LAND REFORM AND SUSTAINABLE DEVELOPMENT - A SOUTH AFRICAN PERSPECTIVE

Year 2019, , 34 - 52, 17.06.2019

L Muswaka

https://doi.org/10.34111/ijebeg.20191113

Abstract

Land reform entails initiatives embodied in legislative, policy and other measures, constituting actions and mechanisms aimed at broadening access to land, improving security of tenure and restoring land or rights in land, all of which have become necessary because of the historical racial and inequitable approach to land in South Africa. Land reform therefore, consists of three main pillars, namely restitution of land rights, redistribution of land rights and improving security of a wide range of tenure forms. The focus of this paper is primarily on land tenure reform as an important element of land reform. The emphasis is on the legal arrangements used in South Africa to effect land tenure reform. The aim is to investigate the adequacy, flaws, challenges and effectiveness of the legal arrangements used in South Africa to effect land tenure reform. The qualitative method of research will be employed in this study. The reason is that it is best suited to this type of study which entails a critical analysis of legal issues. The study inter alia makes the finding that if land reform is pursued merely on the basis of political ideology and expediency, the economic and social costs will soon outstrip the perceived benefits of radical land acquisition. At the same time, it must however, be recognised that the majority have reasonable expectations for land holding patterns to change in order to address historical imbalances. The researcher concludes by submitting that property can no longer be seen, as it was defined in the common-law tradition, an island of sovereignty where the individual can do whatever she likes. Caution should be taken, therefore, in seeing property rights as the means by which to best secure tenure rights. Rather, security of tenure grounded in the human rights framework should be clearly articulated and properly seen as a fundamental human right.

Keywords

Land reform, Land tenure, constitution, property rights

References

• Badenhost, P.J., Pienaar, J.M. & Mostert H. (2015). Silberberg and Schoemans The Law of Property. LexisNexis: South Africa.
• Carey Miller, D.L & Pope, A. (2000). Land Title in South Africa. Juta & Co: South Africa.
• Currie, I. & de Waal J. (2013). Bill of Rights Handbook. Juta & Co: South Africa.
• McCusker, B., Moseley, W.G & Ramutsindela, M. (2015). Land Reform in South Africa. United Kingdom.
• Van der Walt, A.J. (2005). Constitutional Property Law. Juta & Co: South Africa.
• Van der Walt, A.J & Pienaar, G.J. (2012). Introduction to the Law of Property. Juta & Co: South Africa.
• African Union (2015). Agenda 2063.
• http://au.int/sites/default/files/pages/3657-file-agenda2063_popular_version_en.pdf
• United Nations (2015). Transforming Our World: The 2030 Agenda for Sustainable Development.
• http://sustainabledevelopment.un.org/post2015/transformingourworld/publication
• United Nations (1966a). International Covenant on Economic, Social and Cultural Rights.
• http:// https://www.ohchr.org/Documents/ProfessionalInterest/cescr.pdf
• United Nations (1966b). International Covenant for Civil and Political Rights.
• http://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf
• United Nations (2000). Millenium Declaration.
• http://www.un.org/millennium/declaration/ares552e.pdf
• City of Cape Ton v Rudolf and Others 2004 5 SA 39 (C).
• Modder East Squatters and Another v Modderklip Boerdery 2004 3 All SA 169 (SCA).
• Mwelase and Others v Director General for Department of Rural Development and Land Reform & Others 2017 (4) SA 422 (LCC).
• Ngcobo and Others v Van Rensburg 1999 2 SCA 1057 (SCA).
• Port Elizabeth Municipality v Various Occupiers 2005 1 SA 217 (CC).
• Venter NO v Claasen en Andere 2001 1 SA 270 (LCC).
• Zulu and Others v Van Rensburg and Others 1996 4 SA 1236 (LCC).
• The Constitution of the Republic of South Africa, 1996.
• The Black Communities Development Act 4 of 1984.
• The Black Land Act 27 of 1913.
• The Black Local Authorities Act 102 of 1982.
• The Blacks (Urban Areas) Consolidation Act 25 of 1945.
• The Development and Trust Land Act 18 of 1936.
• The Extension of Security of Tenure Act 62 of 1997.
• The Group Areas Act 36 of 1966.
• The Land Reform (Labour Tenants) Act 3 of 1996.
• The Population Registration Act 30 of 1950.
• The Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998.
• The Prevention of Illegal Squatting Act 52 of 1951.