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29 March 2018 Photo Rulanzen Martin
UWC environmental researchers unpack land restitution
Mr Lindokuhle Khumalo with Dr Stephanie Cawood, CGAS Acting Director, and Prof Shirley Brooks.

The Centre for Gender and Africa Studies (CGAS) recently hosted Prof Shirley Brooks and Mr Lindokuhle Khumalo from the Department of Geography, Environmental Studies and Tourism at the University of the Western Cape (UWC), as part their seminar series. 

The subject of the talk was Environmental justice and Land Reform: Unpacking power and privilege in the context of KwaZulu-Natal’s Biodiversity Stewardship Programme. The seminar was held on the Bloemfontein Campus on 22 March 2018.

Research focus on land restitution 

Discussion on land reform is often isolated from questions about environmental justice. In addition, “Environmental justice debates have tended to focus on questions of environmental quality, especially in urban areas, such as the location of toxic waste sites near poor communities.” Their work attempts to bring these two areas of interest together.

Their work focuses on land restitution. This is the process which follows after a successful land claim. “In the case we presented, the state purchased a private game reserve, and in terms of the settlement, the land beneficiaries became the new land owners. Ownership is now vested in the community trust.” However, in terms of the settlement, a management company runs the reserve. In effect, the former land owners continue to run the operations of the company as a private game reserve. “Our work raises questions about the environmental justice of this agreement,” Mr Khumalo said. 

It is also a sad reality that many members of the beneficiary community have never set foot on the reserve; it is therefore difficult to establish how this outcome achieves true environmental justice.

What is the Biodiversity Stewardship Programme?

“The Biodiversity Stewardship Programme (BSP) is an approach to extend biodiversity conservation beyond formal protected areas such as national or provincial parks,” Prof Brooks said. It is achieved by entering into legal agreements between private and communal landowners. In KwaZulu-Natal, the programme is led and facilitated by the provincial conservation authorities; it is also supported by environmental NGOs such as the World Wildlife Fund and the Wildlands Trust

News Archive

SA must appoint competent judges
2009-05-08

 

At the inaugural lecture are, from the left: Prof. Teuns Verschoor, Acting Rector of the UFS, Judge Farlam and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.

Supreme Court of Appeal Judge Ian Farlam has called on the South African government to appoint and continue to appoint competent, fair and experienced judicial officers to sit in the country’s courts.

He also emphasised the need to have an efficient and highly respected appellate division, which rightly enjoys the confidence of all.

Judge Farlam was speaking at the University of the Free State (UFS) where he delivered his inaugural lecture as Extraordinary Professor in Roman Law, Legal History and Comparative Law in the Faculty of Law.

He said there were important lessons that emanated from the study of legal history in the Free State, particularly including the lesson that there were courageous jurists who spoke up for what they believed to be right, and a legislature who listened and did the right thing when required.

“This is part of our South African heritage which is largely forgotten – even by those whose predecessors were directly responsible for it. It is something which they and the rest of us can remember with pride,” Judge Farlam said.

Addressing the topic, Cox and Constitutionalism: Aspects of Free State Legal History, Judge Farlam used the murder trial of Charles Cox, who was accused of killing his wife and both daughters, to illustrate several key points of legal history.

Cox was eventually found guilty and executed, however, the trial caused a deep rift between the Afrikaans and English speaking communities in the Free State.

Judge Farlam also emphasised that the Free State Constitution embodied the principle of constitutionalism, with the result that the Free State was a state where the Constitution and not the legislature was sovereign. He said it was unfortunate that this valuable principle was eliminated in the Free State after the Boer War and said that it took 94 years before it was reinstated.

Judge Farlam added, “Who knows what suffering and tragedy might not have been avoided if, instead of the Westminster system, which was patently unsuited to South African conditions, we had gone into Union in 1910 with what one can describe as the better Trekker tradition, the tradition of constitutionalism that the wise burghers of the Free State chose in 1854 to take over into their Constitution from what we would call today the constitutional best practice of their time?”

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison 
Tel: 051 401 2584 
Cell: 083 645 2454 
E-mail: loaderl.stg@ufs.ac.za
8 May 2009
             

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