Land reform labour tenants act south african government. Stories that contribute to an understanding of the land expropriation in south africa. South africas land reform efforts lack a focus on struggling. South africas land reform programme has suffered many failures. Diagnostic report on land reform in south africa parliament of. Disclaimer this report was financed by dfiduk as part of their aid programme to the government of south africa. Diagnostic report on land reform in south africa land restitution. Pdf the impact of land restitution and land reform on livelihoods.
Rural reform in the 1980s institute of social studies, the hague, the netherlands 1990 15bennett, t w redistribution of land and the doctrine of aboriginal title in south africa south african journa on human rights 1994 9 443476 land restitution in south africa, 199194. Progress to date1 edward lahiff2 introduction and background this paper provides an overview of land reform in south africa since the advent of democratic government in 1994, with a particular emphasis on land redistribution. Land redistribution in south africa parliament of south. South africa has redistributed less land, in similar time periods, than, for example. See department of minerals and energy, a minerals and mining policy for.
The landscape of the land restitution programme in south. Commissioned there is another photograph above my desk that provides a very different entrypoint to my account of south africas land restitution programme. Dec 06, 2016 south africas land reform efforts lack a focus on struggling farmers. South africas land reform efforts lack a focus on struggling farmers. The sixth part of the report provides a cursory overview of a series of studies that have been conducted to assess the outcomes of south africas land and agrarian. It provides a right to restitution of land dispossessed after june 19, and a right to security of tenure, in both cases along with measures for comparable redress. Land restitution in south africa, 19911994 sciencedirect. Land restitution in south africa since 1994 south african. In their different approaches and structures, they both offer a creative mix of academic insights and the entrenched experience of activists, and of local case studies with a wealth of concrete sociological detail alongside broad discourses on modes of analysis on a national and continental scale. Section two is a discussion of the basic components and procedures of the land restitution programme and focuses on the restitution of land rights act 22 of 1994, the commission for the restitution of land rights and the land claims court. However, the views contained in this report are those of the consultant. Land restitution is one of the key issues since south africa achieved democracy in 1994 and as such an overview of what has been achieved since the promulgation of the restitution of. South africa has nine biomes, or broad groupings of vegetation types that share similar ecological characteristics.
This photograph was taken in midfebruary 1995, 14 years. Land redistribution in south africa commissioned report for high level panel on the assessment of key legislation and the acceleration of fundamental change, an initiative of the parliament of south africa thembela kepe university of toronto rhodes university and. Although the law was replaced by a policy of land restitution when the african national. S 33 amended by land affairs general amendment act 61 of 1998 from 28 sep 1998. The post apartheid government developed a land reform programme which. South african land restitution, by way of which the postapartheid state compensates victims of racial land dispossession. To redress this racebased dispossession, the democratic government introduced three legal instruments including the land restitution act. Ultimately, this note concludes that, even in the context of zimbabwes similar land crisis, south africa s land reform program will prove to be successful in the years to come. Sa could model its land reform on the success achieved in. Overview 1 introduction the historical denial of access to land to the majority of south africans is well documented.
Land restitution in south africa will we avoid the. Focus on land south africa land restitution countries. Put simply, the statistics, read coldly, tell a story of a 20year programme that has transformed the patterns of land ownership at a macro and micro level. Restitution of land rights act 22 of 1994 afrikaans text signed by the president assented to. While the current goals and directions of land restitution were shaped by the governing african national congress since 19941, the land restitution process in south africa should be understood as a product of competing visions for a postapartheid south africa that were highly contested during formal political negotiations in 19923. At the time of south africas transition to a democracy, thirteen million black south africans were confined to native reserves which accounted for percent of the south african territory. The effect of land restitution on poverty reduction among the. Restitution means compensation, and is in this case referring to the process of giving back land to the people that were dispossessed during the years of apartheid in south africa. Land is one of the most volatile problems in south african.
Land restitution and reform laws amendment act 18 of 1999. Rights, development, and the restrained state article in canadian journal of african studies 383. Land restitution claim, midlands north research group and others, 2010 5 sa 57 lcc at 64a, that litigation by claimants to obtain restitution of rights in land, and litigation by the land owners to resist the claim for restitution, is constitutional litigation. The interim constitution act 200 of 1993 provided for the restitution of land rights to dispossessed persons as a constitutional principle. Alan little reporting for the bbc on south africas land restitution program. In the land claims court of south africa heard at randburg on 20 28 january 2000 case number. President donald trump touched off a diplomatic row with south africa by repeating an erroneous broadcast about land reform there. Apr 07, 2015 second, agriculture in south africa constitutes less than three per cent of gdp although rural south africa is home to a disproportionately large landless, unemployed and impoverished population. Why south africas land reform agenda is stuck south. Jul 15, 2015 alan little reporting for the bbc on south africa s land restitution program. These two books are indispensable additions to the core literature on land reform in south africa. Land ownership in south africa has always been a complicated issue. This paper looks at the impact of land restitution involving the khomani san bushmen in the.
This phd thesis explores the role of land reform in the production of space and relations of power in rural south africa after 1994, based on a case study of a cluster of restitution farms in. University of the western cape, private bag x17, bellville 7535, cape town, south africa. This note addresses south africa s history, the development of south africa s land problem, and the implementation of south africa s land reform program. Whereas the constitution of the republic of south africa, 1996 act no. Seven facts about the restitution of land rights act the. The constitution of the republic of south africa sets out the legal basis for land reform, particularly in the bill of rights, which places a clear responsibility on the state to carry out land and related reforms. Thanks to the amendment of 1994s restitution of land rights act. Chapter 6 land department of environmental affairs.
Restitution practices in the new south africa professor olaf zenker is a leading social anthropologist, working at the department of social sciences, university of fribourg, switzerland on a multidynamic political and legal anthropological research study entitled land restitution and the moral modernity of the new south african state. Brandon 9 showed that from the period 199420 the government of south africa has spent approximately r25. Lodgement initially, land claims had to be lodged on or before december 31, 1998, by a person or a community dispossessed of a right in land after. A j christopher which recommended a limited policy of restitution. Sa could model its land reform on the success achieved in south korea. English news and press release on south africa about. Land claims and land restitution in south africa, by cherryl walker. Namibia, on the other hand, offers a more promising contrast. Aug 07, 2014 seven facts about the restitution of land rights act.
Dfiduk is not responsible for or bound by its content. South africa has reopened its land claims process, allowing people who were removed from their land under apartheid rule, but who missed an earlier deadline for lodging claims for compensation, to do within the next five years. In this thesis, we examine the south african restitution process through a field study conducted in south africa. South africas land restitution challenge cornell law school. The constitution and land restitution as part of the transitional arrangements to a new political dispensation in south africa, the interim constitution was introduced, succeeded by the present constitution. Land restitution is one of the key issues since south africa achieved democracy in 1994 and as such an overview of what has been achieved since the promulgation of the restitution of land right act 22 is significant. It was held by this court in the case of in re kusiie land claims committee. Land claims and land restitution in south africa the year 2008 is the deadline set by president mbeki for the finalization of all. Land restitution in south africa overview and lessons learned. Acknowledgements the author wishes to acknowledge the kind assistance of ddg sue lund and. It follows logically that the process of land restitution would also be challenging.
May 31, 2000 in terms of the restitution programme, the challenge is to ensure that it contributes to farmer settlement, poverty eradication and integrated rural development in south africa. Amended by land restitution and reform laws amendment act 18 of 1999. Aug 15, 20 english news and press release on south africa about. Land reform in south africa is sinking nelson mandela foundation.
S 33 amended by land restitution and reform laws amendment act 63 of 1997. Report of the sahrc investigative hearing monitoring and. South african history has been shaped by a brutal and drawnout process of conquest and dispossession of the indigenous people, which. This is manifested in the lack of access to productive land. Between 1994 and 2011, land restitution in south africa was used to transfer more than 2. Why south africas land reform agenda is stuck south africa. Drawing from an incisive case study of the community of mkambati in the eastern cape, south africa, it.
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