tesis is op die regsekerheid (al dan nie) van grondbeheer van swart landelike vrouens in Suid- Afrika, met die Namibiese ervaring as regsvergelykende komponent. Histories, voordat kolonialisme ingetree het, was grondbeheer deur die tradisionele inheemse reg van die verskillende gemeenskappe in Suid-Afrika gereguleer. Hierdie grondbeheersisteme het grootskaalse verandering gedurende die koloniale tydperk ondergaan. Dit het eindelik tot ‘n rasgebaseerde, gefragmenteerde sisteem gelei waarvan die verdeling van grond disproporsioneel was en die grondbeheervorme regsonseker, veral in die landelike gebiede waar vrouens die meerderheid van die bevolking uitmaak. Toe die grondwetlike era in Suid-Afrika aanbreek, is daar met ‘n sosiale geregtigheidprojek (heropbou en ontwikkeling) begin. Hierdie benadering is op die Grondwet gefundeer waarin menswaardigheid, gelykheid, nie-rassigheid, rekenskap en regsorde beliggaam is. Grondhervorming vorm deel van die oorhoofse projek en word deur die Grondwet bestuur en deur beide die nasionale en die Inheems reg beïnvloed. Met betrekking tot die Suid-Afrikaanse grondbeheeristeem word beleidsdokumente, wetgewing en regspraak geanaliseer. In hierdie proses word die rol van belanghebbendes en ander verwante aspekte, soos byvoorbeeld Inheemse partyke, ook oorweeg. Die analise dui aan dat dit veral ontwikkelings in regspraak is wat ‘n groot bydrae gelewer het om vrouens se stryd om gelykheid en sekerheid van grondbeheer te bevorder en wat gelei het tot die afskaffing van onderdrukkende wetgewende maatreëls en praktyke. Dit is verder ook duidelik dat verskillende kategorieë van vrouens verskillend deur die oorhoofse grondbeheer- en ander verwante maatreëls, geaffekteer word. Namibië is vir die regsvergelykende analise geïdentifiseer omdat (a) beide Suid- Afrika en Namibië ‘n koloniale en apartheidsgeskiedenis deel; (b) beide jurisdiksies ‘n grondwetlike basis het waarin menseregte en gelykheid beliggaam word; en (c) beide lande grondhervormingsprogramme van stapel gestuur het. In teenstelling met die Suid-Afrikaanse benadering, is die Namibiese Grondwet en die nasionale grondbeleid egter meer geslag-spesifiek. Grondbeheerhervorming in Namibië is ‘n aaneenlopende proses waaruit veral sekere kategorieë vrouens onlangs voordeel getrek het. Om daardie rede mag die geslag-spesifke benadering wat in Namibië gevolg word vir Suid-Afrika ook van waarde wees, nie net in die algemeen by grondbeheer nie, maar spesifiek ook met betrekking tot swart landelike vroue. In die lig van die Namibiese ervaring word daar ten slotte spesifieke aanbevelings tot die Suid-Afrikaanse sisteem, gekoppel aan bepaalde kategorieë van vroue, gemaak.

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Prinsloo, Alwyn. « A critical analysis of the LRAD sub-programme in the Gauteng Province of South Africa ». Pretoria : [S.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-08112009-114937/.

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Gong, Cuiling 1964. « The role of land-atmosphere-ocean interactions in rainfall variability over West Africa ». Thesis, Massachusetts Institute of Technology, 1996. http://hdl.handle.net/1721.1/38753.

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Jaricha, Desmond Tichaona. « Land redistribution and state decentralisation in South Africa ». Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013120.

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South Africa is a new democracy that has had to deal with many historical remnants of apartheid. One of the main remnants has been land dispossession and massive inequalities along racial lines of access to land for agricultural purposes. In countering this, the post-apartheid state has pursued land redistribution programmes since the end of apartheid in 1994, as part of a broader land reform project. Simultaneously, post-apartheid South Africa has been marked by significant state restructuring notably a process of state de-centralisation including the positioning of municipalities as development agents. Amongst other goals, this is designed to democratise the state given the authoritarian and exclusive character of the apartheid state, and thereby to democratise development initiatives and programmes. Land redistribution and state decentralisation in South Africa are different political processes with their own specific dynamics. They have though become interlinked and intertwined but not necessarily in a coherent and integrated manner. Within broader global developments pertaining to state decentralisation and land redistribution, the thesis examines the complex relations between these two processes in South Africa. In particular, I analyse critically the decentralised character of the land redistribution programme in South Africa. In order to concretise and illustrate key themes and points, I discuss a particular land redistribution project called Masizakhe located in Makana Municipality in the Eastern Cape Province.

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Tuta, Wonga Precious. « An investigation on the impact of the land redistribution and development (LRAD) programme with special reference to the Tsomo Valley Agricultural Co-operative farms ». Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/1126.

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The purpose of the research was to assess the policy impact of the Land Redistribution and Development (LRAD) Programme, which substituted the Settlement and Land Acquisition Grant (SLAG) programme. Both these policies were meant to make land accessible to previously disadvantaged groups including Africans, Coloureds and Indians, as part of land reform policies of the post 1994 democratic government. Due to some failures of SLAG after its first five years of implementation, which were from 1995 to 1999, the land redistribution policy was revised and the LRAD programme came as an improved policy of SLAG. There has not been much research on the impact of this programme, which has been implemented since August 2001.

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Sjöstedt, Martin. « Thirsting for credible commitments : how secure land tenure affects access to drinking water in Sub-Saharan Africa / ». Göteborg : Dep. of Political Science, Göteborg Univ, 2008. http://www.gbv.de/dms/zbw/561384681.pdf.

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Kurtz, June Margaret. « The Albania settlement of Griqualand West, 1866-1878 ». Thesis, Rhodes University, 1988. http://hdl.handle.net/10962/d1004665.

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The history of the Albania Settlement of Griqualand West is examined from its beginnings in 1866 to its demise in 1878. Albania was very much a product of its time. Nineteenth century British colonial policy was basically expansionist, despite minor fluctuations caused by the various influences affecting it, such as the Free Trade and Mercantilist doctrines, social factors within Britain and events within the colonies themselves. From 1815 colonial settlements were fairly common in British territory, especially after Wakefield had provided a convincing theoretical framework for them. Within South Africa itself there are differing interpretations of what motivated British policy and of the role of the missionaries, while the changing political and economic landscape markedly affected Britain's decisions. British Government settlement schemes were undertaken mainly for social or military reasons, but there were also many settlements founded by land speculators. The economically depressed 1860s hit the Eastern Cape hard and this, combined with the transition to sheep farming, which created considerable land hunger, made the Albania scheme attractive to Eastern Cape farmers. The Griqua people led by Andries Waterboer had made a great effort to establish hegemony north of the Orange River, over the Sotho-Tswana and other Griqua chiefs. By 1866 the attempt had failed and Free State farmers were encroaching onto Nicholas Waterboer's lands. When Waterboer's agent, David Arnot, proposed the establishment of a settlement of Albany men to act as a "Wall of Flesh", Waterboer accepted the idea. Arnot's motivation was also land speculation in an area where diamonds were likely to push up land values. From its inception the settlement was dogged by quarrels, mainly over land, amongst the parties involved - the Griqua, brutally removed to make way for the settlers; the settlers, dissatisfied with the land tenure system and their administration; Arnot; the British and the encroaching Boer farmers . After the 1871 annexation of Griqualand West, into which Albania was absorbed, it took seven years, two Land Commissions, a Land Court and a special Land Claims Commissioner to sort out the tangled claims and bring order to the area and Albania's history to a close.

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Hartley, Andrew James. « Improving projections of change in the ecosystem services of West Africa ». Thesis, University of Exeter, 2016. http://hdl.handle.net/10871/28145.

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Ecosystem services are the benefits people obtain from ecosystems. Quantifying these benefits and understanding how they may change under multiple future pressures, such as climate change or land use change, is a highly uncertain exercise. In managing ecosystems to be resilient to future changes, natural resource managers need the most accurate information available, but also need to be informed of when and where they can be confident, or not, in projections of change. In this thesis, I address many of the key aspects of uncertainty in projections of change in ecosystem services, with a particular focus on challenges in West Africa. I show where and for what variables climate models may be reliably used in ecological studies, providing important advice for interpreting the impacts of climate change on biodiversity. Furthermore, I show that uncertainty in climate observations can also have a significant impact on climate change adaptation decisions at both the species level and in terms of protected area management. I also address how vegetation in West Africa may respond to future climate change. I found that even after uncertainties in climate and land use were considered, carbon storage in West African tropical forests was projected to increase where forest degradation remained low or reduced; vegetation productivity was projected to increase in all parts of West Africa, with the exception of locations in the West Sahel where the largest reductions in precipitation were projected; and, importantly for protected areas, ecosystems were projected to shift northwards despite uncertainty in precipitation projections. I also show the sensitivity of 3 major land surface models to uncertainty in vegetation mapping, thereby providing guidance to the remote sensing community on priorities to improve land cover mapping and to the earth system modelling community on bounds of uncertainty in carbon, moisture and energy budgets due to vegetation mapping uncertainties. Lastly, in using the latest land-atmosphere coupled convection-resolving model, I show that it is possible to simulate the observed interaction between landscape heterogeneity and local and regional scale precipitation in West Africa. This provides a timely and relevant tool that will allow scientists and natural resource managers to more accurately assess the impact of changes in land use on the regional climate of West Africa.

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Fourie, Clarissa Dorothy. « A new approach to the Zulu land tenure system : an historical anthropological explanation of the development of an informal settlement ». Thesis, Rhodes University, 1993. http://hdl.handle.net/10962/d1002661.

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Mgaga, an informal settlement in KwaZulu, south of Durban, on Cele-Zulu polity land, had an indigenous, albeit urban, system of Zulu land tenure in 1980. Mgaga's transformation, from an area with scattered homesteads in 1959 to an informal settlement, was linked to local and external factors. The external factors were, regional industrialisation, urbanisation and apartheid policies which involved, the division of South Africa into ethnically based 'homelands'; controlled Black access to 'White' cities; an urban management system for 'homeland' townships, like Umlazi township which abutted Mgaga. Umlazi's development and urban management system involved, the resettlement of members of the polity; the removal of their office bearers from their posts; and the phased building of the township; which caused cumulative effects in Mgaga. I link these external factors to the behaviour of Mgaga's residents, who transformed the area's land tenure system, by using Comaroff's dialectical model (1982), where the internal dialectic interacts with external factors to shape behaviour at the local level. I analyze the Zulu ethnography to show that the internal dialectic in Zulu social organisation, and in Mgaga, is centred around fission and integration; and that the integrating hierarchy associated with Zulu social organisation and the Zulu land tenure system is composed of groups with opposed interests in the same land. Within this hierarchy entrepreneurship and coalition formation influence the transfer of land rights. Also, rather than rules determining the transfer of land in the land tenure system, processes associated with the interaction of external factors with the internal dialectic, within terms of the cultural repertoire associated with the system, shape local behaviour; and the system's rules are manipulated within this cultural repertoire by individuals striving for gain. This results in different manifestations of the internal dialectic in the Zulu land tenure system, i.e. a range of variations in the Zulu land tenure system, including different local level kinship groups; a variety of terminology and rights held by office bearers; and communal and individualised land rights. The external factor of urbanisation interacted with the internal dialectic in Mgaga, manifested in terms of an ongoing izigodi (wards) dispute -including its boundaries, to shape residents' behaviour, so that some introduced an informal settlement and others resisted its geographical spread. This informal settlement development, where eventually purely residential land rights were transferred for cash to strangers by strangers, with no role for polity officials, was an urban variation of the Zulu land tenure system, because of the continued existence of the internal dialectic in Zulu social organisation in the local system, with the integration side being expressed by the community overrights. Characteristics found in Mgaga, such as kinship diminution; the individualisation and sale of land rights; and the ongoing influence of polities; are found elsewhere in Africa where informal settlements have developed on indigenous land tenure systems. Therefore the transformation of Mgaga's land tenure system to urban forms is not an isolated phenomenon, and my dialectical ransactional approach may have an applicability beyond the context of the Zulu land tenure system.

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Mfeya, Nontando Hazel. « Status of farm dwellers in the Great Kei municipality post implementation of the security tenure act ». Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14002.

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The period preceding and after the enactment of ESTA marks an increase in the difficulties faced by the farm dwellers in South Africa. They are still faced with illegal evictions. Their difficulties are marked with loss of land for food farming, loss of work, income and homes. Nevertheless, the introduction of ESTA in 1997 aimed at protecting and restoring the land rights of farm dwellers working on farms. Despite its existence there are still challenges of illegal evictions. This research focuses on difficulties faced by farm workers after the enactment of ESTA and investigate the process and effects of illegal evictions. The thesis adopts a qualitative research methodology that takes the form of a case study on two farms, Killarney farm and Shellford farm, where farm workers experienced evictions. The findings confirm that the farm workers are subject to illegal evictions. The evictions are due to the conversion of agricultural farms to game farming and also due to labour disputes. Poor living conditions are evident and farm owners conduct tacit evictions by imposing restrictions and threatening the farm workers who wish to stay on the farms. This thesis concludes by presenting suggestions that may restrict or put an end to illegal evictions. ESTA needs to be amended in order to ensure the security of farm workers who live on the farms.

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Coulombe, Harold. « Child labour and schooling in West Africa : a three country study ». Thesis, University of Warwick, 2000. http://wrap.warwick.ac.uk/36635/.

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Although child labour has been around since ever, it is only recently that the topic has captured economists' consideration. Theoretical contributions to its understanding are only starting to be published. Most researchers have concentrated their energy on empirical studies based on utility-maximising framework. This thesis would hopefully contribute to this understanding throught statistical evidences from three West African coastal countries: Ghana, Cote d'Ivoire and Benin. In this thesis, school attendance is examined in as much details as child labour. In the African context where almost all child labour occurred within family enterprises, child labour would be judged foremost by its deterrent effect on human capital-building activities. Using fully comparable datasets, we first analyse and compare our Ghanaian and Ivorian findings. These two neighbouring countries could be seen as participants in a "natural experiment" since they share similar ecological, ethnographic and geographical environments but differ on one extremely important point, their modern institutions, especially their schooling systems inherited from their respective former colonial powers. We would see how different education systems shape not only schooling behaviour, but child labour force levels and characteristics. Then, using a completely different type of household survey, we will analyse child's allocation of time in a broader framework in which we have information on hours spent on an exhausitive list of activities, including time spent on home study. These detailed data would enable us to examine to which extent child labour has a deterrent effect not only schooling participation, but also on the human capital-enhancing home study.

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Ntwasa, Bayanda. « Traditional leadership and the use of cultural laws in land administration : implications for rural women's land rights in a transforming South Africa ». Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/134.

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This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.

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Crane, Wendy. « Biodiversity conservation and land rights in South Africa : whither the farm dwellers ? » Thesis, Link to the online version, 2006. http://hdl.handle.net/10019/1001.

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Biru, Urgessa. « Land tenure, resource management and food security in sub-Saharan Africa, implications for rural sustainability, land and agricultural policy analysis, a case of Malawi ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape7/PQDD_0001/NQ40362.pdf.

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Thèses sur le sujet « Land tenure – Africa, West »

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