Access to land as a human right the payment of just and equitable compensation for dispossessed land in South Africa

This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed

Natural Islands for a 125 GeV Higgs in the scale-invariant NMSSM

We study whether a 125 GeV standard model-like Higgs boson can be accommodated within the scale-invariant NMSSM in a way that is natural in all respects, i.e., not only is the stop mass and hence its loop contribution to Higgs mass of natural size, but we do not allow significant tuning of NMSSM parameters as well. We pursue as much as possible an analytic approach which gives clear insights on various ways to accommodate such a Higgs mass, while conducting complementary numerical analyses. We consider both scenarios with singlet-like state being heavier and lighter than SM-like Higgs. With A-terms being small, we find for the NMSSM to be perturbative up to GUT scale, it is not possible to get 125 GeV Higgs mass, which is true even if we tune parameters of NMSSM. If we allow some of the couplings to become non-perturbative below the GUT scale, then the non-tuned option implies that the singlet self-coupling, kappa, is larger than the singlet-Higgs coupling, lambda, which itself is order 1. This leads to a Landau pole for these couplings close to the weak scale, in particular below ~10^4 TeV. In both the perturbative and non-perturbative NMSSM, allowing large A_lambda, A_kappa gives "more room" to accommodate a 125 GeV Higgs, but a tuning of these A-terms may be needed. In our analysis we also conduct a careful study of the constraints on the parameter space from requiring global stability of the desired vacuum fitting a 125 GeV Higgs, which is complementary to existing literature. In particular, as the singlet-Higgs coupling lambda increases, vacuum stability becomes more serious of an issue.Comment: 34 pages, 4 figures, references added, minor corrections to text and figures, version to be published in JHE

Warped dipole completed, with a tower of Higgs bosons

In the context of warped extra-dimensional models which address both the Planck-weak- and flavor-hierarchies of the Standard Model (SM), it has been argued that certain observables can be calculated within the 5D effective field theory only with the Higgs field propagating in the bulk of the extra dimension, just like other SM fields. The related studies also suggested an interesting form of decoupling of the heavy Kaluza-Klein (KK) fermion states in the warped 5D SM in the limit where the profile of the SM Higgs approaches the IR brane. We demonstrate that a similar phenomenon occurs when we include the mandatory KK excitations of the SM Higgs in loop diagrams giving dipole operators for SM fermions, where the earlier work only considered the SM Higgs (zero mode). In particular, in the limit of a quasi IR-localized SM Higgs, the effect from summing over KK Higgs modes is unsuppressed (yet finite), in contrast to the naive expectation that KK Higgs modes decouple as their masses become large. In this case, a wide range of KK Higgs modes have quasi-degenerate masses and enhanced couplings to fermions relative to those of the SM Higgs, which contribute to the above remarkable result. In addition, we find that the total contribution from KK Higgs modes in general can be comparable to that from the SM Higgs alone. It is also interesting that KK Higgs couplings to KK fermions of the same chirality as the corresponding SM modes have an unsuppressed overall contribution, in contrast to the result from the earlier studies involving the SM Higgs. Our studies suggest that KK Higgs bosons are generally an indispensable part of the warped 5D SM, and their phenomenology such as signals at the LHC are worth further investigation

Detection of early-universe gravitational-wave signatures and fundamental physics

Detection of a gravitational-wave signal of non-astrophysical origin would be a landmark discovery, potentially providing a significant clue to some of our most basic, big-picture scientific questions about the Universe. In this white paper, we survey the leading early-Universe mechanisms that may produce a detectable signal—including inflation, phase transitions, topological defects, as well as primordial black holes—and highlight the connections to fundamental physics. We review the complementarity with collider searches for new physics, and multimessenger probes of the large-scale structure of the Universe.Peer reviewe

Detection of early-universe gravitational-wave signatures and fundamental physics

Detection of a gravitational-wave signal of non-astrophysical origin would be a landmark discovery, potentially providing a significant clue to some of our most basic, big-picture scientific questions about the Universe. In this white paper, we survey the leading early-Universe mechanisms that may produce a detectable signal—including inflation, phase transitions, topological defects, as well as primordial black holes—and highlight the connections to fundamental physics. We review the complementarity with collider searches for new physics, and multimessenger probes of the large-scale structure of the Universe.Peer reviewe

Cold atoms in space: community workshop summary and proposed road-map

We summarise the discussions at a virtual Community Workshop on Cold Atoms in Space concerning the status of cold atom technologies, the prospective scientific and societal opportunities offered by their deployment in space, and the developments needed before cold atoms could be operated in space. The cold atom technologies discussed include atomic clocks, quantum gravimeters and accelerometers, and atom interferometers. Prospective applications include metrology, geodesy and measurement of terrestrial mass change due to, e.g., climate change, and fundamental science experiments such as tests of the equivalence principle, searches for dark matter, measurements of gravitational waves and tests of quantum mechanics. We review the current status of cold atom technologies and outline the requirements for their space qualification, including the development paths and the corresponding technical milestones, and identifying possible pathfinder missions to pave the way for missions to exploit the full potential of cold atoms in space. Finally, we present a first draft of a possible road-map for achieving these goals, that we propose for discussion by the interested cold atom, Earth Observation, fundamental physics and other prospective scientific user communities, together with the European Space Agency (ESA) and national space and research funding agencies

Cold atoms in space: community workshop summary and proposed road-map

We summarise the discussions at a virtual Community Workshop on Cold Atoms in Space concerning the status of cold atom technologies, the prospective scientific and societal opportunities offered by their deployment in space, and the developments needed before cold atoms could be operated in space. The cold atom technologies discussed include atomic clocks, quantum gravimeters and accelerometers, and atom interferometers. Prospective applications include metrology, geodesy and measurement of terrestrial mass change due to, e.g., climate change, and fundamental science experiments such as tests of the equivalence principle, searches for dark matter, measurements of gravitational waves and tests of quantum mechanics. We review the current status of cold atom technologies and outline the requirements for their space qualification, including the development paths and the corresponding technical milestones, and identifying possible pathfinder missions to pave the way for missions to exploit the full potential of cold atoms in space. Finally, we present a first draft of a possible road-map for achieving these goals, that we propose for discussion by the interested cold atom, Earth Observation, fundamental physics and other prospective scientific user communities, together with the European Space Agency (ESA) and national space and research funding agencies