University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 2005 Land restitution and protected areas in KwaZulu Natal South Africa: Challenges to implementation Laurie Ashley The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Ashley, Laurie, "Land restitution and protected areas in KwaZulu Natal South Africa: Challenges to implementation" (2005). Graduate Student Theses, Dissertations, & Professional Papers. 4801. https://scholarworks.umt.edu/etd/4801 This Thesis is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana. 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Maureen and Mike MANSFIELD LIBRARY The University of Montana Permission is granted by the author to reproduce this material in its entirety, provided that this material is used for scholarly purposes and is properly cited in published works and reports. **Please check "Yes" or "No" and provide signature** Yes, I grant permission No, I do not grant permission Author's Signature: u___________ Date: ^ ^ ^ ^ ^ Any copying for commercial purposes or financial gain may be undertaken only with the author's explicit consent. 8/98 Land Restitution and Protected Areas in KwaZulu Natal, South Africa: Challenges to Implementation Laurie Ashley B.A. Biology The University of Montana, 1998 Submitted in partial fulfillment of the requirements for the degree of Master of Science in Resource Conservation Department of Society and Conservation The University of Montana May 2005 Approved by: Dean of Graduate School Date UMI Number: EP40265 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. UMI Dissertation FWsfehing UMI EP40265 Published by ProQuest LLC (2014). Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code ProQuest ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 ABSRACT Ashley, Laurie, M.S. May 2005 Resource Conservation Land Restitution and Protected Area Conservation in KwaZulu Natal, South Africa: Challenges to Implementation Committee Chair: Wayne A. Freimund (, Jf! 1 " This study explores the challenges to implementation of land restitution in protected areas in KwaZulu-Natal, South Africa. Today, South Africa’s land restitution program brings together a colonial and apartheid history of land dispossession and protected area designation with present day conservation efforts. Through the land restitution program, protected areas, or portions of these areas, may be claimed by people previously dispossessed of the land. In KwaZulu-Natal, land restitution has given claimants ownership, albeit under prescribed conditions, to protected area land. The redress of land dispossession through the restoration of land ownership to claimants of areas that are now protected means actors attempt land reform and conservation efforts on the same land. This process has proved challenging as evidenced by slow implementation. In KwaZulu-Natal province, many protected areas have pending or settled land claims. Recent settlement agreements stipulate giving claimant groups ownership of the land through a title deed and require the land continue to be managed as a protected area in cooperation with a designated government conservation agency. This type of settlement agreement means claimants and conservation agencies face significant changes to their current practices. Protected area land claims have the potential to transform ownership patterns of conservation land and give land claimants a substantive role in conservation and tourism. However, to achieve this land ownership transformation and create a substantive role for land claimants, challenges to implementation must be understood and addressed. This study explored challenges to protected area land restitution implementation through informal conversations and observations and interviews and meetings with stakeholders. The primary data source was in-depth interviews with thirty-nine people representing the four major stakeholders as defined by those most actively participating in the implementation process. The study results are presented in two themes, 1) a poor understanding of claimant protected area ownership, and 2) difficulty defining tangible settlement outcomes and benefits, and describe some of the challenges to protected area land restitution. These themes demonstrate that although KwaZulu-Natal’s settlement model of returning protected area land ownership has potential, it is unlikely to work every situation and in some cases alternative types of settlement may be appropriate. ACKNOWLEDGEMENTS Many individuals and organizations helped me complete this research. I am tremendously grateful to these people for their time, support, and countless invaluable insights. My appreciation and special thanks go first and foremost to the study participants who shared with me their reflections, ideas, and wisdom. Thank you to the Mbila, Mabaso, and Bhangazi Trusts; the Regional Land Claims Commission, KwaZulu-Natal; Ezemvelo KwaZulu-Natal Wildlife; and the Greater St. Lucia Wetlands Park Authority for generously sharing their time and knowledge and for inviting me to join relevant meetings. In particular I would like to thank Sibusiso Bukhosini, Walter Silaule, and KP Mkize. I would also like to thank the participants on behalf of people and organizations who may learn from their hard work and experience in protected area land claims. I would like to thank my thesis committee: Dr. Wayne Freimund, Dr. Jill Belsky, and Dr. Jeff Bookwalter. Their patience, support, and feedback were invaluable throughout this project. Thank you to my chair, Wayne Freimund, for continually pushing me to be both practical and inspired and offering endless encouragement. Much appreciation and thanks to the Center for Environment and Development at the University of KwaZulu-Natal and to all the staff for welcoming and assisting me. I am particularly indebted to Charles Breen, Rob Fincham, Nhlanhla Sihlophe, Muthoni Ngotho, and Nyambe Nyambe. A special thanks goes to my friend, mentor, and colleague, Laurie Yung, for her endless understanding, support, and encouragement. I am also grateful to the faculty and graduate students of the Department of Society and Conservation for sharing ideas, challenging me, and inspiring me through their thoughtfulness and hard work; and to the people who offered insight, editing, and support throughout the project, in particular, Leana Schelvan and Chad Dear. And I am forever thankful to my family for their excitement about this project and solid support throughout and the invaluable friends who encouraged and inspired me to complete this project while also enjoying life. ABSTRACT ..................................................................................................................................................................................................ii ACKNOWLEDGEMENTS ................................................................................................................................................................jjj LIST OF TABLES AND FIGURES ............................................................................................................................................vii CHAPTER ONE: INTRODUCTION ............................................................................................................................................1 Ba c k g r o u n d ............................................................................................................................................................................................2 South Africa.............................................................................................................................................................................4 Motivation for T his Re s e a r c h ..................................................................................................................................................5 A Lack of Implementation ................................................................................................................................................... 6 Purpose of the Study............................................................................................................................................................. 7 Thesis Organization ......................................................................................................................................................................... 7 CHAPTER TWO: BACKGROUND AND CONCEPTUAL FOUNDATIONS .................................................9 I. LAND REFORM, LAND CLAIMS, AND PROTECTED AREAS AROUND THE WORLD 9 Experience in Land R e f o r m ........................................................................................................................................................