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SISTER SITES |
This short paper on land reform in the new democratic South Africa draws upon a number of sources:
EVEN NEWER - Farm Equity Schemes in South Africa NEWER - The Pan-African Programme on Land and Resource Rights NEW - The Communal Property Association Act of the Republic of South Africa Contents
The Strategic Goals and Vision of the Land PolicyLand, its ownership and uses, has always played an important role in shaping the political, economic and social processes at work in South Africa. Past land policies were a major cause of insecurity, landless citizens and poverty in the country. They also resulted in inefficient urban and rural land use patterns and a fragmented system of land administration. This has severely restricted effective resource utilisation and development. Land is an important and sensitive issue to all South Africans. It is a finite resource that binds all together in a common destiny. As a corner stone for reconstruction and development, a land policy for the country needs to deal effectively with:
The South African land policy has set out a number of key policy objectives. These are: the accessible means of recording land and registering rights in the property; establish the broad norms and guidelines for land use planning; effectively manage public land; and develop a responsive client friendly land administration service. The central thrust of land policy is the land reform programme. This has three aspects: redistribution; land restitution; and land tenure reform.
The government has adopted a two-pronged approach. On the one-hand, it is striving to create an enabling policy environment and on the other, it is providing direct financial and other support services. The governments vision of a land policy and reform programme is one that contributes to reconciliation, stability, growth and development in an equitable and sustainable way. It presumes an active land market supported by an effective and accessible institutional framework. In an urban context, the vision is one where the poor have secure access to well located land for the provision of shelter. The poverty focus of the land reform programme is aimed at achieving a better quality of life for the most disadvantaged. Land reform is as a way of contributing to economic development by both giving households the opportunity to engage in productive land use and by increasing employment opportunities through encouraging greater investment. The government envisages land reform that results in a diverse rural landscape consisting of small, medium and large farms: one that promotes both equity and efficiency through a combined agrarian and industrial strategy in which land reform is the spark to the engine of growth. The Land Reform Pilot Programme was launched in 1994 to develop equitable and sustainable mechanisms of land distribution in rural areas, as a kick-start to a wide reaching national programme. By April 1997 some 372 projects within and outside the pilot districts had been approved. These involve 136,467 beneficiary households and 2.17 million hectares of land. Land has been transferred in 29 projects in terms of the Provision of Certain Land for Settlement Act 126 of 1993. Apart from the former, good progress has been made on the other initiatives in support of the land distribution programme. The Restitution of Land Rights Act 22 of 1994 was approved by Parliament in 1994 and the Commission on Restitution of Land Rights was established in 1995. Members of the Land Claims Court have been appointed and the court has made its first award. By April 1997 some 14,898 claims had been lodged, of which 12,130 were for urban land. Measures have been taken to speed up the processing of claims. These include the drafting of the Restitution of Land Rights Amendment Bill, 1997. Land Tenure ReformA legislative reform programme has been initiated. It includes the following:
It is very hard for people to maintain a collective sense of belonging if they do not have a sense of belonging to a place. One of the greatest social malaises that afflicts all corners of world in the late 20th century is that of anomie: of not having a place, of not feeling that we belong. In all areas of the world that have periodic starvation, the main component of famine is not an absolute shortage of food. There is always food for the people who are already well fed! But people who need the food cant get it even if they are the very people who work on the land. If they are working on someone elses land, because they have no land rights, the food they produce may never go near their hungry family. The new democratic South Africa seeks to address both this senses of ill-being and not belonging through ensuring land is for peoples well-being and nature. Those interested in obtaining further information should refer to Oxfams excellent African land rights web site: www.oxfam.org.uk/landrights/ or the OneWorld web site: www.oneworld.org/guides/land_rights/front/html |