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Land Reform and the Environmental Dimension: Reflections and Dimensions

This article explores the relationship between land reform and the environment, highlighting the impacts, opportunities, and threats associated with land reform. It discusses the need for interdisciplinary approaches and long-term planning to ensure sustainable livelihoods and the responsible use of ecological resources. The article also examines the intersection of environmental law and land reform projects.

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Land Reform and the Environmental Dimension: Reflections and Dimensions

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  1. Land Reform – Reflections and Dimensions – The environmental dimension Willemien du Plessis Stellenbosch 19 May 2012

  2. 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)

  3. Section 24 Constitution • 24. Everyone has the right to • (a) an environment that is not harmful to theirhealth 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.

  4. 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

  5. "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"

  6. "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) pp48-49: • "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 hectarageof land. "

  7. PhulihlisaniConsultants 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

  8. Land reform, environmental impacts • IMPACTS • Land degradation • Water pollution • Biodiversity loss • Deforestation • Animal diseases • Alien and invasive species • Erosion • OPPORTUNITIES • Community based resource management • Genetic resources and benefit sharing • Payment for ecosystem services • Food security • Land restoration / rehabilitation • Renewable energy • Monitoring • THREATS • Climate change, Droughts, Floods • Coastal erosion / sea level rise • Mining & Exploration • Biofuels • "Land grabbing" • Environmental Health consequences • GMOs • Restitution • Redistribution • Tenure Reform

  9. Land Restitution National Land reform programmes Spheres of governement Land redistribution Provincial Local Land tenure reform Traditional, councils CPAs, etc Agricultural reform Governance S 24 Constitution, NEMA Water Legislation – Nat, Prov, Local Impacts Biodiversity, Forestry, Protected Areas Land Water, Waste Air Factors & Impacts Legislation) Mining, Agriculture, Energy Energy Dept of Environmental Affairs Climate change Departments Land grabbing Department of Housing Contributing factors Dept of Rural Development & Land Reform Mining & exploration Resource protection Depts of Mineral Resources, Energy, Health Complexity of Environmental law and management in relation to land reform

  10. Land reform project: Example of applicable environmental legislation Environmental Impact Assessment / Environmental Management Framework Duty of care, Polluter pays Animal diseases e.g. FMD, Phakalani Declaration Lists of protected species / cutting of trees "Rezoning" / Housing project / align with IDP Animal Health Act / Vetinary legislation Water use – s 21 Scheduled water use General authorisation Existing lawful use Duty of care, polluter pays National Environmental Management Act Spatial Land Use Management Act National Forest Act Co-management Communal waste site NEM: Protected Areas Act National Water Act Redistribution agricultural project NEM: Waste Act Conservation of Agricultural Resources Act NEM: Biodiversity Act National Veld & Forest Fire Act Firebreaks & liability for fires Cultural Heritage Act National Energy Act / Electricity Regulation Act Soil erosion Protection of wetlands Weeds Bioregional plans / Removal of plants / Benefit sharing / Alien & Invasive species Protected species Introduction of renewable energy e.g. wind / solar power Protection of buildings older than 60yrs / sense of place / archeological resources etc

  11. 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

  12. 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

  13. 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

  14. Thank You!

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