Land Reform and the Environmental Dimension: Reflections and Dimensions

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!