Contested land tenure reform in South Africa: experiences from Namaqualand

In South Africa the distribution of land rights remains a major manifestation and cause of injustice, only slowly affected by the constitutionally mandated programme of land restitution, redistribution and tenure reform. The Transformation of Certain Rural Areas Act 94, 1998 (Trancraa) is the first post-apartheid legislation to reform ‘communal’ land tenure. It applies to 23 former ‘coloured rural areas’ and was introduced in six areas in Namaqualand in the Northern Cape Province during 2001–2. In a different, contested process a Communal Land Rights Bill for the former ‘homelands’ was published in August 2002, adopted by Cabinet in 2003 and signed into law in July 2004. While the Communal Land Rights Act relies on ‘traditional councils’ with a majority of non-elected members, Trancraa was enacted in the context of the 1997 White Paper of South African Land Policy and focused on community choice and the role of municipalities. The consultative process in Namaqualand was driven by civil society organisations and community actors, but did not include the training, finance and development support needed to transform rural relations among people affected by unemployment, land scarcity and weak local organisations. To promote procedural and substantive justice, tenure reform must honour the human rights of equality, redress and land development support articulated in land policy and the Constitution.     

Pro-poor microcredit in South Africa: cost-efficiency and productivity of South African pro-poor microfinance institutions

This article compares the performance of selected South African microcredit non-governmental organisations (NGOs) that have a poverty-alleviation focus against various benchmarks drawn from the MicroBanking Bulletin. Donors, governments and many analysts regard sustainability as the benchmark of microfinance institutions' (MFIs) performance. However, the most relevant question is whether microcredit NGOs are doing as well as they can in their context. Of particular contextual importance is income inequality in a society. South Africa has the world's second worst income inequality, after neighbouring Botswana. This creates a situation in which microcredit NGOs must recover ‘First World’ costs, particularly salaries, from revenues based on clients who can only afford loans on a par with Third World countries. Compounding this situation are structural obstacles to microenterprise in South Africa, as well as obstacles to productivity in microcredit NGOs. Taken together, this creates a ‘salary burden’ for South African microcredit NGOs, which is the highest in the world according to relevant benchmarks. South African MFI managers face significant obstacles to improving productivity to compensate for the divergence between staff and client living levels. These include an inadequate skills base, the small scale of the market, rapid labour turnover, and limited resources for capacity development. South African MFIs face the options of moving upmarket (which many have done), adopting methodological innovation or new product development, or closure. Of these, there is a strong argument to be made for supported savings and credit approaches as an alternative to NGO-based microcredit. Such an approach has the advantages of greater voluntary input and social capital formation.     

Taxation and tax reform in LDCs: Lessons for South Africa

Taxation in South Africa will increasingly have to focus on political and economic developmental demands. Two important lessons from the experience of developing countries with taxation and tax reform are that the tax system should aim at not taxing the poor (rather than trying to level down the income of the rich) and that tax policy has a special role to play in generating revenue for development, a role which it should endeavour fill in a neutral way. With these lessons in mind taxation and tax reform are analysed in South Africa. It is concluded that the tax system is relatively efficient but that there has been retrogression in attaining equity objectives.     

Ownership and control of Maori land: Some lessons for South Africa

New Zealand replaced customary tenure of Maori land with titles. Some issues are relevant to South Africa. Massive redistribution of Maori land is accounted for by inadequate property rights conferred fay colonial legislation. Institutions emerged to deal with problems of landlessness and low farm incomes created by titling, among which private incorporations and trusts were particularly successful Such institutions may under certain conditions be useful to smallholders in the former homelands and to groups of farmers who acquire freehold land in South Africa.     

Broadening access to land markets: Financing emerging farmers in South Africa

This article reports on a pilot survey of commercial farms acquired by disadvantaged people in the province of Kwazulu‐Natal, and describes a recent financial strategy to improve access to land. The survey tested a sampling technique to gather information about the rate of land redistribution, the source of terms and conditions of loans used to finance land, and the nature of property rights, managerial arrangements and land use patterns on farms acquired by disadvantaged people. It was estimated that only 0,09 per cent of the farmland available for redistribution was transferred to disadvantaged people during 1995. This low rate of transfer was attributed largely to legislation regulating the subdivision of farmland, and liquidity problems created by traditional mortgage loans. Recent experiments involving mortgage loans with graduated repayment schedules have helped to address the cashflow problem. However, these financial innovations, funded largely by the private sector, are not widely available and their impact is constrained by the Subdivision of Agricultural Land Act. It is recommended that the government amend or scrap this Act, and include financial strategies used by the private sector in its own range of land redistribution programmes.     

Economic incentives in the subsistence areas of South Africa and the need for reform

While land tenure reform within the subsistence areas of South Africa will not address fundamental black grievances about land inequality, it is essential that the land in these areas, as well as other agricultural land used for resettlement, be used in a productive and sustainable manner. This article examines the way in which discriminatory policies with respect to land distribution and public support, together with the high level of transaction costs under existing black tenure systems, have structured economic incentives within the subsistence areas, leading to the apparent under‐ and over‐utilization of arable and grazing land respectively. The potential for formal private tenure to reduce these constraints is then explored, while noting the necessity for property institutions to be both impartially administered and well adapted to the particular needs and resource constraints at the community level. Finally, a number of reforms which would increase the level of information provided by informal tenure are examined.     

Institutional change,property rights and economic performance in post‐apartheid in South Africa

This article examines redistributive institutional change in South Africa within the theoretical framework provided by North (1979; 1981; 1991) and Eggertsson (1990). By drawing a distinction between the productive potential of an economy and institutionally feasible production possibilities, we can develop an analytical structure for evaluating how alternative systems of property rights can affect productive activity in South Africa. Although this exercise cannot predict actual outcomes in South Africa, it does accord property rights a central role in a specific theory of institutional change, and accordingly may assist in determining how certain forms of institutional change can influence economic performance in a transitional democracy.     

HIV/Aids and land: case studies from Kenya,Lesotho and South Africa

Recent research conducted in Lesotho, Kenya and South Africa has revealed that HIV/Aids will seriously impact on a range of land issues as a direct result of very high infection rates in these countries. HIV/Aids will affect different forms of land use, the functioning of land administration systems, land rights of women and orphans as well as the poor generally, and inheritance practices and norms. The epidemic not only affects the productivity of the infected, but also diverts the labour of the household and extended family away from other productive and reproductive activities as they take care of the sick. Affected households fall below the social and economic threshold of vulnerability and ‘survivability’, leaving the survivors – mainly the young and elderly – with limited resources to quickly regain a sustainable livelihood. This indicates the importance of effective land administration systems and of land rights as HIV/Aids impacts on the terms and conditions on which households and individuals hold, use and transact land. This has a particular resonance for women and children's rights, which, in the context of rural power relations that are themselves coming under increasing pressure from the epidemic, are especially vulnerable to being usurped. Thus, the impact of HIV/Aids on land raises complex and sensitive issues for land policies and programmes, particularly if they are intended to underpin rural development and sustainable livelihoods.     

Revolution and reform of economic policies: Lessons for South Africa from China∗

The process of revolution in China itself his undergone profound reform. The most important reforms are reflected in a new direction of economic policies which focus upon a revival of market processes. This shift to greater reliance upon markets provides substantial support for similar programmes to be undertaken by South Africa and the developing nations of Southern Africa.     

Underemployment in South Africa

With the introduction of the Quarterly Labour Force Survey since 2008, a newly derived variable, namely underemployed, has become available. It is derived according to the ‘time-related’ approach (i.e. those who are employed, but would like to work longer hours and are available to work longer hours in the near future). However, underemployment could also be derived according to the ‘inadequate employment situations’ approach (e.g. under-utilisation of skills, over-qualification). Because underemployment is a seriously under-researched topic in South Africa, this article investigates the extent of underemployment according to these two definitions, before examining whether the characteristics of the two groups of underemployed are significantly different.     

在南非的日子

“我一直是一个心存幻想的女人,不肯一辈子走别人为我安排的道路。前方的路清清楚楚,仿佛可以看到坟墓,日复一日地重复着没有任何新鲜感的日子,我只想逃离……”     

Land reform: Lessons for South Africa from the Republic of China on Taiwan

Before the implementation of land reform in 1949, the skewed distribution of land ownership and the unhealthy tenancy system in the Republic of China on Taiwan was of great concern to the Kuomitang Nationalist government. Apart from hindering economic development, it also threatened the social and political stability of the island. Taiwan is today regarded as one of the newly industrialized countries. Its remarkable economic achievements are to a large extent closely linked to the successful execution of a land reform programme. Faced with similar problems of an unhealthy distribution of land ownership, policy makers and those who have influence on policy in South Africa can learn a great deal from the Chinese experience.     

走进南非

南非是一片多彩迷人、神奇的土地,也是我向往已久的国家。2014年年底至2015年年初,我有机会在南非度过了20天的假期,所到之处的美景趣事和风土人情给我留下了深刻的印象。从克鲁格国家野生动物园与那狮群的“亲密接触”,到世界七大奇观--桌山上在流转白云间的畅游;从开普敦豪特湾别墅的品茶,到以葡萄园和野花而闻名的弗朗斯胡克庄园的品酒;从好望角灯塔上亲眼见证两大洋的交汇,到克尼斯纳世外桃源般逍遥岛上的漫步;从莫赛尔贝湾欣赏冲浪爱好者的竞技,到伊丽莎白港别墅庭院内的小憩畅谈……无论是白种人的彬彬有礼,还是黑种人的热情好客,都令人难以忘怀。20天的时间里,享受了自然,享受了休闲,享受了生活,享受了海水和阳光,我用一张张照片记录下了“走进南非”的美好瞬间。“走进南非”共分为上、下两篇,本期就跟着我的视角领略这个充满着阳光和热情的“彩虹之国”。     

浅谈农村土地所有制改革

我国现行的单一的农村土地公有制，使农地的保护和利用存在着许多问题，严重制约着农业的可持续发展，因而必须加以改革。主要表现在以下几个方面：     

Black land in white Natal: Administrative constraints on land reform

Very little land outside of KwaZulu is occupied by black people in Natal. This paper considers the position of black people living in freehold areas and established urban areas in Natal.

The administrative structures that purport to cater for these areas embody both horizontal and vertical constraints on efficient social provision.

Land reform accordingly appears to offer little more than a worsening of the situation if implemented before these structural constraints have been addressed.