Policy options on land distribution in South Africa with special reference to the rural community of Cradock in the Eastern Cape : a theological ethical perspective.
This study seeks to investigate the origin ofland injustices in South Africa. The root cause of land injustices, as will be shown in the introduction, is located in human shortcomings of greed, which theologically is tenned sin. All the contributory systems mentioned such as Colonisation and Apartheid are a direct result of sin. No human being is immune from sin, whatever name one may use to describe that shortcoming. The approach adopted throughout the dissertation is an inductive one which first presents the reality as it is and secondly make an analysis of the situation. In this regard chapter two focuses on the dire needs ofland by Africans both in Cradock and the country as a whole. Chapter three examines the concept of ubulungisa justice as an appropriate method for Christians (in South Africa) to address the issue of land injustice. Chapter four acknowledges that the problem of land injustice is global in scope. It is suggested that the experiences of other countries that have gone through similar experiences' have much to offer South Africa: It is also emphasised that the lessons learnt must be adapted to our situation. Chapter five examines the land policies ofthree ofthe dominant South African political parties that are involved in the present Government. These are; the African National Congress, the National Party and the Pan Africanist Congress of Azania. At the same time, a brief critique of their land policies is conducted. This chapter closes by suggesting that an approach that allows all citizens ofthe country to make a contribution be adopted. -....... Chapter six presents a challenge to the Church to accept its role and responsibility. The author submits that the Church has a pastoral and prophetic role to play. The church is challenged to show its commitment to ministry on land injustices by setting an example in the use of its own land, whilst at the same time it challenges the State. This is so because the church has a task to be the conscience ofthe nation by 'being the voice ofthe voiceless. ' Chapter seven, summarises the findings of the dissertation and concludes by suggesting six fundamental ethical principles regarding justice in the land that are worth considering.
An economic case for land reform.
Abstract Land reform is concerned with intervention in the prevailing pattern of land ownership, control, and usage. In the case of land, which is freely traded in the open market, the UK Treasury supports government intervention when some form of market failure has been diagnosed, and if measures to correct for market failure can be shown to be cost-effective. Although market failure has been the subject of intense research effort in the field of environmental and health economics, its potential role in land markets has not been examined. With the prospect of new land reform legislation following closely on the creation of the Scottish Parliament, there is therefore, a need to explore the economic case for intervention in the land market based on market failure. The conclusions, based on the four case studies, are first that market failure is found to be present in the ownership and management of land, and second, that much could be accomplished without the need for new legislation or significant public financing. Although this paper has focused on Scotland and the context for land reform demands differs throughout the world, one conclusion of global relevance is that market failure, rather than the free-market per se is a more likely cause of social unrest over land. This can perhaps be best illustrated by local land monopolies and the barriers that they can create for poorer members of society seeking access to the land resource.
European Consumer Access to Justice Revisited
Part I. Setting the Stage: Access to Justice 2.0: 1. At the very outset 2. Access to justice 2.0: breaking it into pieces Part II. Procedural Law: The Traditional Pillar of Access to Justice 2.0: 3. A brief outline of the developments at the pan-EU level 4. Prime examples 5. Compensatory collective redress: the next step? 6. Where to go from here? Part III. Substantive Law: Complementing Access to Justice 2.0: 7. Widening the scope of the value-oriented justice discussion 8. Substantive consumer law-making in the course of time 9. Recent trends and developments 10. The common European sales law 11. Summarising comments on the defragmentation of substantive consumer laws in the context of the CRD and the CESL Part IV. Consumer Access to Justice 2.0: A Multidimensional Framework: 12. From the current state of consumer law to consumer access to justice 2.0 13. The justice debate and consumer legislation 14. (Responses to) counter-arguments to third-party intervention 15. Consumer empowerment 16. Lessons to be drawn.