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!