Download - PLAAS
Download - PLAAS Download - PLAAS
• where production occurred, farmershad no storage facilities and haddifficulty accessing markets;• crops sold are perceived as beingseverely underpaid (since productionwas insufficient to repay loans) orpayment never materialised; and• where additional income was derivedfrom the projects, individual incomeswere negligible.For most farmers’ households, more thanhalf of household income still comesfrom state welfare grants, even for thosewho participated in the so-called MFPP‘success’ story – the Peelton maize (Majali).Furthermore, the only jobs created by theseprojects were short term and casual, andwere created by the farmers themselvesduring land clearance and harvesting.It is worrying that for most farmers theseprojects made ‘no difference’ to previouslevels of household hunger and the amountand variety of food produced in someareas could in fact be declining as a resultof dedicating more land and time to MFPPand cash crop production. Recent changesto the MFPP incorporate the productionof vegetables and livestock, a tacitacknowledgement of past MFPP failures.Although the changes should be welcome,livestock production on a meaningful scalein the communal areas is not viable underthe prevailing conditions of overcrowdingand environmental degradation (Mayende2010).The agricultural programmes promotedin communal areas are being used assubstitutes for land and agrarian reformin the province. The ANC’s PolokwaneConference (2007) resolutions indicated apolicy shift towards integrating land reforminto a broader strategy of rural developmentand pronounced that part- and full-timeagriculture was an opportunity to combatpoverty and build sustainable livelihoodsin communal areas. However, we insist it isnot viable to build sustainable and decentlivelihoods in communal areas under currentconditions, and livelihoods for some cannotbe substitutes for agrarian transformationand rural development, which require: a)access to land outside communal areas totransform the dominant social and propertyrelations; b) changes in agricultural policy; c)water reform and providing infrastructure;and d) marketing and financial support fromthe state to build on people’s own initiativesthrough incorporating new technologies inagro-ecological farming.For more information contact Masifunde at046 6362017. Reference: Mayende G 2010.Rural Development under a ‘developmentalstate’: Analyzing the policy shift on agrariantransformation in South Africa in ‘TheZuma administration: critical challenges (KKondlo and M Maserumule – eds). HSRC.Cape Town.Paula Cardoso , TCOEPolicy and legislative updatesLand Tenure Security BillIn December 2010 Cabinet approved theLand Tenure Security Bill and a draft bill waspublished in the Government Gazette onthe 24th of December 2010. The Departmentallowed 6 weeks for commentary whichcreated a public outcry for an extendedperiod which was subsequently granted.The Bill stands to repeal the Extension ofSecurity of Tenure Act 67, 1997 (ESTA) andthe Land Reform (Labour Tenants) Act 3of 1996 (LTA). The Bill aims to secure landrights for farm dwellers.The new Bill proposes:• to promote and protect the relativerights of persons working on farms,persons residing on farms and farmowners;• to enhance the security of tenure ofpersons residing on farms;• to create conditions conducive topeaceful and harmonious relationshipson farms and in farming communities;and• to sustain production discipline on landin the interest of food security.• This was announced in a recent cabinetstatement.This Bill promotes the establishment ofagri-villages (Chapter 6-7) and proposesamongst others ‘where the Ministeracquires or expropriates land, a portion ofland or a right in land under this Act’ theamount of compensation and the time andmanner of payment shall be determinedeither by agreement or as regulated by theExpropriation Act 1975 (Act No. 63 of 1975)and in accordance with section 25(3) of theConstitution (Sec 28 (2). Comments on theBill will end on Thursday, 24th of February2011.Land Use Management BillThe Land Use Management Bill movedto establish a single, national legislativeand institutional framework for spatialplanning and land use management withthe repeal of a range of existing planninglaws and ordinances formulated and passedbefore 1994, including the DevelopmentFacilitation Act. The Land Use ManagementBill was set to be reintroduced in Parliamentin 2010. However, no new submissions havebeen introduced to Parliament yet.4 January 2011 A bulletin tracking land reform in South Africa
PublicationsMunicipal Commonage –How to Access and Use It!The Legal Resources Centre and the TCOEreleased a booklet discussing:• the history of municipal commonagesin South Africa;• opportunities municipal commonagescan create for land reform and ruraldevelopment;• the rights of poor town residents(who were excluded from municipalcommonages under apartheid) toprevent municipalities from sellingmunicipal commonages and to accessthem to supplement livelihoods;• the relevant municipal laws and thenational legal and policy frameworkthat permit the DRDLR to grant fundingto municipalities to buy land to extendexisting commonages or establish newones;• how to establish infrastructure, planand implement projects and do audits.The main aim of the booklet is to help‘previously disadvantaged’ town residentsto mobilise to access municipal commonagesfor agricultural production.This publication is available from LRC http://www.lrc.org.za/booklets/1243-municipalcommonageand TCOE offices.The Land Tenure LawAshraf Mohamad of Cheadle, Thomson& Haysom Inc. under the auspices of theDepartment of Rural Development’sLegal Services Project of the Land RightsManagement Facility. Juta.This book covers complex legal issuesrelating to land tenure law, includingthe Labour Tenants Act 3 of 1996, LabourTenancy Arbitration Rules, Extension ofSecurity of Tenure Act 62 of 1997, andthe Regulations under the ESTA and thePrevention of Illegal Eviction From andUnlawful Occupation of Land Act 19 of1998. The book explains key definitions inthe law and provides practical guidelineson land rights disputes. It also explainsrelevant case law in accessible languageand sets out the nature and scope of legalprotection available to land occupiers andlabour tenants, with a section on access tothe courts, including the Land Claims Court.The book also includes a bibliography oflocal and international publications on landtenure.Working Paper 11. A Fieldnot Quite Her Own –Single Women’s Access toLand in Communal Areasof Zimbabwe.Gaynor ParadzaDominant arguments about women’s landaccess stress the vulnerability of singlewomen’s land rights in customary tenure areas.The vulnerability is based on long-heldassumptions about customary tenure landgovernance, land use and gender relations.The paper – the first in a series looking atsecured access to land for poor women insouthern Africa – contributes to the debateon customary area land access, landlessnessand understanding customary tenure evolution.Although single women have increasinglyinsecure tenure on customary tenurelands, spaces do exist in those systems forsingle women to negotiate access to land.Such spaces remain hidden in customarytenure analysis that focuses on the primary–secondary rights dichotomy and the use ofland as an agricultural asset. Drawing oncase studies of 22 women in a customarytenure area in Zimbabwe, the paper showsthat although resource governance systemsin customary tenure areas are male-biased,more diverse access opportunities exist thanpreviously thought and single women havesome room to manoeuvre. Visit http://www.landcoalition.org/sites/default/files/publication/954/WLR_11_Gaynor_A_field.pdfWorking Paper 12.Differentiation ofWomen’s Land TenureSecurity in SouthernAfrica.Gaynor ParadzaThe comparison of women’s land access ispredominantly measured against that ofmen, and this has been the basis for formulatingpolicy aimed at increasing women’sland tenure security. However, this dichotomyreduces women to a homogeneousgroup that experiences tenure security inan identical manner, so masking severaldifferences which exist among women. Afocus on the differences among women allowsfor significant insight to emerge intohow women experience tenure and accessdifferently, how various policies impact ondifferent women, and the specific waysthese differences could be used to informpolicy formulation and evaluation. Focusingon differentiation among women alsoillustrates other important factors shapingwomen’s access to land – factors that aregenerally overlooked when research focuseson differences between men and women.This paper highlights how differentiationis useful to explain women’s differencesin land access and how policy aimed at ensuringwomen’s tenure security could bemore effective. Visit http://www.landcoalition.org/sites/default/files/publication/955/WLR_12_Gaynor_Differentiation.pdf for afull copy of the working paper.International land Coalition (ILC)A bulletin tracking land reform in South Africa January 20115
- Page 1 and 2: UmhlabaWethu11January 2011A bulleti
- Page 3: terms of their employment and the t
- Page 7 and 8: and contributed to more inclusive,
• where production occurred, farmershad no storage facilities and haddifficulty accessing markets;• crops sold are perceived as beingseverely underpaid (since productionwas insufficient to repay loans) orpayment never materialised; and• where additional income was derivedfrom the projects, individual incomeswere negligible.For most farmers’ households, more thanhalf of household income still comesfrom state welfare grants, even for thosewho participated in the so-called MFPP‘success’ story – the Peelton maize (Majali).Furthermore, the only jobs created by theseprojects were short term and casual, andwere created by the farmers themselvesduring land clearance and harvesting.It is worrying that for most farmers theseprojects made ‘no difference’ to previouslevels of household hunger and the amountand variety of food produced in someareas could in fact be declining as a resultof dedicating more land and time to MFPPand cash crop production. Recent changesto the MFPP incorporate the productionof vegetables and livestock, a tacitacknowledgement of past MFPP failures.Although the changes should be welcome,livestock production on a meaningful scalein the communal areas is not viable underthe prevailing conditions of overcrowdingand environmental degradation (Mayende2010).The agricultural programmes promotedin communal areas are being used assubstitutes for land and agrarian reformin the province. The ANC’s PolokwaneConference (2007) resolutions indicated apolicy shift towards integrating land reforminto a broader strategy of rural developmentand pronounced that part- and full-timeagriculture was an opportunity to combatpoverty and build sustainable livelihoodsin communal areas. However, we insist it isnot viable to build sustainable and decentlivelihoods in communal areas under currentconditions, and livelihoods for some cannotbe substitutes for agrarian transformationand rural development, which require: a)access to land outside communal areas totransform the dominant social and propertyrelations; b) changes in agricultural policy; c)water reform and providing infrastructure;and d) marketing and financial support fromthe state to build on people’s own initiativesthrough incorporating new technologies inagro-ecological farming.For more information contact Masifunde at046 6362017. Reference: Mayende G 2010.Rural Development under a ‘developmentalstate’: Analyzing the policy shift on agrariantransformation in South Africa in ‘TheZuma administration: critical challenges (KKondlo and M Maserumule – eds). HSRC.Cape Town.Paula Cardoso , TCOEPolicy and legislative updatesLand Tenure Security BillIn December 2010 Cabinet approved theLand Tenure Security Bill and a draft bill waspublished in the Government Gazette onthe 24th of December 2010. The Departmentallowed 6 weeks for commentary whichcreated a public outcry for an extendedperiod which was subsequently granted.The Bill stands to repeal the Extension ofSecurity of Tenure Act 67, 1997 (ESTA) andthe Land Reform (Labour Tenants) Act 3of 1996 (LTA). The Bill aims to secure landrights for farm dwellers.The new Bill proposes:• to promote and protect the relativerights of persons working on farms,persons residing on farms and farmowners;• to enhance the security of tenure ofpersons residing on farms;• to create conditions conducive topeaceful and harmonious relationshipson farms and in farming communities;and• to sustain production discipline on landin the interest of food security.• This was announced in a recent cabinetstatement.This Bill promotes the establishment ofagri-villages (Chapter 6-7) and proposesamongst others ‘where the Ministeracquires or expropriates land, a portion ofland or a right in land under this Act’ theamount of compensation and the time andmanner of payment shall be determinedeither by agreement or as regulated by theExpropriation Act 1975 (Act No. 63 of 1975)and in accordance with section 25(3) of theConstitution (Sec 28 (2). Comments on theBill will end on Thursday, 24th of February2011.Land Use Management BillThe Land Use Management Bill movedto establish a single, national legislativeand institutional framework for spatialplanning and land use management withthe repeal of a range of existing planninglaws and ordinances formulated and passedbefore 1994, including the DevelopmentFacilitation Act. The Land Use ManagementBill was set to be reintroduced in Parliamentin 2010. However, no new submissions havebeen introduced to Parliament yet.4 January 2011 A bulletin tracking land reform in South Africa
Change language