The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve

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dc.contributor.advisorPaterson, Alexanderen_ZA
dc.contributor.authorMapoma, Xoliswaen_ZA
dc.date.accessioned2014-11-05T03:39:05Z
dc.date.available2014-11-05T03:39:05Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractWith the advent of the Constitution of the Republic of South Africa, and having been faced with a huge number of land claims on protected areas, the South African Government adopted a co-management system as a way of informing the settlement of land claims lodged within protected areas. Through a case study of the Mkambati Nature Reserve (MNR) in the Eastern Cape, this dissertation seeks to critically analyse the co-management conservation model that is in operation in the MNR, in order to provide a proper perspective on whether it provides a satisfactory model for reconciling both the country’s protected area regime and its land reform regime. The dissertation commences with a brief analysis of South Africa’s socioeconomic and environmental realities, in order to contextualise the analysis. It then turns to consider South Africa’s constitutional framework, and, particularly, the environmental right and the property clause, which have largely been responsible for shaping and informing South Africa’s contemporary conservation and land reform regime. Thereafter, it seeks to briefly outline these two relevant regimes, with a view to critically analysing the manner in which they complement, or do not complement, one another. It then critically reviews recent initiatives taken by the country’s conservation and land reform authorities to bridge the apparent divide between South Africa’s protected areas and land reform regimes. These initiatives include both a Memorandum of Understanding, signed by the erstwhile Minister of Land Affairs and the Minister of Environmental Affairs and Tourism, and the recent National Co-Management Framework adopted by these authorities. Thereafter, the dissertation turns to critically reflect on the effectiveness and equitability of the co-management model advocated by these initiatives, through the lens of a case study – namely, the MNR in the Eastern Cape. This section of the dissertation starts by providing a background to the reserve, and the history form and nature of the settlement agreement implemented to resolve the land restitution claim within it. It then turns to the evaluation of the governance regime that is in operation in the MNR (specifically in respect of its land tenure, management, access/use and benefit-sharing arrangement), with a view to drawing lessons which could possibly inform the resolution of the many outstanding land restitution claims in protected areas.en_ZA
dc.identifier.apacitationMapoma, X. (2014). <i>The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law. Retrieved from http://hdl.handle.net/11427/9097en_ZA
dc.identifier.chicagocitationMapoma, Xoliswa. <i>"The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2014. http://hdl.handle.net/11427/9097en_ZA
dc.identifier.citationMapoma, X. 2014. The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mapoma, Xoliswa AB - With the advent of the Constitution of the Republic of South Africa, and having been faced with a huge number of land claims on protected areas, the South African Government adopted a co-management system as a way of informing the settlement of land claims lodged within protected areas. Through a case study of the Mkambati Nature Reserve (MNR) in the Eastern Cape, this dissertation seeks to critically analyse the co-management conservation model that is in operation in the MNR, in order to provide a proper perspective on whether it provides a satisfactory model for reconciling both the country’s protected area regime and its land reform regime. The dissertation commences with a brief analysis of South Africa’s socioeconomic and environmental realities, in order to contextualise the analysis. It then turns to consider South Africa’s constitutional framework, and, particularly, the environmental right and the property clause, which have largely been responsible for shaping and informing South Africa’s contemporary conservation and land reform regime. Thereafter, it seeks to briefly outline these two relevant regimes, with a view to critically analysing the manner in which they complement, or do not complement, one another. It then critically reviews recent initiatives taken by the country’s conservation and land reform authorities to bridge the apparent divide between South Africa’s protected areas and land reform regimes. These initiatives include both a Memorandum of Understanding, signed by the erstwhile Minister of Land Affairs and the Minister of Environmental Affairs and Tourism, and the recent National Co-Management Framework adopted by these authorities. Thereafter, the dissertation turns to critically reflect on the effectiveness and equitability of the co-management model advocated by these initiatives, through the lens of a case study – namely, the MNR in the Eastern Cape. This section of the dissertation starts by providing a background to the reserve, and the history form and nature of the settlement agreement implemented to resolve the land restitution claim within it. It then turns to the evaluation of the governance regime that is in operation in the MNR (specifically in respect of its land tenure, management, access/use and benefit-sharing arrangement), with a view to drawing lessons which could possibly inform the resolution of the many outstanding land restitution claims in protected areas. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve TI - The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve UR - http://hdl.handle.net/11427/9097 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/9097
dc.identifier.vancouvercitationMapoma X. The effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserve. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/9097en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Marine and Environmental Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleThe effect of land restitution on protected areas : an analysis of the co-management model in operation at the Mkambati Nature Reserveen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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