The Land Question in South Africa: 1913 and Beyond

2017 ◽  
Author(s):  
Cherryl Walker
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Local Development ◽  
Legal Framework ◽  
Transition To Democracy ◽  
Agrarian Change ◽  
Political Resistance ◽  
History Of ◽  
Land Question ◽  
White Hegemony

Since 1913, the “land question” in South Africa has revolved around the major inequalities in access to and rights over land between the black majority and the white minority of the population, and how these disparities should best be understood and overcome. The roots of this inequality are commonly traced back to the promulgation of the Natives Land Act in June 1913, which provided the legal framework for the subsequent division of the country into a relatively prosperous white heartland and a cluster of increasingly impoverished black reserves on the periphery. Historians have cautioned against according this legislation undue weight within the much longer history of colonization, capitalist penetration, and agrarian change that has shaped modern South Africa. The spatial divide of white core and black periphery has, however, been central to the political economy of 20th-century South Africa. Beginning in the 1950s, the apartheid government attempted to maintain white hegemony, drive an urban–industrial economy, and deflect political resistance by turning these reserves into the ethnic “homelands” of African people. This involved increasingly repressive policies of urban influx control, population relocation, and the tribalization of local administration in the reserves. Since the transition to democracy in 1994, the post-apartheid state has struggled to develop an effective land reform program that can address the crosscutting demands for land redistribution, local development, and representative government that this history has bequeathed. For many analysts, these ongoing challenges mean that “the land question” remains unresolved; for others it means that the question is itself in need of reformulation. In order to review these developments, a three-part periodization is used to organize the discussion: (1) the segregation era (1910–1948), (2) the apartheid era (1948–1990), and (3) the transition to democracy and the post-apartheid era that began in 1990.

scholarly journals Soft Touch or Heavy Hand? Legislative Approaches for Preventing Invasions: Insights from Cacti in South Africa

2015 ◽  
Vol 8 (3) ◽  
pp. 307-316 ◽  
Author(s):  
Ana Novoa ◽  
Haylee Kaplan ◽  
Sabrina Kumschick ◽  
John R. U. Wilson ◽  
David M. Richardson
Keyword(s):  
South Africa ◽  
Invasive Species ◽  
South African ◽  
Economic Impacts ◽  
Legal Framework ◽  
Global Awareness ◽  
Significant Control ◽  
The World ◽  
History Of ◽  
The Cost

AbstractThe rate of transportation, introduction, dissemination, and spread of nonnative species is increasing despite growing global awareness of the extent and impact of biological invasions. Effective policies are needed to prevent an increase in the significant negative environmental and economic impacts caused by invasive species. Here we explore this issue in the context of the history of invasion and subsequent regulation of cacti introduced to South Africa. We consider seven approaches to restricting trade by banning the following: (1) species already invasive in the region, (2) species invasive anywhere in the world, (3) species invasive anywhere in the world with a climate similar to the target region, (4) genera containing invasive species, (5) growth forms associated with invasiveness, (6) cacti with seed characteristics associated with invasiveness, and (7) the whole family. We evaluate each approach on the basis of the availability and complexity of information required for implementation, including the cost of the research needed to acquire such information, the likely numbers of false positives and false negatives, the likely degree of public acceptance, and the costs of implementation. Following a consultative process, we provide recommendations for how to regulate nonnative cacti in South Africa. The simplest option would be to ban all cacti, but available evidence suggests that most species pose negligible risk of becoming invasive, making this option unreasonable. The other extreme—reactively regulating species once they are invasive—would incur significant control costs, likely result in significant environmental and economic impacts, and limit management goals (e.g., eradication might be unfeasible). We recommended an intermediate option—the banning of all genera containing invasive species. This recommendation has been partly incorporated in South African regulations. Our study emphasizes the importance of scientific research, a legal framework, and participation of stakeholders in assessments. This approach builds awareness, trust, and support, and ensures that all interests are reflected in final regulations, making them easier to implement and enforce.

Land Reform in South Africa: An Overview

2004 ◽  
Vol 32 (2) ◽  
pp. 283-312 ◽  
Author(s):  
Sam Rugege
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Agricultural Land ◽  
Black People ◽  
Documentary Evidence ◽  
Land Dispossession ◽  
Fundamental Cause ◽  
History Of ◽  
Racial Domination ◽  
The Many

South Africa suffered a long history of colonization, racial domination and land dispossession that resulted in the bulk of the agricultural land being owned by a white minority. Black people resisted being dispossessed but were defeated by the superior arms of the newcomers. As Lewin has written, “whatever minor causes there may have been for the many Bantu-European wars, the desire for land was the fundamental cause.” Despite the claims that South Africa was largely uninhabited at the time of the arrival of Europeans, documentary evidence shows that in fact the land was inhabited. Thus the journal of the first European to settle at the Cape, Jan van Riebeeck records incidents of confrontation with the indigenous Khoi-khoi (or Hottentots) in 1655.

scholarly journals Introduction: Agrarian Change, Rural Poverty and Land Reform in South Africa since 1994

2012 ◽  
Vol 13 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Bridget O'Laughlin ◽  
Henry Bernstein ◽  
Ben Cousins ◽  
Pauline E. Peters
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Rural Poverty ◽  
Agrarian Change

From Resistance to National Reconciliation: The Response and Role of the Ecumenical Church in South Africa

2004 ◽  
Vol 40 ◽  
pp. 369-384
Author(s):  
John W. de Gruchy
Keyword(s):  
South Africa ◽  
Twentieth Century ◽  
South African ◽  
Democratic Transition ◽  
Transition To Democracy ◽  
Nazi Germany ◽  
Christian Church ◽  
History Of ◽  
National Reconciliation

Scattered through the history of the Christian Church are seminal moments that have shaped the future course of Christianity whether for good or ill. When later historians of Christianity will write about the twentieth century, I anticipate that they will refer to the role of the Churches in Nazi Germany and apartheid South Africa as paradigmatic both in terms of success and failure. They might also refer to the role of the Christian Church in the transition to democracy in both countries in similar terms. In what follows I will offer some reflections on the South African side of the story, briefly tracing the response and role of what I have termed the ‘Ecumenical Church’ in South Africa to African resistance, democratic transition and national reconciliation.

scholarly journals Church Land Reform through a Combination of Examples and Theology of Spatial Justice

2020 ◽  
Vol 46 (2) ◽  
Author(s):  
Ntandoyenkosi Mlambo
Keyword(s):  
South Africa ◽  
South African ◽  
Catholic Church ◽  
Land Reform ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Spatial Justice ◽  
History Of ◽  
Economic Imbalances ◽  
Catholic Tradition

Land was one of the ways the colonialist venture as well as the apartheid regime used to divide people, as well as being a catalyst for superiority. Over hundreds of years, from the beginning of colonial rule until the end of apartheid in 1994, the indigenous people of South Africa were dispossessed from the land. With the end of the Truth and Reconciliation proceedings, it was clear from suggested actions that there should be restitution in South Africa to begin to correct the spatial and resultant economic imbalances. Churches in South Africa embarked on setting declarations on land reform ecumenically and within their own walls. However, little information is available on final reform measures that churches have taken after several ecumenical meetings in the 1990s. Additionally, there is little development in South African theology circles on a theology of land justice. Moreover, a praxis on land justice for churches has not been openly developed or discussed post-1994. This study aims to look at the history of the land issue in South Africa, particularly from 1948–1994, and will include the history of land ownership in the Roman Catholic tradition. In addition, it will look at examples of land reform in the Roman Catholic Church from 1999 until the present in the Diocese of Mariannhill. Furthermore, the article will consider the emerging praxis of spatial justice based on a hermeneutic view taken from black liberation and contextual theology. The article concludes with a look at how these examples and new praxis can develop the ecumenical church’s quest for a prophetic voice and actions in land South African land reform.

scholarly journals THE PEOPLE OF RIEMVASMAAK AND THE SOCIOECONOMIC IMPACT OF LAND REDISTRIBUTION: HISTORICAL ANALYSIS 1995–2013

2016 ◽  
Vol 2 (1) ◽  
pp. 26-40
Author(s):  
Lauren Camille Marx
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Historical Analysis ◽  
Eastern Cape ◽  
Social Infrastructure ◽  
The People ◽  
Poor Access ◽  
History Of ◽  
Access To Water ◽  
Agrarian Transformation

In terms of apartheid policies, the people of Riemvasmaak were forcefully removed in 1973/74 to Namibia and the Eastern Cape. Efforts to bring the people of Riemvasmaak back to their land gained momentum in 1993. Finally the decision to give the entire 74 000ha back to the people was taken in February 1994, and Riemvasmaak was registered as a Presidential Launch Project, one of the first land-restitution projects in post-apartheid South Africa. Most of the original residents returned to their land at the end of 1995 and in 2002 the people of Riemvasmaak received the title deeds to the plots on which they were living. While this is a noble project, the people of Riemvasmaak originally faced serious problems such as abject poverty, poor soil quality, no secondary schools, no tar roads, poor access between settlements, inadequate transport and limited access to water. However, in the last eighteen years, a great deal of impetus has been placed on agrarian transformation, rural development and land reform, which included improved economic and social infrastructure. This oral research study will therefore undertake to analyse the everyday lives of the people living in Riemvasmaak, the improvement in quality of life in the area as well as what regaining their land has meant for these people if seen against the backdrop of the history of forced removals in South Africa.

The Nebulous Lawmaking Process in Eritrea

2009 ◽  
Vol 53 (2) ◽  
pp. 171-193
Author(s):  
Simon M Weldehaimanot ◽  
Daniel R Mekonnen
Keyword(s):  
South Africa ◽  
Good Governance ◽  
Legal Framework ◽  
Competing Interests ◽  
Future Improvement ◽  
History Of

AbstractThis article contrasts the lawmaking process in the Eritrean transitional legal framework with experience in South Africa, which offers insightful lessons for future improvement in Eritrea. Indeed, the Eritrean lawmaking process retains many imperfections in terms of the design of the interim constitution and ensuing practice. On paper, the competence of the executive and the legislature is not clearly demarcated. Rather, it is nebulously shared between both branches, resulting inevitably in competing interests. The lawmaking process lacks democratic characteristics and defies the requirements of accountability and good governance. The practice that has followed is worse. In a country with a protracted history of executive dominance, the lawmaking competence conferred upon the executive has inexorably contributed to entrenched dictatorship. The article offers suggestions for improvement.

scholarly journals Is Amending Section 25 of the South African Constitution an End to the Land Reform Debate?

2019 ◽  
Author(s):  
Joseph Lekunze ◽  
Usapfa Luvhengo
Keyword(s):  
South Africa ◽  
Property Rights ◽  
Social Cohesion ◽  
Land Reform ◽  
Political Stability ◽  
White Paper ◽  
Property Right ◽  
Central Argument ◽  
South African Constitution ◽  
Land Question

Section 25(2) of the Constitution of South Africa protects property rights and the White Paper on Land Reform demonstrate tolerance and wisdom in the application of land reform policies. The central argument to this research was whether amendment of Section 25 (2) of the constitution to allow expropriation of land without compensation redresses redistribution of land for social cohesion and political stability. The researcher argues that, currently, Section 25 of the constitution provides for expropriation without compensation but at the same time protects property rights reducing the pace of redistribution. Hence, an amendment of section 25 (2) may remove the property right clause and accelerate expropriation without compensation. But whether the removal of the property right clause and acceleration of the process of expropriation without compensation will result to equitable and fair distribution of land to the majority of landless South Africans is not certain. The study concludes that, amendment of Section 25(2) is a justifiable process and priorities must be given to equity in redistribution to the majority landless at the margins of communities and not elites. If the amendment of Section 25 (2) cannot guarantee equity in redistribution for all ill respective of race, social cohesion, political stability and economic growth, intra-racial tensions may emerge. Such tensions may further compound the land question and affects investors’ confidence in South Africa.

scholarly journals Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista

2017 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
A Du Plessis
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Land Reform ◽  
Environmental Governance ◽  
Environmental Law ◽  
Legal Framework ◽  
Planning Law ◽  
Environmental Media ◽  
State Of The Environment ◽  
Land Restitution

Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment) are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especially where land that vests in private owners is claimed back because of its status as ancestral land.   Land reform may strongly impact on the environment and sustainable development as protected in section 24 of the Constitution since it involves vast hectares of land, other environmental media and people. Restitution of land processes in terms of section 25(7), as one of the components of land reform, often does not take key provisions contained in environmental and planning law into account. In many instances, for example, government’s restitution projects do not make sufficient provision for harmonisation with environmental principles contained in environmental law and no or limited systems exist whereby to inform and assist land restitution beneficiaries on compliance with environmental and planning law obligations in post settlement development endeavours. These limitations could, inter alia, be linked with the fragmentation of the environmental governance regime and a lack of role clarification. It may furthermore result in significant conflict between sections 24 and 25(7) of the Constitution as overarching framework legislation, and between developmental objectives contained in sectoral-specific subordinate legislation.The restitution of land is, amongst other policies, regulated by section 25(7) of the Constitution and the Restitution of Land Rights Act 22 of 1994 whilst section 24 of the Constitution and the National Environmental Management Act 107 of 1998 aim at protection of the environment, the prevention of pollution, the promotion of conservation, and secured ecologically sustainable development. The conditions following land restitution settlement, including the current state of the environment on land that has been restituted, provide an interesting and factual source of reference for critical analysis of environmental policy implementation in land restitution processes and post-settlement endeavours. It further allows for a critical view on the effective or futile realisation of sustainable development in national and provincial governments’ efforts to finalise claim-driven restitution of land. In order to limit the scope of this article, land restitution policy, progress with the national land restitution programme and some post-settlement accounts will be critically analysed and assessed in the light of obligations and initiatives for environmental governance derived from the legal framework concerned. A land restitution case is briefly discussed with subsequent comments and suggestions for the way forward. 

scholarly journals THE ANC’S LAND REFORM POLICY: AN UNSUSTAINABLE & UNSATISFACTORY COMPROMISE

2011 ◽  
Author(s):  
Thorne A Godinho
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Public Discourse ◽  
African National Congress ◽  
Reform Policy ◽  
Policy Document ◽  
Discussion Document ◽  
History Of ◽  
Policy Proposals

‘Tensions [in South Africa] continue, and conflicting interests and ideologies lead to more or less unsatisfactory compromises.’ Against the backdrop of these words by Frank Welsh in his seminal work on the history of South Africa, the debate surrounding land reform will be critically examined. The African National Congress (ANC) released its ‘Land Reform Policy Discussion Document’ (hereinafter referred to as the Policy Document) in June 2012. The Policy Document outlines the ruling party’s policy on the transformation of South Africa’s land ownership, stating that: ‘[l]and reform must represent a radical and rapid break from the past without significantly disrupting agricultural production and food security.’ This article aims to take a critical look at the rhetoric and policy proposals which surround the debate on land. Furthermore, the nature and effect of the proposed redress will be examined. Through an understanding of green economics and environmentalism, the effect of economic opportunity, and a critique of the ideological defects of the proposals, this article will seek to provide a sustainable solution in contrast to the constantly unsatisfactory compromises that saturate South African public discourse around these issues.

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