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Land Reform – Reflections and Dimensions – The environmental dimension . Willemien du Plessis. Stellenbosch 19 May 2012. South Africa aspires to be a. - PowerPoint PPT PresentationTRANSCRIPT
Willemien du Plessis
Land Reform – Reflections and Dimensions –
The environmental dimension
Stellenbosch19 May 2012
South Africa aspires to be a
• ““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• 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 –
– (i) prevent pollution and ecological degradation;– (ii) promote conservation; and– (iii) secure ecologically sustainable development
and use of natural • 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?
• 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
• Restitution
• Redistribution
• Tenure Reform
IMPACTSLand degradation
Water pollutionBiodiversity loss
DeforestationAnimal diseases
Alien and invasive speciesErosion
THREATSClimate change,
Droughts, FloodsCoastal erosion / sea
level riseMining & Exploration
Biofuels"Land grabbing"
Environmental Health consequences
GMOs
OPPORTUNITIESCommunity based resource
managementGenetic resources and benefit
sharingPayment for ecosystem
servicesFood security
Land restoration / rehabilitation
Renewable energyMonitoring
Climate change
Land grabbing
Mining & exploration
Resource protection
Water
Land
Air
Energy
Agricultural reform
Land tenure reform
Land redistribution
Land RestitutionNational
Provincial
LocalTraditional, councils CPAs, etc
Water, Waste
Mining, Agriculture, Energy
Department of Housing
Dept of Rural Development & Land Reform
Depts of Mineral Resources, Energy, Health
Contributing factors
Land reform programmes
Spheres of governement
Legislation – Nat,
Prov, Local
Departments
Impacts
S 24 Constitution, NEMA
Dept of Environmental Affairs
Biodiversity, Forestry, Protected Areas
Governance
Factors &
Impac
tsLegislation)
Complexity of Environmental law and management in relation to land reform
Land reform project: Example of applicable environmental legislation
Redistribution agricultural
project
National Environmental Management
Act
Environmental Impact Assessment / Environmental
Management FrameworkDuty of care, Polluter pays
NEM: Biodiversity
Act
Bioregional plans / Removal of plants / Benefit sharing / Alien
& Invasive species Protected species
Cultural Heritage Act
Protection of buildings older than 60yrs / sense of place / archeological
resources etc
NEM: Waste Act
Communal waste site
Spatial Land Use
Management Act
"Rezoning" / Housing
project / align with IDP
Animal Health Act / Vetinary
legislation
Animal diseases e.g. FMD, Phakalani
Declaration
NEM: Protected Areas Act
Co-management
National Energy Act / Electricity
Regulation ActIntroduction of
renewable energy e.g. wind / solar
power
National Water Act
Water use – s 21Scheduled water useGeneral authorisation
Existing lawful useDuty of care, polluter pays
National Forest Act
Lists of protected
species / cutting of trees
National Veld & Forest Fire
ActFirebreaks & liability for
fires
Conservation of Agricultural Resources Act
Soil erosionProtection of
wetlandsWeeds
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
• 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
Majengwa, 2006 (PLAAS)
Need for cooperative governance
• 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
• 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
• CONCERTED effort and ASSISTANCE necessary – necessary tools should be in place
• Need overarching technical cooperative bodies and committees to oversee the processes
Thank You!