Masters Degrees (History)
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Browsing Masters Degrees (History) by Author "Boonzaaier, Igor Quinton"
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- ItemDie invloed van 'n historiese ontwikkelingspatroon op hedendaagse wetgewing en grondhervorming : die wet op landelike gebiede (Wet 9 van 1987) en sy historiese probleme(Stellenbosch : Stellenbosch University, 2001-12) Boonzaaier, Igor Quinton; Kapp, P. H.; Stellenbosch University. Faculty of Arts & Social Sciences. Dept. of History.ENGLISH ABSTRACT: Nobody can deny the need which prevails among black South Africans of gaining access to land. In South Africa, just like elsewhere, the land issue plays an equally important role to economic and political issues. However, the land issue is much more emotional, and has the potential to unleash forces which could impact negatively on the economy and the political situation. Bearing this in mind, the ANC-government placed the issue of land reform on the national agenda after assuming power in 1994. Within the broad framework of the program provision is made for previously disadvantaged people to be given access to agricultural land. However, the focus on new entrants to the agricultural sector diverts the attention somewhat from the fact that there are people and groupings who were also disadvantaged under apartheid, but who have had a degree of access to land. This study focuses on the 23 so-called Rural Areas which are scattered over four provinces (Western Cape, Northern Cape, Eastern Cape and the Free State) and which are administered in terms of the Rural Areas Act, Act 9 of 1987. Since the study is no more than an overview, a synopsis is given of contributing factors which relate to the origins of each of the areas. Of importance is the role which was played by missionary societies and others in establishing these communities. The mam focus of the study is the manner in which the Rural Areas were administered. Reference is made to relevant legislation since 1909, and specifically to Act 9 of 1987. The importance thereof lies in the fact that the existence and continued application of the Act has particular constitutional implications. Furthermore, the Minster of Land Affairs, who is responsible for the implementation of the land reform program, is the (unwilling) trustee of these areas. Apart from the fact that trusteeship recalls paternalism of years gone by, the South African reality also necessitated reflection on the existence of Act 9. The rest of the study discusses the consultation process undertaken by the department of Land Affairs with the communities concerned, and the writing of legislation to replace Act 9. The Transformation of Certain Rural Areas Act, Act 94 of 1998, will replace Act 9 when certain conditions mentioned therein, have been met. The Act will end trusteeship and ensure that the communities receive ownership of their land. This will be a movement towards the ideal of the land reform process of giving access to land to all inhabitants of the country.