Dispossession and Access to Land in South Africa. An African Perspective
An African Perspective
Publication Year: 2009
Published by: African Books Collective
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A new book on land law in the new constitutional dispensation in
South Africa from an African perspective is to be welcomed. The
book consists of 8 chapters and is 140 pages in length.
Dr Yanou has based his book on material submitted for his doctoral...
Chapter One - Land: history and perspectives
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Land is a vital resource whose ownership and control have been the most contentious issue in South Africa since the arrival of the white man in the country. The early history of the country can, with some justification, be summed up as a gigantic struggle for land between the indigenous African peoples and white...
Chapter Two - Land dispossession
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Dispossession is a key feature of South African history, which in the opinion of (Lahiff 2004: 1) continues to shape the discourse on land holding and use. The country’s legacy of dispossession resulted from centuries of the forced removal of blacks from the land through external colonialism which took different forms and racially discriminatory laws...
Chapter Three - Land rights as human rights
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Gray (2002: 211) who posits that land law and human rights are not natural bedfellows has identified some reasons for their apparent differences. Firstly, he states that human rights are based on the idea of the intrinsic worth or dignity of the individual. For Gray, because human rights stress concern for the other person, it is antithetical to popular ideas...
Chapter Four - The constitutional property clause Property in the interim constitution
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The interim constitution that became operational in April 1994 officially introduced democratic governance, a bill of rights and other guarantees. Section 28 of this constitution was novel in so far as it made reference to rights in property, thereby heralding a new land regime in the country. However, this new land normative structure could, when seen...
Chapter Five - Accessing land in post-apartheid South Africa
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The government’s policy on land was defined in the reconstruction plan as involving the strategies of the redistribution of both residential and agricultural land to those who need it but cannot afford it, and restitution for those who lost land as a consequence of past discriminatory...
Chapter Six - Compensation
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Section 25 (2) provides for the expropriation of land for public purpose subject to the payment of just and equitable compensation. There was consensus across the political spectrum that expropriation of the new land owners was dictated by the forced removal of blacks from their ancestral land. Binswanger (1996: 139) noted that this was not the...
Chapter Seven - Land redistribution
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The land redistribution policy received final constitutional expression in Section 25 (4) (a) and Section 25 (5) of the 1996 Constitution. Both provisions view the redistribution policy as relating to the creation of conditions that would enable citizens to gain access to land on an equitable basis. For Van der Walt (1999: 342), these provisions prioritize...
Chapter Eight - Conclusion and recommendations
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This study has examined the crucial issue of the dispossession of Africans of their ancestral land in South Africa. It has evaluated the country’s post-apartheid property structure from the perspective of determining the extent to which the injustices of...
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Page Count: 144
Publication Year: 2009