Transcript US 2014 W du plessis - South African Research Chair in Property

Land Reform – Reflections and
Dimensions –
The environmental dimension
Willemien du Plessis
Stellenbosch
19 May 2012
South Africa aspires to be a
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““sustainable, economically
prosperous and self-reliant nation
state that safeguards its democracy by
meeting the fundamental human
needs of its people,
by managing its limited ecological
resources responsibly for current
and future generations, and
by advancing efficient and effective
integrated planning and governance
through national, regional and global
collaboration”
– South Africa’s National Strategy for
Sustainable Development and Action
Plan (NSSD 1)
Section 24 Constitution
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24. Everyone has the right to
(a) an environment that is not harmful to their
health or well-being and
(b) to have the environment protected, for the benefit
of present and future generations, through
reasonable legislative and other measures that –
prevent pollution and ecological degradation;
– (ii)
promote conservation; and
– (iii)
secure ecologically sustainable development
and use of natural
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(i)
• resources while promoting justifiable economic and social
development.
What is the environment?
• “environment.’ means the surroundings within which
humans exist and that
• are made up of—
– (i) the land, water and atmosphere of the earth:
– (ii) micro-organisms, plant and animal life:
– (iii) any part or combination of (i) and (ii) and the
interrelationships among and between them: and
– (iv) the physical, chemical, aesthetic and cultural
properties and conditions of the foregoing
– that influence human health and well-being
– S 1 National Environmental Management Act 107 of 1998
"Environment" and Land
Reform?
• UN Habitat states that
– "Close link between poverty
and environmental
degradation"
• Weideman, 2011
– "ample international
evidence to indicate that
inappropriate land reform
programmes (or
programmes that do not
provide adequate support to
resettled communities)
contribute to environmental
destruction"
"Environment" and Land Reform?
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Phulihlisani Consultants in 2005 after undertaking 4 case studies:
Phuhlisani and Developmental Services: Tender bid DLA 05/02/C
(2004/05) pp 48-49:
• "Highlighted the social, economic, ecological and
institutional complexity of land reform, and
• Made it clear that land reform involves much more than
transferring a targeted hectarage of land. "
Phulihlisani Consultants 2005
• "Land reform represents a
convergence of the lives and
livelihoods of the people who acquire
it with:
– The planning and implementation of
feasible and sustainable livelihood
activities
– The sustainable management and
utilisation of natural resources
– Compliance with a wide range of
legislation
– The creation of robust and adaptive
institutions
– The development of linked management
capacity.
• This requires an interdisciplinary
approach and a long term view."
Adapted from NSSD
– Du Plessis & Feris
Land reform, environmental impacts
IMPACTS
Land degradation
Water pollution
OPPORTUNITIES
• Redistribution
THREATS
Biodiversity
loss
Community based resource
Climate change,
management Deforestation
Droughts, Floods
• Tenure
Reform
Genetic
resources andAnimal
benefitdiseases
Coastal erosion / sea
sharing Alien and invasive
level rise
Payment for ecosystemspecies
Mining
& Exploration
Erosion
services
Biofuels
Food security
"Land grabbing"
Land restoration /
Environmental Health
rehabilitation
consequences
Renewable energy
GMOs
Monitoring
• Restitution
National
Spheres of
governement
Land Restitution
Land redistribution
Provincial
Local
Land tenure reform
Traditional, councils CPAs, etc
S 24 Constitution, NEMA
Agricultural reform
Governance
Legislation
– Nat,
Biodiversity, Forestry,
Prov, Local
Protected Areas
Water, Waste
Mining, Agriculture, Energy
Dept of Environmental Affairs
Departments
Land reform
programmes
Department of Housing
Dept of Rural Development & Land Reform
Depts of Mineral Resources, Energy, Health
Water
Impacts
Land
Air
Energy
Climate change
Land grabbing
Mining & exploration
Contributing
factors
Resource protection
Complexity of Environmental law and management in relation to land reform
Land reform project: Example of applicable
Environmental Impact
environmental legislation
Animal diseases
Assessment / Environmental
e.g. FMD,
Management Framework
Lists
of
Duty of care, Polluter pays
Phakalani
"Rezoning" /
Declarationprotected
Housing
species / cutting
project
/ align
Animal
of Health
trees
Water use – s 21
with
IDP
Act
/
Vetinary
National
Land
Scheduled water Spatial
use
legislation
General authorisation Use
National Environmental
CoExisting lawful use
Management
Forest Act Management
management
Duty of care, polluter pays
Act
Act
Communal
NEM:
waste site
Protected
National Water
Redistribution
NEM: Waste
Areas Act
Act
agricultural
Conservation
Act
project
of Agricultural NEM:
National Veld
Biodiversity
Resources Act
& Forest Fire
Act
Firebreaks &
Cultural ActNational
liability for
Heritage ActEnergy Act /
Soil
erosion
Bioregional
plans
/ Removal of
fires
Introduction of
Protection
of / Alien
Electricity
plants / Benefit
sharing
Protection of
buildings
renewable
wetlands
& Invasive
species
Regulation Act
older than 60yrs
/ sense
energy
e.g.
Protected
species
Weeds
of place / archeological
wind / solar
resourcespower
etc
What is in place?
• Policy and Guidelines on the Integration of
Environmental Planning into Land Reform and Land
Development
– 2012 Call for revision (prior – seem to be limited implementation)
• Animal Veld Management Programme Launch in
Limpopo, 17 March 2014
– to improve land use in communal areas thus contributing to
improved environmental practices
• Community Driven Commercial Forestry, 17 January
2014
• Climate Change Stakeholder Workshops Presentations
across the country: June 2013
• National Youth Services Corps - Youth empowerment
programme - Environmental training
• Rural Disaster Management programmes
– Capacity building of rural communities to understand
disasters caused by either human or natural activities
Majengwa, 2006 (PLAAS)
• Effective environmental
management driven by local
initiative and participation
• should provide the key to
reducing rural poverty,
• as well as conserving the
natural resource base.
• The active involvement of
local people in the process
is therefore perceived
• as being a prerequisite for
sustainable land reform
• TRAINING & INFORMATION
Need for cooperative governance
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Chapter 3 of the Constitution
Inter-governmental Relations Framework Act
Opportunities for cooperation to ensure that land reform projects
achieve its aims but within the
Goals and outcomes set by government
Already see cooperation in plans of government to achieve
Sustainable rural livelihoods
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Should not remain a plan on paper
The HOW should be addressed and then activities should be
MONITORED and regularly EVALUATED
RECTIFICATION STEPS should be taken IN TIME – should not wait until
a land reform project fails
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CONCERTED effort and ASSISTANCE necessary – necessary tools
should be in place
Need overarching technical cooperative bodies and committees to
oversee the processes
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Thank You!