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The National Democratic Revolution and the Transformation of Land Ownership in South Africa – a Critical Analysis and Alternative Framework

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The National Democratic Revolution and the transformation of land ownership in South Africa – A critical analysis and alternative framework ACKNOWLEDGEMENTS “For with God nothing shall be impossible.” Luke 1:37 I gratefully acknowledge the following individuals for their support with this endeavour: Professor André Duvenhage for his supervision, support, patience and academic mentorship. Astrid and Tristan Jankielsohn for your continued love, support and patience during this endeavour. Desmond Jankielsohn and my extended family for your encouragement and support. Ms Simone Roos for her patience, comprehensive assistance and skills in typesetting and page layout. Ms Clarina Vorster for her skilled and diligent language editing. My colleagues in the Democratic Alliance for their encouragement, interest, support and patience during this endeavour. In particular, I wish to thank the Free State Legislature and North-West University for the assistance that made this thesis possible. ii The National Democratic Revolution and the transformation of land ownership in South Africa – A critical analysis and alternative framework SUMMARY Transformation of land ownership in the form of land reform, land restitution and land tenure has dominated the agricultural policy and legislative landscape since 1994. Transformation of land ownership is a historical and political imperative due to the centuries of conflict over land and legislated dispossession of land from the black majority by previous colonial and Apartheid governments in the last century. Attempts to transform land ownership in South Africa between 1994 and 2014 were characterised by various programmes, policies and legislation, the majority of which failed. Since 2014, more radical policy and legislative proposals aimed at transformation of land ownership have highlighted the underlying National Democratic Revolution (NDR) as central point of departure. The ideological point of departure regarding policy and legislative proposals aimed at transformation of land ownership requires an in-depth analysis. The lack of an analytical framework for this analysis required the development of such an academic framework for this study. This analytical framework was used to carry out the necessary critical analysis of transformation of land ownership as required by the theme. Since this study was carried out within the discipline of Political Science, chapters are devoted to the meta-theoretical and theoretical aspects that justify this study within the discipline of Political Science. The ideological nature of the NDR also required a conceptualisation and discussion on political ideology with all its categories. The result is a comprehensive analysis of the most relevant current policy and legislative proposals to transformation of land ownership in South Africa within the framework of the NDR as the ideological point of departure. Key words: National Democratic Revolution, Land reform, Land restitution, Land tenure, Agriculture, South African politics, Land ceilings, Expropriation, Transformation iii The National Democratic Revolution and the transformation of land ownership in South Africa – A critical analysis and alternative framework OPSOMMING Die transformasie van grondeienaarskap in terme van grondhervorming, grondrestitusie en verblyfregsekerheid het sedert 1994 die beleids- en wetgewende-landskap op landbougebied oorheers. Transformasie van grondeienaarskap het as gevolg van eeue se konflik en wetgewende onteiening van grond van die swart meerderheid deur vorige koloniale- en Apartheidsregerings ʼn historiese en politieke noodsaaklikheid geword. Pogings om grondeienaarskap te transformeer tussen 1994 en 2014 is gekenmerk deur verskeie mislukte programme, wetgewing en beleid. Sedert 2014 het die meer radikale wetgewende en beleidsvoorstelle wat op transformasie van grondeienaarskap gemik is die Nasionaal Demokratiese revolusie (NDR) as sentrale vertrekpunt beklemtoon. Die ideologiese vertrekpunt rondom wetgewende en beleidsvoorstelle gemik op transformasie van grondeienaarskap vereis ’n in-diepte analise. Die gebrek aan ʼn analitiese raamwerk vir hierdie analise het vereis dat só ʼn akademiese raamwerk ontwikkel word. Hierdie analitiese raamwerk is gebruik om ʼnkritiese analise van transformasie van grondeienaarskap, soos deur die tema vereis, uit te voer. Aangesien die studie binne die dissipline van Politieke Wetenskap uitgevoer is, is hoofstukke toegeken aan die meta-teoretiese en teoretiese aspekte wat hierdie studie binne die dissipline van Politieke Wetenskap anker. Die ideologiese aard van die NDR vereis ʼn konseptualisering en besprekingvan ideologie met al sy kategorieë. Die gevolg is ʼn opvattende analise van die mees relevante beleidsvoorstelle rondom transformasie van grondeienaarskap, met die NDR as vertrekpunt. Sleutelwoorde: Nasionaal Demokratiese Revolusie, Grondhervorming, Grondrestitusie, Verblyfregsekerheid, Landbou, Suid-Afrikaanse politiek, Grondplafonne, Onteiening, Transformasie. iv The National Democratic Revolution and the transformation of land ownership in South Africa – A critical analysis and alternative framework LIST OF ACRONYMNS AFASA African Farmer’s Association of South Africa AgriBEE Agricultural Black Economic Empowerment Agri-SA Agriculture South Africa AHI Afrikaanse Handelsinstituut ANC African National Congress ANCYL African National Congress Youth League ANNC African National Native Congress ASGISA Accelerated Shared Growth Initiative BBBEE Broad Based Black Economic Empowerment CBLDB Community Based Rural Land development Programme (Malawi) CCP Chinese Communist Party CLaRA Communal Land Rights Act COC Community Oversight Committee (Malawi) CODESA Congress for a Democratic South Africa COSATU Congress of South African Trade Unions CPA Community Property Association CPSA Communist Party of South Africa CRLR Commission for Restitution of Land Rights DA Democratic Alliance DLA Department of Land Affairs DLC District Lands Committee DRDLR Department of Rural Development and Land Reform EFF Economic Freedom Fighters ESTA Extension of Security of Tenure Act FAO Food and Agriculture Organisation (UN) FF+ Freedom Front Plus FSDRDLR Free State Department of Rural Development and Land Reform GEAR Grown Employment and Redistribution HNP Herenigde Nasionale Party (Reunited National Party) HSRC Human Sciences Research Council IDF Investment Development Fund v The National Democratic Revolution and the transformation of land ownership in South Africa – A critical analysis and alternative framework IEC Independent Electoral Commission IFP Inkatha Freedom Party IMF International Monetary Fund IPILRA Interim Protection of Informal Land Rights Act ISS Institute of Strategic Studies LPM Landless People’s Movement LRAD Land Redistribution for Agriculture Development MK Umkhonto we Siswe MTS Movimento dos Trabalhadores Rurais Sem Terra (Brazil) MTSF Medium Term Strategic Framework NCOP National Council of Provinces NDP National development Plan NDR National Democratic Revolution NEP New Economic Policy (USSR) NGP New Growth Path NP National Party NPA National Prosecuting Authority NUMSA National Union of Metalworkers of South Africa NWC National Work Committee NYDA National Youth Development Agency OVG Office of the Valuer-General PAC Pan African Congress PLAAS Institute for Poverty, Land and Agrarian Studies PLC Public Service Commission PLF People’s Liberation Army PMC Project Management Committee (Malawi) PRC People’s Republic of China PSC Public Service Commission RDP Reconstruction and Development Programme RETM Rural Economy Transformation Model SA South Africa SABC South African Broadcasting Corporation SACP South African Communist party vi The National Democratic Revolution and the transformation of land ownership in South Africa – A critical analysis and alternative framework SADT South African Development Trust SAIRR South African Institute of Race Relations SANDF South African National Defence Force SANNC South African Native National Congress SAPS South African Police Service SIU Special Investigating Unit SLAG Settlement Land Acquisition Grant SPLUMA Spatial Planning and Land Use Management Act STATSSA Statistics South Africa SWAPO South West African People’s Organisation TAU Transvaal Agricultural Union TGNP Tanzania Gender Networking Programme UDF United Democratic Front UN United Nations UP United Party USA United States of America USSR Union of Soviet Socialist Republics WWF-SA World Wildlife Fund – South Africa ZANU-PF Zimbabwe African National Union – Patriotic Front vii The National Democratic Revolution and the transformation of land ownership in South Africa – A critical analysis and alternative framework TABLE OF CONTENTS ACKNOWLEDGEMENTS ............................................................................................... II SUMMARY ..................................................................................................................... III OPSOMMING ................................................................................................................ IV LIST OF ACRONYMNS ................................................................................................. V TABLE OF CONTENTS .............................................................................................. VIII LIST OF FIGURES ...................................................................................................... XIV LIST OF TABLES.......................................................................................................
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