Landmarked: Land Claims and Land Restitution in South Africa - By Cherryl Walker

2011 ◽  
Vol 11 (1) ◽  
pp. 126-129 ◽  
Author(s):  
RUTH HALL
2021 ◽  
pp. 1-25
Author(s):  
Jill E. Kelly

Abstract Land claims and contests have been central to the construction of political authority across the African continent. South Africa’s post-apartheid land reform program aims to address historical dispossessions, but the program has experienced numerous obstacles and limits—in terms of pace, communal land access, productivity, and rural class divides. Drawing on archival and newspaper sources, Kelly traces how the descendant of a colonially-appointed, landless chief manipulated a claim into a landed chieftaincy and how both the chief and the competing claimants have deployed histories of landlessness and firstcomer accounts in a manner distinct to the KwaZulu-Natal region as part of the land restitution process.


Africa ◽  
2009 ◽  
Vol 79 (2) ◽  
pp. 228-251 ◽  
Author(s):  
Deborah James

In the new South Africa, the promise of land restitution raised millennial-style expectations amongst dispossessed and dispersed former landholders. Partly prompted by emerging policy discourses, iconic tropes of localized cultural experience such as grave sites, initiation lodges and cattle byres acquired new significance. Because they proved what the Land Claims Commission calls ‘informal rights’ to land, they became verifiable evidence of effective possession, and thus grounds on which to claim the restoration of such land. The meaning of land, the nature of ownership and the legitimacy of its restoration were all matters contested between claimants, policy makers and human rights lawyers. They were also contested by those at different levels in the hierarchical social order of the new South Africa. Members of the African nationalist political elite, in dialogue with lawyers, cherished one set of understandings, while ordinary migrant/country-dwellers tended to hold to another. Both, however, were mediated through the new discourse on informal rights. It is neither purely through the activities of cosmopolitan elites with their ‘political demand for land’ nor through the unmediated localist experience of less sophisticated country-dwellers with more practical orientations that the significance of land becomes evident, but in the interaction between the two. Based on local understandings, transformed in the course of thirty years of ‘land back’ struggles, and finally negotiated over the course of the last ten years, a new diasporic consensus on what ‘the land’ signifies has been established.


2016 ◽  
Vol 46 (1) ◽  
pp. 20-31
Author(s):  
Manala Shadrack Maake

This theoretical paper seeks to make an empirical contribution to the Land Reform discourses. The paper argues that the pace of land redistribution in South Africa is undeniably slow and limits livelihood choices of relatively most intended beneficiaries of land reform programme. The primacy and success of the programme within rural development ought to measured and assessed through ways in which the land reform programmes conforms to and improve the livelihoods, ambitions and goals of the intended beneficiaries without compromising agricultural production and the economy. In addition, paper highlights the slow pace of land reform programme and its implications on socio-economic transformation of South Africa. Subsequently, the paper concludes through demonstrating the need for a radical approach towards land reform without disrupting agricultural production and further to secure support and coordination of spheres of government. The democratic government in South Africa inherited a country which characterized by extreme racial imbalances epitomized through social relations of land and spatial distortions. Non-white South Africans are still feeling the effects of colonial and apartheid legal enactments which sought to segregate ownership of resources on the basis of race in particular. Thus, successive democratic governments have the specific mandate to re-design and improve land reform policies which are targeted to reverse colonially fueled spatial distortions. South Africa’s overall Land Reform programme consists of three key elements and namely are; land redistribution, tenure reform and land restitution. Concomitantly, spatial proponents and researchers have denounced and embraced land reform ideology and its status quo in South Africa. The criticisms overlapped towards both beneficiaries and state due to factors like poor post-settlement support, lack of skills, lack of capital, infighting over land claims and land management.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo

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.


2014 ◽  
Vol 39 (04) ◽  
pp. 902-937 ◽  
Author(s):  
Bernadette Atuahene

One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land restitution commission officials to sustain a conversation with each other had the greatest effect on whether respondents believed that the land restitution process was fair. The study also contributes to the existing literature by exploring the institutional arrangements and resources necessary to facilitate communication and to overcome any communication breakdowns encountered.


Itinerario ◽  
2003 ◽  
Vol 27 (3-4) ◽  
pp. 243-262 ◽  
Author(s):  
Deborah James ◽  
Geoffrey Nkadimeng

As part of its attempt to understand ‘an apartheid of souls’, this volume is concerned to show how mission activity, particularly that of European-based churches with close links to the expansion of Dutch/Calvinist influence, may have nurtured the local construction of race or ethnic difference in Indonesian and South African society. One well-known account of Christianity in South Africa shows how the interaction between mission and missionised produced a sharply dichotomised sense - experienced by the Tshidi Tswana as the contrast between setsivana and segoa - of difference between indigenous and imported culture. While this shows how processes devoted to undermining it may paradoxically strengthen a sense of cultural identity, what it does not yield is a sense of how Christianity, appropriated within Tswana and other African societies, furnished a means of marking internal distinctions of social class, dovetailing in unexpected ways with ethnic difference. It is such divisions - potently fusing class with ethnicity and having crucial implications for the ownership, reclaiming, and use of land - with which the present paper is concerned.


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