The Engagement of Beneficiaries in Farm Governance of Restituted Land through the Communal Property Association Model: The Ideal Versus the Reality of Beneficiary Farms in South Africa

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Farm Management ◽  
The South ◽  
African Government ◽  
Communal Property ◽  
Farm Ownership ◽  
Land Restitution ◽  
Communal Property Associations

The purpose of this article is to evaluate the engagement of farm beneficiaries in South Africa in the governance of restituted farms through communal property associations. The South African government has already spent millions of rands on land restitution to correct the imbalance of the past with regard to farm ownership by the African communities. Various methods of farm management to benefit the African society have been proposed, however, with little recorded success. This article argues that the South African post-apartheid government was so overwhelmed by political victory in 1994 that they introduced ambitious land reform policies that were based on ideal thinking rather than on a pragmatic approach to the South African situation. We used qualitative research methods to argue that the engagement of farm beneficiaries in farm management and governance through communal property associations is failing dismally. We conclude that a revisit of the communal property associations model is required in order to strengthen the position of beneficiaries and promote access to land by African communities for future benefit.

scholarly journals The South African Redistribution Imperative: Incongruities in Theory and Practice

2021 ◽  
pp. 1-27
Author(s):  
Sue-Mari Viljoen
Keyword(s):  
South Africa ◽  
South African ◽  
Theoretical Approach ◽  
Land Reform ◽  
Careful Analysis ◽  
Economic Justice ◽  
Theory And Practice ◽  
The South ◽  
Slow Pace

Abstract It has partly been assumed that the constitutional obligation to pay compensation for expropriations is to blame for the slow pace at which land has been redistributed in South Africa. However, this assumption requires careful analysis and reflection, with reference to the imperfections of the policies and laws that set out to address landlessness, as well as the underlying theoretical approach to economic justice. This article questions the purpose for which land reform beneficiaries acquire land, with reference to the role that property should ideally fulfil for the landless. The article makes a number of observations to cast light on why the redistribution of land has been alarmingly slow, where inconsistencies and loopholes exist in the programme, and whether expropriations for nil compensation will make any difference in remedying existing failures in the redistribution programme.

The Need for the Statutory Introduction of the Concept of “Matrimonial Property” in Nigeria

2019 ◽  
Vol 63 (1) ◽  
pp. 105-125
Author(s):  
Chinedu Justin Efe
Keyword(s):  
Property Rights ◽  
South African ◽  
Property Law ◽  
The South ◽  
Property System ◽  
Special Category

AbstractThis article demonstrates how the application of the ordinary rules of property law in the determination of the property rights of spouses in Nigeria has been unfair to a financially weaker spouse (usually the wife). It calls for reconsideration of the present matrimonial property rights arrangement between a husband and a wife in Nigeria. It argues in favour of the statutory introduction of the concept of “matrimonial property” in Nigeria to apply both during marriage and at divorce. To give some background, reference is made to the South African matrimonial property system of community of property and the accrual system. The article proposes that a special category of property, known as “matrimonial property” and which emphasizes the equal proprietary rights of spouses, is recognized.

South African land reform

2000 ◽  
Vol 44 (2) ◽  
pp. 167-194 ◽  
Author(s):  
D. L. Carey Miller ◽  
Anne Pope
Keyword(s):  
South African ◽  
Land Tenure ◽  
Land Reform ◽  
The South ◽  
Reform Initiatives ◽  
South Africans ◽  
Tenure Reform ◽  
Land Redistribution ◽  
Land Restitution

This article looks at the essential features and the effects of the South African land reform initiatives launched in the mid-1990s. After examining the context in which these initiatives have taken place, it deals separately with the three subprogrammes of land reform, namely, land restitution, land redistribution and land tenure reform. It discusses two particular features of the programme: its provision of title to millions of South Africans and its adjustment of the correlative position between the landowner and the holder of a lesser possessory or occupational right.

Towards a reorientation in land reform: From a market to locality-driven approach in South Africa’s land restitution programme

2012 ◽  
Vol 12 (2-3) ◽  
pp. 173-191 ◽  
Author(s):  
B. Ikubolajeh Logan ◽  
George Tengbeh ◽  
Brilliant Petja
Keyword(s):  
South African ◽  
Land Reform ◽  
Sub Saharan Africa ◽  
Racial Justice ◽  
The South ◽  
Rural Change ◽  
Market State ◽  
Sub Saharan ◽  
Land Question ◽  
Land Restitution

Despite general agreement that land reform can be a catalyst for positive rural change in sub-Saharan Africa, the means towards this end are frequently coloured in ideological hues, which manifest themselves in confounding binaries like racial justice/environmental justice, market/state and equity/efficiency. The fractures surrounding sub-Saharan land reform are most obvious in the south, where the land question traces its roots to racially motivated colonial policies. The South African government, like others in the region, is attempting to combat landlessness through market-led land reform. This article assesses the implementation of the country’s Land Restitution Programme in the Polokwane district. Its main argument is that the modernist mega-narratives, which inform the programme, create a disconnect between the state and the landless. To address this problem, the article proposes a reorientation in which local narratives will replace theoretical mega-narratives at the centre of land reform programmes.

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