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Department of Sociology

Taught in collaboration with the University of Limpopo and the Nelson Mandela University. Championed by Advocate Tembeka Ngcukaitobi, legal expert, judge and lecturer.

The University of Johannesburg (UJ) was established in 2005 following a landmark merger between the Rand Afrikaans University, the Technikon Witwatersrand, and the Vista University Soweto Campus. This bold restructuring laid the foundation for a new kind of South African university—one that embodies transformation, accessibility, and academic excellence.

Since its inception, UJ has grown into a dynamic, multicultural, and inclusive institution with a student body of over 50,000, including more than 3,000 international students from over 80 countries. As one of the largest contact universities in South Africa, UJ plays a leading role in the country’s higher education landscape.

Located in the heart of Johannesburg, UJ reflects the energy, diversity, and ambition of the city it calls home. Proudly South African and deeply rooted in Africa, the university is committed to realising the potential of higher education for the development of the continent

Rationale

This postgraduate diploma consists of three modules which will be presented as three short learning programmes (SLPs) by the University of Johannesburg.
The diploma feels an important educational and practical need in South Africa especially on the land question.

Despite 30 years since South Africa became a democracy, South African land redistribution and restitution has been frustratingly slow with processing of land claim applications mired by inefficiency, controversy and conflict.

To address this, there is an urgent need to equip state officials working on land claims and related issues in the Department of Land Reform and the Department of Agriculture (following the Government of National Unity split of the department into two) with the necessary knowledge, skills and attributes needed to process these claims in line with the values enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, Act 108 of 1996, and in the Restitution of Land Rights, Act 22 of 1994.

The three modules in the form of SLPs are the following:
History

History of Land Dispossession and restitution – taught by Dr Mnqobi Ngubane, based at the Nelson Mandela University, land expert.

Precarity

Precarity and Political Economy of Land Reform – taught by Professor Victor Mmbengwa, based at the University of Limpopo, land expert.

Law

The Law and Land rights – taught by Advocate Tembeka Ngcukaitobi, independent land rights expert, author on the land question and part-time judge at the Land Claims Court.

Importance of the diploma for government officials in the Departments of Agriculture and of Rural Development and Land Reform and land activists and practitioners

The history of land dispossession and restitution is highly contested terrain in both the academic and public spheres in South Africa. As members of society, state officials are affected by this atmosphere of disagreement and dissension which might have negative implications for their work especially in land reform and restitution.

There is a need to encourage an analytically dispassionate and deepened understanding of the history, plight, living conditions, land reform law, and land ownership aspirations of former labour tenant farm servitude households with outstanding, and unresolved land claims to privately owned farmland. Such an understanding needs to be philosophical, historical, methodological, and practical.

The diploma the historical aspects, political economy and legal aspects of the land question as a foundation for discussion and action in the necessary process of land reform and restitution.
In addition to government officials, land practitioners, NGOs, activists and the labour tenants themselves would benefit from understanding the processing of land claims and the related histories, laws, policies and procedures involved.

Our Sponsors

The National Institute of Human Social Sciences (NIHSS) funded the film documentary ‘Mathonga Elizwe: Spirits of the Land’.
Additional funding came from the National Research Council (NRF)

The Constitutional Court Republic of South Africa

The Constitutional Court of the Republic of South Africa ruled that the state must speed up the processing of applications and land claims by labour tenants.The court found that the state had failed the labour tenants. The case is Mwelase and Others v Director - General for the Department of Rural Development and Land Reform and Another CCT232/18.

Judgement
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Documentary Film Preview

Mathonga Elizwe-
Spirit Of The Land

Film showing the struggles of Black South Africans in obtaining land today. The film zooms in on the three cases where white landlords are adamant in holding onto the land whilst frustrating the land claimants and the land reform process overly and covertly.

Film showing the struggles of Black South Africans in obtaining land today.
Our Partners

AFRA

An important partner in the development of the land labour tenants diploma is the is the Association for Rural Development (AFRA). This non-governmental organization has played a significant role in assisting labour tenants in their struggle their land. AFRA played a crucial role in challenging the state in court contesting the very slow pace in the processing of the land claims of labour tenants

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Land Claims

In 1996, The president of South Africa Nelson Mandela passed a law, granting farm dwellers the opportunity to submit land claims. The department of Land Affairs received 22,000 land claims, unfortunately the department failed to attend to many claims.
Resources

The Land Reform

The Land Reform (Labour Tenants) Act, 1996, is the main piece of legislation which facilitates the redistribution of land to labour tenants through the process of making land claim applications.

The Act

Tuition Fees

Tuition fees subsidised by our sponsorship NRF

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Why land labour tenants diploma?

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