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Women's access to land in the former Bantustans: Constitutional conflict, customary law, democratisation and the role of the state
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2000) Mann, Michelle
The transition to local democratic institutions in the former bantustans of South Africa will not in itself fulfill the constitutional imperative for the promotion of gender equality, specifically in relation to women's access to land. In order for the state to balance its competing constitutional obligations, it must undertake a programme of community education, consciousness-raising, and support for women's organisation at the grassroots level. This paper provides an overview of land tenure in the former bantustans, focusing on the access of rural women to this land. It examines the potential conflict between the constitutional recognition and protection of gender rights on the one hand and the recognition of customary law/ traditional leadership on the other, especially the adverse impact of customary law and traditional leadership on the access of rural women to land. It then examines state initiatives towards implementing local democratic institutions in these areas, and considers whether these initiatives are sufficient to fulfill the state's obligation to promote gender equality. The paper concludes that state support for community activism and community education can serve to balance the constitutional imperatives for gender equality and respect for traditional leaders and customary law. Such an approach would allow the community to be active participants in, and the drivers of their own development.
Women's access to land in the former bantustans: Constitutional conflict, customary law, democratisation and the role of the state
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2000) Mann, Michelle
The transition to local democratic institutions in the former bantustans of South Africa will not in itself fulfil the constitutional imperative for the promotion of gender equality, specifically in relation to womenís access to land. In order for the state to balance its competing constitutional obligations, it must undertake a programme of community education, consciousness-raising, and support for womenís organisation at the grassroots level. This paper provides an overview of land tenure in the former bantustans, focusing on the access of rural women to this land. It examines the potential conflict between the constitutional recognition and protection of gender rights on the one hand and the recognition of customary law/ traditional leadership on the other, especially the adverse impact of customary law and traditional leadership on the access of rural women to land. It then examines state initiatives towards implementing local democratic institutions in these areas, and considers whether these initiatives are sufficient to fulfil the stateís obligation to promote gender equality. The paper concludes that state support for community activism and community education can serve to balance the constitutional imperatives for gender equality and respect for traditional leaders and customary law. Such an approach would allow the community to be active participants in, and the ëdriversí of their own development.
Constituting the commons in the new South Africa
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2000) Isaacs, Moenieba; Mohamed, Najma; Ntshona, Zolile; Turner, Stephen
This set of papers results from participation by staff members of the Programme for Land and Agrarian Studies in the eighth biennial conference of the International Association for the Study of Common Property, held at Bloomington, Indiana, from 31 May to 4 June, 2000. We are grateful to IASCP for accepting our proposal for a panel on 'Constituting the commons in the new South Africa', at which these papers were presented. We are also grateful to Dr James Murombedzi and the Ford Foundation for their role in stimulating and funding our participation in the conference, and their support for work at PLAAS on community-based natural resource management. However, we take full responsibility for any inadequacies in these papers, and for the opinions expressed in them.
'It's all about money! Implementation of South Africaís new fisheries policy
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2001) Hersoug, Bjorn; Isaacs, Moenieba
This paper was originally written as part of an economics study commissioned by the Chief Directorate: Marine and Coastal Management (MCM) of the South African Department of Environmental Affairs and Tourism (DEAT). Since the 1994 ‘negotiated revolution’, South Africa’s fishing industry has been under pressure to ‘become transformed’, just like most other industries and administrative institutions. The broad goals of the new dispensation were gradually spelt out, starting with an initiative in late 1994 which led to the establishment of the Fisheries Policy Development Committee (FPDC), via a White Paper on fisheries policy in 1997, and finally on to the passing of new legislation at the end of 1998 ñ the Marine Living Resources Act (MLRA). Although the Act is clearly a compromise between the existing industry owners and the political representatives of previously disadvantaged groups, it nevertheless opened a considerable ‘action space’ by insisting on ‘the need to restructure the fishing industry to address historical imbalances and to achieve equity within all branches of the fishing industry’ (MLRA section 2(j)). And reform was urgently needed. Just like the rest of South African society, the fishing industry was extremely racially skewed in terms of ownership of existing vessels and factories, as well as the allocation of quotas and fishing rights (Hersoug 1998; Hersoug & Holm 2000). The same pattern applied to industry leadership and fisheries administration ñ it was predominantly white. However, after years of discussions and planning, the high hopes pinned on implementing the proposed reforms have not borne fruit. More than two years after having passed the new MLRA, there is a high level of confusion about what is expected of the established industry and what is possible (in terms of redistributing quotas and fishing rights) for the new prospective entrants. In spite of having produced the long-awaited new framework for fisheries, production is falling, distribution conflicts seem to be endemic, litigation is becoming more common and huge human as well as economic resources are being expended on all kinds of ‘rent-seeking’ behaviour. What went wrong and why?
Land reform in Namaqualand: Poverty alleviation, stepping stones and economic units
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2001) Rohde, R. F; Benjaminsen, T. A; Hoffman, M.T
This paper examines the consequences of land reform for communal livestock farmers in Namaqualand. It investigates the likely outcomes of recent commonage acquisitions and tenure reform in the former ëColoured Reservesí using case study material drawn from the Leliefontein communal area. In particular, we try to answer two questions about land reform in Namaqualand. The first is concerned with models of land management in both new and old common lands: what effect will the imposition of either a commercial or communal land management model have on twin objectives of poverty alleviation and environmental sustainability? We conclude that the commercial farming model is rarely appropriate in Namaqualandís communal areas and suggest that sustainable development is more likely under a flexible system which takes account of both the objectives of communal farmers and the constraints under which they operate. The second question explores the implications of recent policy shifts regarding the use of commonage as a ëstepping stoneí for emergent black commercial farmers. We ask if this is feasible in the Namaqualand context and conclude that present rates of grant are inadequate to provide incentives for emergent commercial farmers to move off the commons. The contradictions inherent in using the commons for both poverty alleviation and as a ëstepping stoneí are likely to result in a backward step reminiscent of the discredited ëeconomic unitsí policy.
Study of the incidence and nature of chronic poverty and development policy in South Africa: An overview
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2001) Aliber, Michael
The purpose of this study is fourfold: first, to summarise the current state of knowledge about chronic poverty in South Africa; second, to describe the range of existing governmental and civil society initiatives which address chronic poverty; third, to identify challenges to addressing chronic poverty in South Africa; and fourth, to identify themes for further research. For the purposes of this study, house- holds or individuals are understood to be in chronic poverty when their condition of poverty endures over a period of time. Different researchers propose different time periods as characteristic of chronic poverty (for example, six months, ten years); this is usually taken to mean that the household or individual remains beneath the poverty line for all or virtually all of this period. Alternatively, and perhaps more meaningfully, chronic poverty can be understood as the inability of households or individuals, perhaps for lack of opportunity, to better their circumstances over time or to sustain themselves through difficult times. Chronic poverty can be a function of an individual’s characteristics (for example, elderly, disabled), or of the environment (for example, sustained periods of high unemployment, landlessness), or of a combination of the two. Indeed, a common scenario in South Africa involves the coincidence of poor health, meagre education, and fractured families, on the one hand, with skewed resource distribution, inadequate infrastructure, and scarce employment opportunities, on the other. The combination is more than sufficient to trap many people in poverty. To date, there has been only one set of data collected in South Africa which allows an inter-temporal comparison among the same households. This is the KwaZulu-Natal Income Dynamics Study (KIDS) which, as the name implies, covers only one of South Africa’s nine provinces. Because this data set and the analyses based upon it are unique, we discuss it at length. One of the important findings from the KIDS data is that 22 per cent of the 1 200 African households that were sur- veyed were poor in both 1993 and 1998. This represents about two thirds of all households that were poor in 1993, and one half of those that were poor in 1998, showing that at least half of those households that are poor, are chronically poor. Another interesting finding is that ‘ultra- poverty’ is not synonymous with chronic poverty. In other words, a household that is just below the poverty line in one period is no more likely to move above the poverty line in the next period than a household that started off much further below the poverty line. A key determinant of whether a household stays in poverty, escapes from poverty, or falls into poverty, is how that household fares in terms of employment. One of the surprising findings from the KIDS data set was the degree of employment volatility experienced by households. Notwithstanding the contribution of household income sources other than formal sector employment, employ- ment apparently makes the difference between survival and total destitution, but less commonly associated with the difference between being poor and not being poor. Income sources outside the formal sector may make the difference between survival and total destitution, but are less likely to determine whether an individual or household is poor or not. The KIDS-based studies as well as other poverty analyses allow us to identify groups especially likely to be chronically poor. These include rural households, households headed by women, households effectively headed by elderly people, and households headed by former (retrenched) farm workers. Over the next 10 years, however, AIDS orphans and households directly affected by AIDS will probably figure as the most prominent category of people trapped in chronic poverty.
The interaction between the land redistribution programme and the land market in South Africa: A perspective on the willing-buyer/willing-seller approach
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2002) Aliber, Michael; Mokoena, Reuben
The debate rages on, in South Africa and elsewhere, about the desirability and efficacy of the willing-buyer/willing-seller approach to land redistribution. In South Africa, the willing-buyer/willing-seller approach is frequently blamed for the fact that the government’s redistribution programme has thus far fallen well short of expectations. To what extent is this judgement justified? Moreover, if the willing-buyer/willing-seller approach has indeed contributed to the unimpressive rate of delivery of the land redistribution programme, is this on account of certain aspects of the approach i.e. which could be selectively remedied ñ or is the willing-buyer/willing-seller approach fundamentally unsuited to the task allocated to it? The objective of this paper is to provide a partial answer to these questions. In short, the paper argues, on the one hand, that the willing-buyer/willing-seller approach is not as fundamentally ill-suited a mechanism to effect state-supported land redistribution as is commonly claimed. On the other hand, the paper suggests that the unimaginative manner in which the willing-buyer/willing-seller approach is being applied is definitely contributing to the slow pace of redistribution, and reflects a lack of vision and ambition among policy-makers. The development of the argument involves examining the interaction between the land market and the redistribution programme from different angles. In one angle, we seek simply to gauge the magnitude of the land redistribution programme relative to the level of normal activity in the rural property market (Section 4). A second angle involves an econometric exercise to determine whether or not the redistribution programme affects market prices of rural land (Section 5). And from a third angle, we review the experiences and perceptions of estate agents and staff of the Department of Land Affairs, so as to shed light on some of the specific allegations as to how the land market may be inhibiting redistribution (Section 6). We begin, however, with two sections by way of background, the one offering a synopsis of the debate around the willing-buyer/willing-seller approach (Section 2), and the other reporting recent trends in the land market (Section 3). We conclude with an examination of a number of specific policy issues, some of which suggest promising avenues for policy development and some of which do not (Section 7).
Decentralisation and natural resource management in rural South Africa: problems and prospects
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2002) Ntsebeza, Lungisile
In this paper, the issue of decentralisation and natural resource management will be interrogated primarily through a focus on local government reform and land administration. This focus illuminates problems that are on the horizon for other natural resources, such as forests, wildlife and fisheries, especially as these latter resources are to be managed through similar structures that are being constructed and contested in the local government and land policy arenas. Within this context, the role of traditional authorities (chiefs of various ranks) and municipal councillors will be assessed
A decade of fisheries co-management in Africa: Going back to the roots? Empowering fishing communities? Or just an illusion?
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2002) Hara, Mafaniso; Nielsen, Jesper R
This paper provides an overview of co-management in Africa and the historical, political and paradigmatic reasons for the shift. The historical context is important when analysing the performance of the regime. The main reasons why co-management is being increasingly adopted in Africa are explained by analysing the objectives hereof. The paper evaluates what is meant by co-management in the African context using the variety of types of user involvement in practice and the standard continuum of possible arrangements under the co-management regime. Next, it will look at how co-management is being implemented, including whether it is achieving the objectives it is supposed to achieve. The final section will discuss and draw some lessons from the co-management experience on the continent. The paper draws on experiences from southern Africa (Malawi, Mozambique, South Africa, Zambia and Zimbabwe), East Africa (Lake Victoria grouping ñ Kenya, Tanzania and Uganda) and West Africa (Benin, Congo, Ivory Coast, Senegal, etc.) where co-management arrangements in fisheries have been or are in the process of being implemented. In most of these countries, fisheries co-management is a relatively new approach that has only been formally introduced in the last five to eight years. The comparative analysis of the cases at this early stage could give indications of what seem to be the critical issues in the planning and implementation of fisheries co-management arrangements in Africa.
A case-study of the lekgophung tourism lodge, South Africa
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2002) Massyn, Peter John; Swan, Nick
The Lekgophung Lodge is a community-owned wildlife tourism lodge, located in the western part of the Madikwe Game Reserve in the North West Province of South Africa. The Lekgophung community is settled near the western boundary of this protected area. The key case-study question is: How and how much can community-owned lodge development within a protected wildlife area contribute towards sustainably improving livelihoods of households in communities bordering on the protected area? The study considers the following aspects: structural arrangements; funding; financial returns and ‘SMME’ (small, medium and micro enterprise) linkages; employment opportunities; skills acquisition and institution building; lodge governance; and development co-ordination. Direct benefits from the Lekgophung Lodge enterprise are expected to boost average household income in the village by about R3 150 per annum and overall disposable income by more than 26%. The rights and benefits to the Lekgophung community through the lodge are durably secured through a range of mechanisms including long-term lease rights, partnership contracts with private lodge operators, who are required to pay a fixed fee and a percentage of turnover to the community and participation by the community in a multi-stakeholder park-based development steering committee. The lodge is well-integrated with park and local government development initiatives. Although still in the construction phase, the lodge has added value at many levels. The project brings substantial economic benefits and works within the ënewí cost recovery paradigm of protected area management. However, the lodge remains dependent on a capital subsidy and private expertise mobilised via partnerships with the public and private sectors. In taking up lodge governance functions, the Trust and Lekgophung community could benefit from having tools and processes to assess the impact of the lodge on local livelihoods, and to monitor asset and livelihoods trends.
Leaping the fissures: Bridging the gap between paper and real practice in setting up common property institutions in land reform in South Africa
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2002) Cousins, Tessa; Hornby, Donna
New common property institutions (CPIs) were created in South Africa soon after 1994 to enable self-constituted groups of people a choice about how they wished to acquire, hold and manage land. They were to provide rural people with an alternative to individual freehold, tribal administration and other legal group ownership options. This form of CPI, created through the Communal Property Associations (CPA) Act 28 of 1996 (the Act), focused on local constitution making as the mechanism for constituting the group and for realising individual and collective self-determination. However, concerns about the viability of these new institutions were voiced within a month of the publication of the Act (Hornby 1996) and in time became an active discourse that declared them to be failing (LEAP 1999). This paper takes a hard look at the claim that these new common property institutions are failing and argues that there are no meaningful indicators against which assessments of success or failure can be made. It asserts that the tenure security of the group and its members should be the primary purpose of land reform CPIs, because secure tenure is the primary mechanism for reducing risk for vulnerable people and is the universal need of the group. Securing tenure of individual members of CPIs, rests upon the clarity and accessibility of procedures for the assertion and justification of property rights and institutional mechanisms for realising and enforcing these rights. Useful indicators of security then become the degree to which these procedures and mechanisms are known, accessible, equitable, clear, used, socially accepted, transparent and enforced. This in turn requires that CPIs are developed from adaptations of current local practices within a broader environment in which there is legal, institutional and technical coherence and support for this approach. Without an enabling legal, institutional and technical framework, the tenure security of members of CPIs will not be significantly improved. It is political choices that inform whether or not this will take place. The paper begins by analysing what the new CPIs were set up to do and the legal and political framework in which they were created. It goes on to reflect on lessons that the Legal Entity Assessment Project (LEAP) has drawn from assessing the situation of land reform CPIs. Using the focus of tenure security and drawing on lessons from tenure work in Africa, the paper then interrogates in depth how membership has been constituted in land reform CPIs and whether the institutional context in which they have been set up has provided adequate support. It concludes by asserting that community constitutions reflect ambiguous and contradictory definitions of membership without reference to local practices and institutions. The state has not supported CPIs institutionally, or acknowledged the importance of institutional linkages at local level or provided legal, institutional and technical coherence. This creates an indeterminacy that puts tenure for members at risk. The analysis leads to some practical suggestions for field and bureaucratic practices. It proposes that prescriptive requirements are replaced by an approach that enables groups to articulate current procedures and institutions, and uses the suggested indicators to achieve gradual adaptation towards greater equity. A framework such as that offered by the Land Rights Bill is needed to provide support for such an approach and thus broader legal and policy reform is necessary.
The tragic African commons: A century of expropriation, suppression and subversion
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2002) Okoth-Ogendo, HWO
This paper examines the nature of the African commons as a property system; analyses the extent of damage which was inflicted upon it during one hundred years of exploitation, suppression and subversion; explains why, in spite of that damage, the commons have survived; and confronts the issue of what it will take to restore their legitimacy within, and guarantee their status in, positive law alongside other property systems.
Evaluating land and agrarian reform in South Africa : Rural restitution
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Hall, Ruth
During the negotiated transition to democracy, many South Africans expected that liberation would bring the return of land they had been dispossessed of under colonialism and apartheid, but the terms on which the transition was negotiated constrained the parameters of how this could happen. The African National Congress (ANC) did not advocate nationalisation of land at the Convention for a Democratic South Africa (Codesa) constitutional negotiations and later adopted a willing buyer-willing seller approach to land reform. Both the ‘interim’ Constitution of 1993 and the ‘final’ Constitution of 1996 guaranteed the protection of existing property rights, while also placing clear responsibility on the state to implement land reforms. The aim of the restitution programme is to restore land rights or provide other redress to those unfairly dispossessed since the introduction of the Natives Land Act 27 of 1913. Restitution is to address the loss of land rights that resulted from homeland consolidation, forced removals from ‘black spots’, the Group Areas Act and related laws that designated land on a racial basis. Between 1960 and 1983 alone, an estimated 3.5 million people were forcibly removed (Platzky & Walker 1985:9–12). As acknowledged in the White Paper on South African Land Policy, ‘[f]orced removals in support of racial segregation have caused enormous suffering and hardship in South Africa and no settlement of land issues can be reached without addressing such historical injustices’ (DLA 1997:28).
Evaluating land and agrarian reform in South Africa : Final Report
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Hall, Ruth; Jacobs, Peter; Lahiff, Edward
Land dispossession was a key feature of racism under colonial rule and apartheid in South Africa. More than 3.5 million people were forcibly removed in the period 1960 to 1983 alone, through homeland consolidation, removals from ‘black spots’ and the Group Areas Act. One result of massive dispossession is the concentration of poverty in South Africa’s rural areas, where about 70% of the population lives below the poverty line (May 1998). The prospect of democracy in the 1990s raised expectations that the dispossessed would be able to return to their land, but the terms on which political transition was negotiated constrained how this could happen. Despite calls for a radical restructuring of social relations in the countryside, the constitutional negotiations on the protection of property rights, and on the economy more broadly, ensured that land reform would be pursued within the framework of a market-led land reform model, as advocated by the World Bank and implemented in countries such as Brazil, Colombia and Zimbabwe.
Evaluating land and agrarian reform in South Africa : Municipal commonage
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Anderson, Megan; Pienaar, Kobus
This paper compares the performance of the Municipal Commonage Programme of the Department of Land Affairs (DLA) with the objectives stated in the White Paper on South African Land Policy (DLA 1997). This paper will review the extent to which the state has met its obligations under the Constitution to take legislative and other measures, within available resources, to advance persons disadvantaged by unfair discrimination (Section 9(2)), to enable them to gain access to land on an equitable basis (Section 25(5)), including municipal commonage, and to ensure that their tenure to such land is legally secure (Section 25(6)). The paper provides a definition of municipal commonage and its origin, reviews the development and current status of DLA’s commonage programme, assesses its implementation and outcomes, draws conclusions, and makes recommendations aimed at increasing the positive impact of the programme of land reform in South Africa.
Evaluating land and agrarian reform in South Africa : Rural settlement
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Bannister, Sue
The primary focus of South Africa is land reform programme is the acquisition of land and tenure security. The policies and strategies attached to this programme have provided many people with land. However, access to land is only one component of settlement. Settlement includes the acquisition of land or legal tenure of land, shelter and infrastructure. At present, there is no clear national policy to guide processes of settlement. Settlement is not purely about solving the physical accommodation needs of the poor. In the wider concept of sustainable development, the creation of conditions that will ensure the ongoing livelihood of households settled on such land must form part of the planning and establishment of settlements. This requires that provision be made for support in addition to securing the right to own and occupy land. The array of services and resources involved in creating these conditions may be referred to as settlement support.
Evaluating land and agrarian reform in South Africa : Land redistribution
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Jacobs, Peter; Lahiff, Edward; Hall, Ruth
Land dispossession during the colonial era and the decades of apartheid rule produced a highly unequal pattern of land ownership and widespread rural poverty in South Africa. When a democratically elected government came to power in 1994, it adopted a land reform programme to address the problems inherited from the past and the challenge of development in the rural areas. The land reform programme of the South African government is conventionally described as having three legs: restitution, tenure reform and redistribution. While restitution deals specifically with historical rights in land, and tenure reform with forms of land holding, redistribution is specifically aimed at transforming the racial pattern of land ownership.
Evaluating land and agrarian reform in South Africa : Support for agricultural development
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Jacobs, Peter
In South Africa, land reform has to be more than securing land rights and transferring a certain number of hectares to black people. Broadly speaking, it has to take into account the uneven spatial development patterns created under colonial and apartheid rule. People who have secured land rights and access to land must be enabled to improve their livelihoods and deal with other challenges afflicting rural areas: high unemployment, poverty, HIV/Aids and dilapidated infrastructure. Land reform as a whole, particularly the redistribution and restitution programmes, have assisted poor rural people to gain access to land for a range of purposes. Most land reform beneficiaries are interested in using the land for agricultural production. Although this is an integral part of equalising access to agricultural resources and facilitating sustainable, land-based livelihood strategies and support after land transfer has been neglected by the state. Small-scale production to support multiple livelihood strategies has gained little attention in official policy circles.
Evaluating land and agrarian reform in South Africa : Farm tenure
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Hall, Ruth
Farm dwellers are among the poorest South Africans. Most have access to residential land only. A minority has access to grazing land for their livestock or to arable land for cultivation, in return for which they may be required to provide their labour. Farm dwellers’ access to land is precarious – until recently farm owners had unrestricted rights to evict farm dwellers – and is often very limited in its extent. It was in response to these conditions that the Department of Land Affairs (DLA) developed, as part of the national land reform programme, policies to secure the tenure rights of farm dwellers. This report investigates to what extent these policies have succeeded in securing the existing tenure of farm dwellers or providing them with long-term secure rights to alternative land. The report describes the intentions of these policies, the mechanisms created to give effect to them, and the experience in enforcing these new rights. Also discussed are the special rights accorded to labour tenants and the application processes available to labour tenants who want to become owners of the land they use. The report assesses the extent to which the outcomes and impacts of these policies have met their objectives and have realised the rights enshrined in the Constitution. Finally, the report reflects on future challenges and extracts lessons from experience that need to inform future approaches to securing farm dwellers’ rights.
Land reform and biodiversity conservation in South Africa: Complementary or in conflict?
(Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) Kepe, Thembela; Wynberg, Rachel; Ellis, William
This paper aims to improve understanding of the conflicts that have arisen between land reform and conservation, and to encourage better comprehension between the land and conservation sectors. It does this by analysing current experiences in South Africa with regard to land reform in conservation areas, and, through the use of case studies, exploring synergies and tensions which currently exist between these two seemingly disparate objectives. The paper draws heavily on the experiences of those who have been actively involved in the debates, analyses and negotiations concerning land reform in protected areas. This has been done through literature review, an analysis of case studies, and interviews. A major source of information was workshops held by the Department of Land Affairs (DLA), the Department of Environmental Affairs and Tourism (DEAT), and IUCN (The World Conservation Union)-South Africa, to discuss the matter. The first workshop was held in November 1997 and brought together key people from the land and conservation sectors. Its outcome was to catalyse further workshops and the development of a research project on which earlier drafts of this paper were based. Two further workshops were held in July and August 1998 for the land and conservation sectors respectively, and the fourth in September 1998 for both the land and conservation sectors. Information relating to the #Khomani and Mkambati case studies is based on long-term field research within the claimant communities by two of the authors (Ellis and Kepe respectively).

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