Workshop on Land Reform, Land Trusts and Stewardship


Nov 8, 2013 (7 years and 10 months ago)


Workshop on Land Reform, Land Trusts and Stewardship

ordinated by Conservation International and SANBI




Rick de Satg

Policy and strategy initiatives

DLA’s attempts to integrate environmental planning
into land reform

National Settlement & Implementation Support

Land and Agrarian Reform Project (LARP)

Case sketches

Mtakatye (Eastern Cape

Schmidtsdrift (Northern Cape)

In 2001 a joint DLA/DANCED project
Policy and Guidelines on the
Integration of Environmental Planning into
Land Reform and Land Development

Guidelines highlighted that environmental
sustainability (both bio
physical and socio
economic) had not enjoyed adequate

Proposed introduction of an Environmental
Decision Support Tool as an integral part of
project assessment and planning procedures

Guidelines tested in 2005 and the
Environmental Evaluation Unit (UCT)
developed an Environmental and
Sustainability Assessment Tool

Designed to provide an integrated natural
resource baseline highlighting environmental
opportunities and constraints as a basis for a
management and monitoring plan

Guidelines remain unimplemented

Institutional fragmentation where natural
resource management is concerned

Plethora of legislation administered by
different departments

Emphasis on the development of resource
assessment tools and legislative compliance
while development and support of local
institutions to manage rights and resources

The review of post transfer support to
Restitution and Redistribution programmes

Inadequate budget and

of this key

International experience indicates that the cost of land
purchase should amount to between 30% and 40% of
total support package

Land reform dominated by quantitative targets
(hectares transferred and claims settled) rather than
qualitative results

Lack of clarity on the farming systems that should
result from land reform

Narrow conception of the scope of support

Inadequate conceptual and institutional
framework for integrated planning and
settlement support

No clarity about whose responsibility this should be

Poor intergovernmental relations limit the co
ordination of effective support

Distinguishes between
front end services
needed by land reform projects





Back office support
to create an enabling
environment at local, district, provincial and
national scale

Reframing land reform as a joint programme
of government, the private sector and civil

coordinated by DLA in partnership
with DoA and located within the District IDP

Drawing on DPLG guidelines for joint
programme management gazetted ito IGRFA

Area based planning

Developing designated support agencies and
partnerships at District Municipal scale

Elements of the SIS strategy have informed the
Land and Agrarian Reform Project (LARP)

recent DLA/


However it appears that key aspects of the
strategy including:

Land rights determination and management

Dedicated support for CPIs

Development of functioning common property resource
management regimes

Integrated natural resource management

have yet to find a home

In our view these are prerequisites for effective
stewardship programmes



Land reform takes place in vastly different
institutional settings

State owned communal areas

Privately owned land which has been redistributed
or restored held by a CPA or a Trust

Forestry areas

Protected areas

Municipal commonage

State owned land acquired through PLAS

Labour tenants and occupiers on commercial farms

A communal area on former Transkei Wild Coast

A former betterment area

limited arable land

Pockets of declared and ‘chief’s forests’

Most people cultivating homestead gardens

Declining yields and soil fertility

Perception that land in the forests more fertile
than home gardens

Early 1990’s people invade and clear portions of
declared indigenous forest

Increasing pressure on marine resources
particularly shellfish in the intertidal zone

How has government

DEAT provided a grant to
a local entrepreneur to

develop an indigenous

hire people to clear
invasive aliens

replant deforested areas

Current situation

Contested local governance and unsupported
land tenure systems can result in de facto ‘open

Continuing uncertainties about exercise of land rights
management functions

The case an ideal zone for ‘participative forest


However low visibility of

Forest Officers in 2006

People reluctant to leave cleared areas

Government responses fail to engage with key
land and resource tenure issues which underpin
sustainable management of the forest resources


of medicinal plants also contributes to
pressure on forest resources

Fragmented responses to


forests, rangelands, marine resources land and
resource tenure

These require an area based joint programme
with a clear champion

Currently the approach to stewardship avoids
situations where there is institutional confusion
or conflict due to high risk of failure

However there is an argument to be made that
these situations could become the focus for an
integrated stewardship programme

Tswana and Griqua occupants of Schmidtsdrift
forcibly removed in 1968

SADF established a training camp

Competing land claims settled through negotiation in

31,829 ha restored to a CPA


by contestation between
Tswana and Griqua claimants, ‘traditionalists’ and

Some 300 households return to 5 settlement areas

2 declared rural townships

3 spontaneous settlement areas

CPA Constitution fails to determine individual rights,
benefits and responsibilities

Alluvial diamond mining commences in 2001 with
prospecting rights awarded along the whole river

Alluvial diamond mining has massive impact on
grazing, cultural and natural assets

In 2003 Government temporarily closed mining activities

after damage to graves and pollution of
environment but it soon resumed

Currently between 200 000
250 000 tonnes of material
are processed per month

Contributes spread of prosopis and other invaders

Alleged illegal abstraction of water

Inadequate rehabilitation

How to give meaning to local stewardship when
powerful mining interests ride roughshod over
the law and government interventions and
monitoring are ineffective?

Prior to removal people were settled in six

On their return people encouraged to live in two
main settlement areas

majority remain offsite

Settlement pattern encourages overgrazing in areas
around settlements

Increasing bush encroachment

For several years after settlement there was no
investment in grazing camps or water infrastructure

Game relocated to an area which one group
of claimants

for grazing

Creates conflict over resource use

Phuhlisani appointed in 2008 to clarify membership, rights,
address conflict and align plans

Common property resource management depends on

management, agreed boundaries (even
if these may be fuzzy) and memberships, effective
monitoring, and conflict resolution mechanisms

Clarification of rights

Access and use rights

Management rights

Exclusion rights

Transfer rights

Clarification of duties and contributions

Credible management institutions and compliance

Environmental stewardship initiatives require
investment in tenure systems and local institutions

Self managing ‘stewardship’

Land reform spans diverse settings

Ranges from projects on a small geographic scale

by family members and relatively homogenous
and coherent groupings through to large land areas
where large and heterogeneous groups have rights

Clearly stewardship initiatives will be easier to
implement in confined and stable settings

However developing

initiatives which can engage in large and complex
settings like

and Schmidtsdrift remains
a key challenge which to date has not been