Land rights in rural South Africa: Creating a record of practice in an ongoing crisis

Lead Research Organisation: University of Sheffield
Department Name: English

Abstract

This project addresses the human dimensions and socio-cultural consequences of a regional experience of forced displacement, Apartheid policies, service delivery delays, and economic inequality - within the context of an unfolding contest over prime property land in the underserved rural community of Dixie, in Mpumalanga Province, South Africa. Dixie includes land adjacent to the extremely profitable public-private enterprises of the Kruger National Park; for this reason, Dixie land has been the object of disputes between community members, local authorities, and private developers for decades. One dispute culminated in a landmark case in the Constitutional Court. Nonetheless, land rights once again came under contention in late 2019, when community members, local authorities, and private developers came into conflict over rights and access.

This is a microcosmic case, occurring at a time when the country is grappling with the complex broader issue of land reform. Conflicts like this, unfolding across South Africa (with parallels across the Global South), remain largely undocumented: the decisions taken by individuals and communities within particular historical, social, cultural, and economic circumstances, day by day, are not maintained in any archive. This, in turn, means that there can be no systematic short or long-term reflection on or assessment of these struggles and their outcomes. The consequences are that individual communities cannot effectively learn from their own past actions, and communities cannot learn from each other. Nor can they aggregate their knowledge to understand the scope of the problem and consider the most effective solutions. And communities cannot reflect on how these struggles are influenced by - and in turn influence - social facts such as gender, ability, age, language, or familial relations. As a result, essential human knowledge and learning around such crises are at best fragmented and at worst disappearing.

Working directly with Dixie residents and local grassroots development organisation Pala Forerunners, we will apply methods of community-led co-production to manage, monitor, record, analyse and evaluate this extraordinarily complex economic, political, social, and cultural dispute as it happens. We will produce an in-depth, community-designed archive of the lived experiences of this struggle, including notes and journals, documenting key decisions, milestones, personal reflections, local histories of dispossession and displacement. The archive will inform the design of new, practical instructional materials for rural residents in land disputes, and will constitute a case study for current practice and potential best practice, in just one instantiation of a much broader problem of property rights and disputes across South Africa and the Global South.

Planned Impact

The primary impact of this research is in supporting hard-to-reach, underserved rural residents in conducting a critical and reflective process of monitoring, recording, analysing, and evaluating an extraordinarily complex economic, political, social, and cultural conflict over territory, rights, and services, as it happens. In addition, further impact of this research will be in sharing examples of current and best practices, successes and failures, challenges and opportunities, in community-led land rights and land restitution processes in South Africa.

The first beneficiaries of this impact will be residents of underserved rural Dixie community. As community-led co-production, the heart of this research, and the project's timeline of activities, are themselves impact activities, constituting a pathway to impact and benefits beyond academia. The project is built around an independently identified need in an underserved rural community: to monitor and record responses to an unfolding urgent land rights crisis, in order to preserve collective memory of more or less successful practice, and lessons learned, so that learning may be applied effectively to future challenges. The community will design and own the archive. The project is expected to meet the community-defined need in the short term, and also to build research capacity locally for meeting development needs in similar ways in the future, whether related to land disputes or other development issues.

The second beneficiaries of impact will be residents of Mpumalanga province as a whole. Our team will translate key court judgements and the laws relevant to land rights into local languages used across Mpumalanga province, including XiTsonga and XiTswana, in consultation with Legal Resources Centre. The texts will be curated as accessible narratives and key principles, and presented as instructional materials for residents. The translations will be distributed by partner Pala Forerunners to local hereditary leaders and local councils; regional libraries; and external organisations such as legal support centres.

The third beneficiaries will be local grassroots development organisation and partner Pala Forerunners, which has a longstanding aim of disseminating its practices and sharing its methods for the benefit of other grassroots development organisations worldwide.

The fourth beneficiaries will be rural residents across South Africa addressing land rights disputes, and organisations supporting them. The newly created archive of the current dispute will be shared as a report of current and best practice. To do this, we will liaise with a range of external organisations who work directly with people involved in land rights disputes. Each organisation will be given copies of the report, and asked to store the report and share it with their network of stakeholders.

Publications

10 25 50
 
Description Two forms of impact were generated: (1) process impact, whereby co-production methods and methodology allowed refinement of locally, culturally situated processes of community organising and community archiving; and (2) community impact, whereby research and organising capacity in a rural community were enhanced, progress was made towards securing land rights, and access to justice and fair institutions was improved. These methods will continue to be employed in ongoing collaborative work between the partners, which will in turn continue to secure land rights and improve access to justice.
Exploitation Route The land rights crisis continues in Dixie community, and the collaborators continue to respond to it in real time, using the knowledge gained, and the methods tested, during this award. This work was supported in 2021 by QR NPIF funding from the University of Sheffield, and will be supported in 2022 by AHRC Follow-on Funding for Engagement and Impact (AH/W005921/1). During the project, we discovered the need to support land rights stakeholders in sharing and reflecting on experiences, evidence, and practice. To do this, stakeholders need to create new shareable resources representing cases nationwide. Using AHRC Follow-on Funding, resources - aggregated together
for the first time - will be distilled into a handbook for best practice, including community recommendations for archiving and journaling, to support rural communities. Participating land rights stakeholders will consolidate emerging resources and co-create the new resources through knowledge exchange (KE) workshops. KE collaborators will include the original AHRC GCRF Land rights project's investigators and community researchers; the University of Sheffield's Digital Humanities Institute (DHI); and key land rights stakeholders.
Sectors Communities and Social Services/Policy,Government, Democracy and Justice

URL https://www.ukzacommunityresearch.org/publications/
 
Description Two forms of impact were generated: (1) process impact, whereby co-production methods and methodology allowed the refinement of locally, culturally situated processes of community organising and community archiving; and (2) community impact, whereby research and organising capacity in a rural community were enhanced, progress was made towards securing land rights, and access to justice and fair institutions was improved. The project created a community-designed record of lived experience of struggle in response to an unfolding land rights crisis. We have observed the impacts of reflective journaling, as community members explore their own perceptions of their land and its value in relation to individuals and the community, and the past and the present; examine, critique, define, and secure consensus in organising for land rights; assess and improve local understanding of land rights and the law; enact an understanding of rights daily life and community activities; and build organising and research capacity in relation to land rights and the law. The process of defining and collecting case summaries, lessons learned, best practice, and evidence, and the processes of legal action supported by those materials, comprise a sustainable and locally contextualised means of establishing the salience and criticality of land rights in the minds of community members, and, thereby, deliver the social impact to drive future material outcomes such as courtroom victories. Members of our community research team have said: "The research has helped a lot from the Dixie village, we have learnt to stand and work together as researchers We have managed to get information that lead us to understand our rights through the research." "To me doing the research in the community is very important because it opened our mind about land rights. I think the research must carry on because there are some outstanding disputes that are still coming It will give us power to do the research as unity." "The letter [Interim Protection of Land Rights Act and Cover Note] has had a huge impact on changing the thinking of the citizens l have printed many copies of the letter and handed them over to members of the village who are going to read and make a change according to the information that is inside the letter."
First Year Of Impact 2021
Sector Communities and Social Services/Policy,Government, Democracy and Justice
Impact Types Cultural,Societal,Economic,Policy & public services

 
Description Follow on Funding for Impact and Engagement
Amount £64,609 (GBP)
Funding ID AH/W005921/1 
Organisation University of Sheffield 
Sector Academic/University
Country United Kingdom
Start 04/2022 
End 12/2022
 
Description QR NPIF Funding
Amount £5,852 (GBP)
Organisation University of Sheffield 
Sector Academic/University
Country United Kingdom
Start 05/2021 
End 07/2021
 
Description Pala Forerunners Partnership 
Organisation Pala Forerunners
Country South Africa 
Sector Private 
PI Contribution The research team supported Pala Forerunners in documenting an ongoing land rights dispute.
Collaborator Contribution Pala Forerunners and its team of community researchers in Dixie Community are co-designing and co-producing the living archive of the unfolding battle over land rights.
Impact The collaboration is producing the archive of the unfolding land rights dispute.
Start Year 2020
 
Description University of Pretoria Partnership 
Organisation University of Pretoria
Country South Africa 
Sector Academic/University 
PI Contribution The research team collaborated with the University of Pretoria to support local grassroots development organisation Pala Forerunners, and the Dixie Community, in creating an archive of an ongoing land rights dispute.
Collaborator Contribution Co-Investigator Glen Ncube is based at the University of Pretoria. Ncube has supported community researchers with his knowledge of history, heritage, rural studies, and archiving; and is a member of the project management team.
Impact The collaboration encompasses historical and heritage studies, development studies, language and linguistics, and psychology.
Start Year 2020