The Maledu and Baleni cases impact on customary communities vulnerability to expropriation

In 2018, two disputes between customary communities and entities seeking to exploit mineral resources came before the courts - Maledu v Itereleng Bakgatla Mineral Resources (Pty) Limited (“Maledu”) and Baleni v Minister of Mineral Resources (“Baleni”). In both cases, the courts found in favour of the communities that resided on the proposed mining sites and whose rights in land are secured by the Interim Protection of Informal Land Rights Act (“IPILRA”). At face value, these cases bolstered the position of communities' rights over mineral-rich land. However, the attempt to empower communities may have rendered them more vulnerable to the expropriation of their land. Given the Maledu and Baleni decisions, this research considers the position of customary communities whose land is subject to a mining or prospecting right, or where an application for mining or prospecting rights looms. Specifically, this research considers these kinds of communities' vulnerability to expropriation for the purposes of mining in light of these judgments. The research considers the consent requirement formulated in the Baleni judgment and argues that this requirement has made obtaining a valid mining right more difficult. It has also increased the likelihood that expropriation proceedings may be used to bypass the requirement, where community consent promises to be an insurmountable hurdle to resource extraction. The Mineral and Petroleum Resources Development Act (“MPRDA”) foresees this possibility by empowering the Minister of Mineral Resources to expropriate land for the purposes of mining. Further, the research shows, the Maledu judgment has disabled mining where a dispute resolution process under section 54 of the MPRDA is under way. The lengthy administrative processes involved in section 54 cause costly delays. However, the section 54 process could likewise be bypassed by applying section 55 of the MPRDA, which provides for expropriation. The dissertation argues that communities whose rights vis-à-vis mining companies are secured under the IPILRA remain vulnerable. Mining operations on their land should be an opportunity for socio-economic development for such communities. In acknowledging historical disadvantage and recognising communities' right to benefit from mineral deposits on their land, communities ought to be in the best position to benefit from mining ventures. However, following the Maledu and Baleni judgments, expropriation of land emerges as an attractive alternative means of engagement with communities. The research questions whether such an approach would be in the communities' best interests. Being expropriated of their land and then resettled or displaced is unlikely to benefit a community optimally, as it will sever their opportunities to benefit from the ongoing resource extraction

The design of an adult learning programme : a theory-guided evaluation of learning needs

Published ArticleThe learning design in programmes for adult learners in higher education does not usually make provision for the specific characteristics and learning needs of adults. The question that directed the evaluation study undertaken was whether the learning design in a specific programme reflected the learning needs of the predominantly adult learners in the programme. Adult learning principles incorporated in an integrated four-part model provided a theoretical framework for the research. The results suggested that some of the learning needs/preferences of the adult respondents were addressed but cautioned leaders that certain areas of the learning design in the programme needed improvement

Integrated Assessment: A Learning Adventure And Growth Opportunity For Adult Learners

The Bachelor in Management and Leadership (BML) is a programme specifically designed for working adult learners in the field of management leadership. As part of their assessment, students have to complete a small research project, called the Major Piece of Work (MPW). The aim of this paper is to discuss the Major Piece of Work as a real example of integrated assessment in order to highlight the value of integrated assessment for adult learners. The first part of the paper comprises an explanation of the Major Piece of Work as an integrated assessment instrument, whilst the second part will focus on the results of a survey regarding the value of the Major Piece of Work highlighted by BML students

An Assessment Of Instruments Utilised By Export Promotion Agencies In Eastern Africa

This study identifies the export promotion instruments that are applied by public export promotion organisations situated within the East African Community (EAC) countries to stimulate exports and encourage economic growth. The East African region is the fastest developing region in Africa. EAC member countries are, therefore, used as a case study. How export promotion instruments are bundled by export promotion organisations depends on the socioeconomic, political and trade environment of a country as well as the structure of the country’s export promotion agencies. By utilising primary and secondary data, public export promotion organisations of Burundi, Kenya, Rwanda, Tanzania and Uganda were studied. These general and country-specific instruments were identified through onsite interviews in the respective countries under investigation. The results suggest that the most important export promotion instruments applied include advertising, promotional events, advocacy and legal assistance. It also includes capacity building concerning packaging, pricing and quality requirements within foreign markets as well as assistance concerning planning and preparation for export market engagement. Foreign trade missions, trade fairs, expos, and additional services offered by trade offices and representatives abroad are also general export promotion instruments, as is the provision of information and export financing. Country-specific export promotion instruments identified during onsite interviews in the various countries include unique promotional events and product branding, use of cell phone WhatsApp groups and embassies as a channel for information, trade assistance and trade clinics. Our contribution to the field is that this study is foundational and represents the first comprehensive effort to write up these activities of the EPO’s to establish viable research in the EPOs in the East Africa Region

ESTABLISHING THE KEY ELEMENTS OF INCORPORATION AND OUTCOMES OF 4TH INDUSTRIAL REVOLUTION IN BUILT ENVIRONMENT EDUCATION: A MIXED BIBLIOGRAPHIC AND BIBLIOMETRIC ANALYSIS

The rapid, exponential fusion of technologies which profoundly disrupts all industries and processes is commonly described as the Fourth Industrial Revolution (4th IR). The Built Environment (BE) sector has long been overdue for radical transformation that is symphonious with global trends. Consequently, how to incorporate 4th IR in BE education remains challenging. This research aims to establish what educational methods, context, tools, and technological pedagogy are required and should be adopted, as well as what the effects and outcomes can be expected from the incorporation of the 4th IR concepts in BE education. The rationale for this research stems from the aspiration to meet the United Nation Sustainable Development Goals, which advocate that young people need to be "future-ready" and this includes digital fluency and ICT literacy. The study utilised a verifiable and reproducible systematic literature review of digital education; with analysis and scrutiny of 582 academic articles for the co-occurrence of keywords, using a mixed bibliographic and bibliometric method. Through clustering analysis based on the bibliometric method, the key elements, outcomes, and their interconnections of incorporating 4th IR in BE education were outlined. The paper revealed that, in adopting 4th IR, Higher education, Design, Innovation and Privacy appear to be the predominant context. Distance education, Collaborative learning and Digital learning are the foremost education methods. Digital technologies, Virtual reality and cloud computing are the most significant education tools and technology elements. Sustainable education, Ethical learning and Student engagement are the resultant primary outcomes of incorporating 4th IR in built environment education. In addition, the results of the interconnections of indicators analysis revealed Higher education, Distance education and Sustainable education are significantly intertwined with Digital technologies. Based on the taxonomy of key elements and outcomes and the analysis of their interconnections, a conceptual framework for adopting 4th IR in built environment education was develope

District governance and improved maternal, neonatal and child health in South Africa: Pathways of change

District-level initiatives to improve maternal, neonatal and child health (MNCH) generally do not take governance as their primary lens on health system strengthening. This paper is a case study of a district and sub-district governance mechanism, the Monitoring and Response Unit (MRU), which aimed to improve MNCH outcomes in two districts of South Africa. The MRU was intro- duced as a decision-making and accountability structure, and constituted of a “triangle” of managers, clinicians and information officers. An independent evaluation of the MRU initiative was conducted, three years after establishment, involving interviews with 89 district actors. Interviewees reported extensive changes in the scope, quality and organization of MNCH services, attributing these to the introduction of the MRU and enhanced support from district clinicians. We describe both the formal and informal aspects of the MRU as a governance mechanism, and then consider the pathways through which the MRU plausibly acted as a catalyst for change, using the institutional constructs of credible commitment, coordination and cooperation. In particular, the MRU promoted the formation of non-hierarchical collaborative networks; improved coordination between community, PHC and hospital services; and shaped collective sense-making in positive ways. We conclude that innovations in governance could add significant value to the district health system strengthening for improved MNCH. However, this requires a shift in focus from strengthening the front-line of service delivery, to change at the meso-level of sub-district and district decision-making; and from purely technical, data-driven to more holistic approaches that engage collective mindsets, widen participation in decision-making and nurture political leader- ship skills

A case-study of the lekgophung tourism lodge, South Africa

The Lekgophung Lodge is a community-owned wildlife tourism lodge, located in the western part of the Madikwe Game Reserve in the North West Province of South Africa. The Lekgophung community is settled near the western boundary of this protected area. The key case-study question is: How and how much can community-owned lodge development within a protected wildlife area contribute towards sustainably improving livelihoods of households in communities bordering on the protected area? The study considers the following aspects: structural arrangements; funding; financial returns and ‘SMME’ (small, medium and micro enterprise) linkages; employment opportunities; skills acquisition and institution building; lodge governance; and development co-ordination. Direct benefits from the Lekgophung Lodge enterprise are expected to boost average household income in the village by about R3 150 per annum and overall disposable income by more than 26%. The rights and benefits to the Lekgophung community through the lodge are durably secured through a range of mechanisms including long-term lease rights, partnership contracts with private lodge operators, who are required to pay a fixed fee and a percentage of turnover to the community and participation by the community in a multi-stakeholder park-based development steering committee. The lodge is well-integrated with park and local government development initiatives. Although still in the construction phase, the lodge has added value at many levels. The project brings substantial economic benefits and works within the ënewí cost recovery paradigm of protected area management. However, the lodge remains dependent on a capital subsidy and private expertise mobilised via partnerships with the public and private sectors. In taking up lodge governance functions, the Trust and Lekgophung community could benefit from having tools and processes to assess the impact of the lodge on local livelihoods, and to monitor asset and livelihoods trends