AffiliationsPhuhlisani is a member of the Land Network National Engagement Strategy (LANDNNES). This network brings together different CSO's and individual tenure specialists working in the rural and urban land sectors. Network members make submissions on land, planning and tenure reform legislation.
Since 2017 Phuhlisani NPC has had a working relationship with the Land Portal, an international land sector NGO . We summarise our recent and current work below. |
David Mayson heads up Phuhlisani's work nationally and in the Western and Northern Cape. Dr Siyabu Manona focuses on work in the Eastern Cape while contributing to national land policy and practice.
2024 Progress update
Phuhlisani NPC continues its work in land reform, rural development, and community support across South Africa. This summary provides an overview of our activities, progress, and reflections on the challenges and opportunities we've encountered in 2024.
Ongoing Consultancies: Building Partnerships for Change
Our consultancy work has yielded significant outcomes this year:
Funded Programmes: Fostering Community Development
Elandskloof
The Elandskloof community development project has seen several milestones:
Land administration
Our Land Administration Project, a collaboration with LARC and the LRC, has secured R5 million in funding. This project aims to improve understanding and practices in areas with off-register land rights, a critical issue in South African land reform.
LandNNES
Phuhlisani has been appointed as the new Fiscal Host for LandNNES. This role presents opportunities to influence national and international land initiatives, while also challenging us to balance multiple stakeholder interests.
New Initiatives: Expanding Our Scope
We are also involved in several new projects this year
Research and Knowledge Contribution
Our specialised website knowledgebase.land has compiled more than 6000 news articles across a wide range of land related themes. Members of our team continue to contribute to academic and policy discussions through research and publications. Recent articles have explored land governance policy and sustainability in infrastructure projects. This work not only shares our insights but also challenges us to critically examine our practices and assumptions.
Looking Ahead: Reflections and Future Directions
As we move forward, Phuhlisani remains committed to sustainable rural development, improved land administration, and community empowerment. We recognize the complex and often contentious nature of land reform in South Africa, and we continue to refine our approaches based on our experiences.
We're actively seeking new partnerships and funding opportunities to expand our impact. However, we're also mindful of the need to balance growth with the quality and depth of our interventions.
The challenges we face in land reform and rural development in South Africa are significant, but so too are the opportunities for meaningful change. We invite stakeholders to engage with us in this ongoing process of learning, adaptation, and transformation.
Ongoing Consultancies: Building Partnerships for Change
Our consultancy work has yielded significant outcomes this year:
- In collaboration with the IDC, we established the Sheraton Workers' Trust, marking a step forward in worker empowerment.
- Our partnership with ACWA Power in the Northern Cape has progressed, focusing on facilitating partnerships between black farmers and permanent workers. This project has highlighted the complexities of transforming agricultural landscapes.
- The Land Rights Management Facility appointed us to their panel for mediation and CPA regularization projects, recognizing our expertise in this field.
- We're contributing to national resource management by working with WWF, DFFE, and DWS to revise the Framework for Strategic Water Source Areas.
- In Ebenhaeser, we're providing ongoing support to the CPA Committee, Trust, and company. This work has deepened our understanding of the challenges faced by communities in managing land and institutional arrangements.
Funded Programmes: Fostering Community Development
Elandskloof
The Elandskloof community development project has seen several milestones:
- Establishment of Elandskloof Community Enterprises
- Development and adoption of land use management principles
- Submission of water use license applications
- Advancement in governance processes, including committee elections and policy development
- Securing funding for a crèche construction project using alternative building methods
Land administration
Our Land Administration Project, a collaboration with LARC and the LRC, has secured R5 million in funding. This project aims to improve understanding and practices in areas with off-register land rights, a critical issue in South African land reform.
LandNNES
Phuhlisani has been appointed as the new Fiscal Host for LandNNES. This role presents opportunities to influence national and international land initiatives, while also challenging us to balance multiple stakeholder interests.
New Initiatives: Expanding Our Scope
We are also involved in several new projects this year
- The "Source to Sea" project, developed with WWF, focuses on sustainable water use in the Doring/Olifants river catchment. This project underscores the interconnectedness of environmental and social issues in rural development
- The Driehoek Conservation Hub concept in the Cedarberg area aims to integrate conservation efforts with community development. This initiative has prompted us to reconsider traditional approaches to conservation and community engagement.
- We're developing a comprehensive support programme for Communal Property Associations across South Africa, drawing on our experiences and recognizing the crucial role these organizations play in land reform.
Research and Knowledge Contribution
Our specialised website knowledgebase.land has compiled more than 6000 news articles across a wide range of land related themes. Members of our team continue to contribute to academic and policy discussions through research and publications. Recent articles have explored land governance policy and sustainability in infrastructure projects. This work not only shares our insights but also challenges us to critically examine our practices and assumptions.
Looking Ahead: Reflections and Future Directions
As we move forward, Phuhlisani remains committed to sustainable rural development, improved land administration, and community empowerment. We recognize the complex and often contentious nature of land reform in South Africa, and we continue to refine our approaches based on our experiences.
We're actively seeking new partnerships and funding opportunities to expand our impact. However, we're also mindful of the need to balance growth with the quality and depth of our interventions.
The challenges we face in land reform and rural development in South Africa are significant, but so too are the opportunities for meaningful change. We invite stakeholders to engage with us in this ongoing process of learning, adaptation, and transformation.
The inside story
Our different focus areas are described in more detail below.
Transforming land governance
Phuhlisani NPC has a long history in addressing land rights management issues in both rural and urban settings. This work has included clarification of land rights in former 'coloured reserves' where rights are regulated in terms of the Transformation of Certain Rural Areas Act (TRANCRAA) including Ebenhaeser and Slangriver. We have also provided support for the settlement of the complex Ebenhaeser Restitution Claim and the revitalisation of the Communal Property Association established by the ‡Khomani San.
Strengthening land rights and land administration in South Africa
Phuhlisani NPC in partnership with the Land and Accountability Research Centre and the Legal Resources Centre is working on an innovative project to address crucial land administration deficits. The project’s broad objective is to strengthen land rights and land administration of the vulnerable in South Africa. This will be done through detailed research and consultative engagements and testing conditions on the ground to ultimately advise and present evidence on land rights registration and land administration reforms.
Analysis of 2011 Census statistics indicated that around 60% of people in South Africa live in situations where their land rights are not recorded in any formal land administration system. New estimates suggest this figure has risen to 70%. Some of these rights may be reasonably secure within their local social contexts but they lack full recognition and administrability and are subject to ongoing legal uncertainties and administrative ambiguities. Rights holders consequently cannot enjoy all the benefits of public recognition and citizenship, particularly with regard to accessing services of various kinds, both state and private.
The project aims to:
During the last two decades there has generally been a conflictual relationship between the state and civil society regarding these issues of off-register rights and related land administration. This has resulted in a number of court cases where either the state has been taken to court or the courts have been approached for a declaratory order on the law in such issues.
More recently there has been a change in approach where the state, and particularly the Department of Agriculture, Land Reform and Rural Development (DALRRD), has been working with different parties in civil society and, more broadly, engaging in international agencies which have offered to assist the state in finding a new land registration system (Kadaster – the Dutch parastatal land registry with whom LARC, LRC and Phuhlisani have been collaborating). Building on this change of approach, the project will have two advocacy and collaboration sessions to which a broad grouping of key stakeholders will be drawn together to engage the issues within the project.
A central component of that project is engaging with land tenure related issues in four communities that represent a range of land rights and administration systems. The aim of engaging these communities is to:
The findings and lessons will be:
Once there is clarity, and hopefully agreement on a strengthened land right and administration system, there will be a specifically designed training programme with key people focusing on 1) understanding land rights, land registries and land administration systems and particularly 2) the new approach developed through this project and the mechanism needed to operationalise it.
The whole project is managed by a core team bringing together key people in Phuhlisani, LARC and LRC.
Analysis of 2011 Census statistics indicated that around 60% of people in South Africa live in situations where their land rights are not recorded in any formal land administration system. New estimates suggest this figure has risen to 70%. Some of these rights may be reasonably secure within their local social contexts but they lack full recognition and administrability and are subject to ongoing legal uncertainties and administrative ambiguities. Rights holders consequently cannot enjoy all the benefits of public recognition and citizenship, particularly with regard to accessing services of various kinds, both state and private.
The project aims to:
- investigate how land rights are understood and managed on the ground in families, groups and communities in different contexts, the actual practice of different components of land tenure administration in these different contexts, and how this articulates with local authorities as well as municipal, provincial and national institutions;
- investigate the strengths, weaknesses and limitations of off-register rights and the related administration systems;
- based on the knowledge gained, contribute to the conceptualisation of an integrated land administration system with recommendations for law reform and reconfiguration of governance where necessary; and
- develop partnerships and collaborations with key actors to strengthen land rights and reform the land administration system.
During the last two decades there has generally been a conflictual relationship between the state and civil society regarding these issues of off-register rights and related land administration. This has resulted in a number of court cases where either the state has been taken to court or the courts have been approached for a declaratory order on the law in such issues.
More recently there has been a change in approach where the state, and particularly the Department of Agriculture, Land Reform and Rural Development (DALRRD), has been working with different parties in civil society and, more broadly, engaging in international agencies which have offered to assist the state in finding a new land registration system (Kadaster – the Dutch parastatal land registry with whom LARC, LRC and Phuhlisani have been collaborating). Building on this change of approach, the project will have two advocacy and collaboration sessions to which a broad grouping of key stakeholders will be drawn together to engage the issues within the project.
A central component of that project is engaging with land tenure related issues in four communities that represent a range of land rights and administration systems. The aim of engaging these communities is to:
- understand the existing land rights and administration systems in a range of representative contexts in South Africa;
- draw lessons from these situations for the purposes of local institutional development and national policy-making aimed at tenure security;
- use the findings from these trials to contribute to the development of a fit-for-purpose land administration system that responds to local needs and builds a suitable national public administration system for administering land in South Africa — and which is applicable to a range of contexts.
The findings and lessons will be:
- documented in regular narrative reports with indicators of particular steps reached showing achievements, failures and ongoing challenges, culminating in a consolidated report of all four cases;
- communicated via a specially designed communication programme for regular reporting in appropriate formats to the key stakeholders to which the findings are relevant, principally government, relevant civil society organisations and networks and communities across the country.
Once there is clarity, and hopefully agreement on a strengthened land right and administration system, there will be a specifically designed training programme with key people focusing on 1) understanding land rights, land registries and land administration systems and particularly 2) the new approach developed through this project and the mechanism needed to operationalise it.
The whole project is managed by a core team bringing together key people in Phuhlisani, LARC and LRC.
Supporting the Elandskloof community and CPA towards integrated development on their land
The Elandskloof community have their origins in the area surrounding the Elandskloof valley near Citrusdal. The Dutch Reform Church purchased part of the land in 1862 and set up a mission station in the valley. Later, in 1900, the Church bought a further portion – the surrounding mountains.
The Elandskloof community then lived on the farm, under the authority of the missionaries for the next 100 year.
In 1962, the community consisting of 600 people were forced off the land and lost most of their possessions including livestock. While most families were scattered all over the Cape Province, a small group of 20 families were granted rights to reside on a nearby farm by the owner of the farm, Allandale.
The community approached the Advisory Commission on Land Allocation set up under the Apartheid government in 1991 in an attempt to get their land back. This was not successful and then when the Commission for the Restitution of Land Rights was established in terms of the Restitution of Land Rights Act of 1994, their claim was submitted to the Commission. Negotiations between the community (supported by Legal Resources Centre and Surplus People Project) and the Department of Land Affairs (DLA) and the Commission resulted in the claim being taken to the Land Claims Court and the court granting the restoration of land in a court order on the 15th October 1996. The community established a Communal Property Association (the first one to be registered) and the property was transferred to the CPA in December 1996.
A detailed planning process was undertaken by a consortium of planning organisations with the CPA Committee and resulted in a proposed Plan for the resettlement. Funds were made available by the DLA but departmental policy at the time precluded the use of the settlement grant for bulk infrastructure provision and the lack of commitment by provincial, district and local government parties led to the project grinding to a halt. This in turn exacerbated the already existing tensions in the community (in particular between those that had remained in the area after the dispossession and those that had dispersed across the Cape Province at the time).
The conflict within the community escalated, the housing and other development initiatives ground to a halt and the farming of the land stopped. The DLA eventually approach the High Court to request that the CPA be placed under Administration (in terms of Section 13 of the CPA Act of 1996), and with the community not opposing this, the court granted this request and the DLA took over the administration in November 2005.
The interventions of the Department during the period that the CPA has been under Administration occured in three distinct phases:
The Elandskloof community then lived on the farm, under the authority of the missionaries for the next 100 year.
In 1962, the community consisting of 600 people were forced off the land and lost most of their possessions including livestock. While most families were scattered all over the Cape Province, a small group of 20 families were granted rights to reside on a nearby farm by the owner of the farm, Allandale.
The community approached the Advisory Commission on Land Allocation set up under the Apartheid government in 1991 in an attempt to get their land back. This was not successful and then when the Commission for the Restitution of Land Rights was established in terms of the Restitution of Land Rights Act of 1994, their claim was submitted to the Commission. Negotiations between the community (supported by Legal Resources Centre and Surplus People Project) and the Department of Land Affairs (DLA) and the Commission resulted in the claim being taken to the Land Claims Court and the court granting the restoration of land in a court order on the 15th October 1996. The community established a Communal Property Association (the first one to be registered) and the property was transferred to the CPA in December 1996.
A detailed planning process was undertaken by a consortium of planning organisations with the CPA Committee and resulted in a proposed Plan for the resettlement. Funds were made available by the DLA but departmental policy at the time precluded the use of the settlement grant for bulk infrastructure provision and the lack of commitment by provincial, district and local government parties led to the project grinding to a halt. This in turn exacerbated the already existing tensions in the community (in particular between those that had remained in the area after the dispossession and those that had dispersed across the Cape Province at the time).
The conflict within the community escalated, the housing and other development initiatives ground to a halt and the farming of the land stopped. The DLA eventually approach the High Court to request that the CPA be placed under Administration (in terms of Section 13 of the CPA Act of 1996), and with the community not opposing this, the court granted this request and the DLA took over the administration in November 2005.
The interventions of the Department during the period that the CPA has been under Administration occured in three distinct phases:
- Under an appointed service provider, Mediation Transformation Practice (1 December 2006 until May 2008)
- Under the West Coast District Office of the Department (June 2008 until December 2018)
- Administrative management by the elected CPA committee supported by the Directorate Tenure Reform Implementation (January 2019 to date).
The conflict has been intensive for most of the period and has meant that there has been little progress with the housing developments and with the use of the land for production purposes. However, with the election of a new Committee in 2019, however, the Department reported the following:
Moreover, the Committee has utilised the proceeds from the sale of the Buchu to pay a town planner to develop and submit a “General Plan” for the residential area which is the first steps towards establishing the area formally and then assessing funds for housing so that hopefully the members who moved back to the land in 1996 can finally obtain formal housing and reliable services.
While the history of the Elandskloof community since its return to the land has been one of severe and debilitating conflict, during which the responses from the Department have most often not been integrated, it is very apparent that the community, and the leadership have moved into a different place and it is ripe for a holistic intervention and comprehensive support.
[1] MEMORANDUM: Request for Director General’s instruction regarding the lifting of the Administration Order on Elandskloof Communal Property Association, CPA96/0001/A in terms of Section 13(2) Of the Communal Property Associations Act No. 28 Of 1996.
- While the sources of conflict still remain, the updated and more inclusive membership register approved at the AGM of 15 November 2019, the legitimacy of the committee amongst the members and broader community, and the general firm leadership of the committee members help in stabilising intracommunity relations.
- With regard to what is left of the immovable assets, the committee put a stop to the disorganised harvesting of Buchu and wildflowers, putting systems and rules in place to ensure sustainability and a positive bank balance for the ECPA for the first time in more than 15 years.
- In terms of its obligations as determined by Act 28 of 1996 and the Constitution of the ECPA, regular general meetings are held and after the Covid 19 restrictions were relaxed the Committee held its first Annual General Meeting with the Department playing only the role of observer[1].
Moreover, the Committee has utilised the proceeds from the sale of the Buchu to pay a town planner to develop and submit a “General Plan” for the residential area which is the first steps towards establishing the area formally and then assessing funds for housing so that hopefully the members who moved back to the land in 1996 can finally obtain formal housing and reliable services.
While the history of the Elandskloof community since its return to the land has been one of severe and debilitating conflict, during which the responses from the Department have most often not been integrated, it is very apparent that the community, and the leadership have moved into a different place and it is ripe for a holistic intervention and comprehensive support.
[1] MEMORANDUM: Request for Director General’s instruction regarding the lifting of the Administration Order on Elandskloof Communal Property Association, CPA96/0001/A in terms of Section 13(2) Of the Communal Property Associations Act No. 28 Of 1996.
Source to sea
Phuhlisani has been working with WWF and a company called the Freshwater Research Centre on developing a project called Source to Sea. It is focused on the Doring/Olifants river in the north West Coast – including the Matzikama area where we did the Area-based Plan previously and where Ebenhaeser is located.
The aim is to get all the water users along the whole catchment to commit to using water more sparingly to ensure that the river remains healthy and the ecological reserve is maintained. Maintaining the ecological reserve is a requirement of the Water Act but in many places it is not successfully maintained.
The project includes some technical aspects on methods to conserve water and then to monitor use. It also includes a lot of facilitation and trying to get people in different parts of the catchment to work together.
The healthy river has a direct impact on the artisanal fishers who are at the mouth of the river as they fish in the estuary and a clogged river will reduce the fish stocks. The project will draw them in directly to being part of the monitoring of the river flows. These fishers are part of the Ebenhaeser community. This large and multiyear project is currently in search of funding.
The aim is to get all the water users along the whole catchment to commit to using water more sparingly to ensure that the river remains healthy and the ecological reserve is maintained. Maintaining the ecological reserve is a requirement of the Water Act but in many places it is not successfully maintained.
The project includes some technical aspects on methods to conserve water and then to monitor use. It also includes a lot of facilitation and trying to get people in different parts of the catchment to work together.
The healthy river has a direct impact on the artisanal fishers who are at the mouth of the river as they fish in the estuary and a clogged river will reduce the fish stocks. The project will draw them in directly to being part of the monitoring of the river flows. These fishers are part of the Ebenhaeser community. This large and multiyear project is currently in search of funding.
Sheraton Textiles Employees Trust
The Industrial Development Corporation (IDC) is currently the owner of 100% of the shares in Sheraton Textiles Holdings. It has decided to grant 15% of these shares to the workers in the company, to be held in a trust on behalf of the workers. Phuhlisani NPC was appointed to facilitate the establishment of the Sheraton Textiles Employees Trust (STET - the name chosen by the employees) to receive the 15% shares to be sold (at nominal value) by IDC to the Trust
The project objectives are linked to the IDCs broader transformation objectives:
The project objectives are linked to the IDCs broader transformation objectives:
- “To promote participation of all employees, especially the Historically Disadvantaged South Africans (HDSA) in the South African economy by acquiring an equity stake on behalf of Communities/Workers.
- To democratically facilitate participatory and transparent establishment of the Communities/Workers Trust and election of Trustees.
- To ensure that socio-economic transformation and advancement of B-BBEE objectives are realised and attained through the establishment of sustainable community/workers trusts.”
Phuhlisani's work in the Eastern Cape
Dr Siyabu Manona heads up Phuhlisani's work in the Eastern Cape.
This has included:
This has included:
- developing a conceptual design for the establishment of a central economic data facility for the Eastern Cape for the Eastern Cape Development Corporation.
- undertaking a study of the wider implications of the CASAC and Others V Ingonyama Trust and Others. The conduct of Ingonyama Trust was found to be illegal and unconstitutional, as it undermined the indigenous land rights of people occupying the land by converting their land tenure rights into leasehold. The verdict was a huge affirmation of indigenous land rights, but many challenges must be overcome if the judgment is to translate into clear policy.
- providing support to the Amadiba Crisis Committee as part of the technical team. The team is transdisciplinary constituted by a team of engineers, activists, geographer, planners, economists and environmentalists.
Knowledge work
Knowledgebase.land
Phuhlisani provides a trusted news and resource hub for anyone with an interest in rural and urban land issues in South Africa and the subcontinent. KB.L has been operational since 2018. The website and linked Twitter account @knowledgebasel provides essential information on land issues in South Africa and the Southern, Central and East African region. We cover a wide range of issues both rural and urban relating to land policy and law, climate change and land rights and mining. As August 2024 we now have more than 6000 articles curated on the site. Through our ongoing relationship with the Land Portal we provide direct links to the complete set of Africa country profiles researched by the Land Portal's Knowledge Engagement Team.
Check out the video prepared for a recent UKESA webinar to get the full story and coverage provided by KB.L.
Check out the video prepared for a recent UKESA webinar to get the full story and coverage provided by KB.L.
Recently completed work
A list of recently completed projects follows below.
Competition Commission inquiry into Fresh Produce Markets
The Competition Commission of South Africa (Commission) undertook an inquiry into competition in the Fresh Produce Markets, the Fresh Produce Market Inquiry (FPMI). The Commission believes that there may be features that “impede, restrict or distort competition and/ or participation” in the fresh produce markets. Phuhlisani contributed the analysis of Fresh Produce Markets in the Western Cape.
The FPMI focused on 3 broad themes:
The FPMI focused on 3 broad themes:
- Efficiency of the value chain, with an emphasis on the dynamics around fresh produce market facilities.
- Market dynamics of key inputs and its impact on producers.
- Barriers to entry, expansion and participation.
Western Cape Department of Agriculture (WCDoA) Post settlement support programme evaluation
This was a detailed evaluation of the WCDoA’s PSS program and involved a team of 11 researchers visiting and reviewing 86 farms which had received financial support from the Department. The report a number of recommendations on how to improve success and how to improve the post settlement support programme.
Area based planning for land reform
Phuhlisani conducted intensive work over a two year period to develop an area-based plan for land reform in Matzikama Local Municipality. Get all the background information from our project blog