Land and Justice in South Africa: Exploring the Ambiguous Role of the State in the Land Claims Process

in African and Asian Studies
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

In addition to challenges facing South Africa’s overall post-apartheid land reform, group rural land claims have particularly proven difficult to resolve. This paper explores the role that the state plays in shaping the outcomes of rural group land claims. It analyzes policy statements, including from policy documents, guidelines and speeches made by politicians during ceremonies to hand over land rights to rural claimants; seeking to understand the possible motives, factual correctness, as well as impact, of these statements on the trajectory of the settled land claims. The paper concludes that land reform as practiced in South Africa is functionally and discursively disembedded from socio-political histories of dispossession, because land has come to be treated more as a commodity, rather than as something that represents multiple meanings for different segments of society. Like many processes leading up to a resolution of a rural claim, subsequent statements by government concerning particular ‘successful’ land claims convey an assumption that local claimants have received just redress; that there was local consensus on what form of land claim redress people wanted, and that the state’s lead role in suggesting commercial farming or tourism as land use options for the new land rights holders is welcome. The paper shows that previous in-depth research on rural land claims proves that the state’s role in the success or failure of rural land claims is controversial at best.

Sections

References

ANC (African National Congress) The Reconstruction and Development Programme 1994 Johannesburg, South Africa Umanyano Publications

AtuaheneB. “From Reparation to Restoration: Moving Beyond Restoring Property Rights to Restoring Political and Economic Visibility,” SMU Law Review 2007 60 4 1419 1470

BohlinA. “A price on the past: cash as compensation in South African land restitution,” Canadian Journal of African Studies 2004 38 3 672 687

BoudreauxK. “Land reform as Social Justice: The Case of South Africa,” Economic Affairs 2010 30 1 13 20

BundyC. The Rise and Fall of the South African Peasantry 1988 Oxford, UK James Currey

CarruthersJ. “‘South Africa: A World in One Country’: Land restitution in National Parks and Protected Areas,” Conservation and Society 2007 5 3 292 306

ChristopherA.J. “Land restitution in South Africa 1991-94.” Land Use Policy 1995 12 4 267 327

Commission on Restitution of Land Rights 10 Years of Putting land Rights in the Right Rands. Annual report for the year ended 31 March 2005 2005 Pretoria Commission on Restitution of Land Rights. Department of Land Affairs

De WetC. “Land reform in South Africa: A Vehicle for Justice and reconciliation, or a Source of Further Inequality and Conflict?,” Development Southern Africa 1997 14 3 355 362

Department of Land Affairs 1994 Restitution of Land Rights Act, No. 22 of 1994 as Amended, and related Documents Pretoria Department of Land Affairs

Department of Land Affairs “White paper on South African Land Policy,” 1997 Pretoria Department of Land Affairs

Department of Land Reform “A guide to the Department of Land Affairs” Land Reform Programme Pretoria Department of Land Reform Undated

DidizaT. 2005 10 Years of Putting land Rights in the Right hands Pretoria Department of Land Affairs Foreword Annual report for the year ended 31 March 2005. Commission on Restitution of Land Rights.

EllisW. WalkerC.BohlinA.HallR.KepeT. “The ≠ Khomani San Land Claim against the Kalahari Gemsbok National Park: Requiring and Acquiring Authenticity.” Land, memory, Reconstruction, and Justice: Perspectives on Land Claims in South Africa 2010 Athens Ohio University Press

FayD. FayD.JamesD. “Property, Subjection and Protected Areas: The ‘Restitution’ of Dwesa-Cwebe Nature Reserve, South Africa.” The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ 2009 New York Routledge-Cavendish Press

FayD.JamesD. The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ 2009 New York Routledge-Cavendish Press

FraserA. “Hybridity Emergent: Geo-history, learning, and land restitution in South Africa,” Geoforum 2007a 38 2 299 311

FraserA. “Land Reform in South Africa and the Colonial Present” Social and Cultural Geography 2007b 8 6 835 851

GibsonJ.L. The Land Question in South Africa: Clouds on the Horizon 2001 Cape Town Institute for Justice and Reconciliation

GibsonJ.L. Overcoming Historical Injustices: Land Reconcilliation in South Africa 2009 Cambridge Cambridge University Press

GibsonJ.L. “Land Redistribution/Restitution in South Africa: A Model of Multiple Values, as the Past Meets the Present,” British Journal of Political Science 2010 40 1 135 169

Government of South Africa Memorandum of agreement between the Minister of Agriculture and Land Affairs and the Minister of Environmental Affairs and Tourism 2007 Pretoria Government of South Africa

HallR. “Land Restitution in South Africa: Rights, Development and the Restrained State,” Canadian Journal of African Studies 2004 38 3 654 671

HallR. The impact of land restitution and Land reform on livelihoods. Research Report No. 32 2007 Cape Town Programme for Land and Agrarian Studies, University of the Western Cape

HallR. Another Countryside? Policy Options for Land and Agrarian Reform in South Africa 2009 Cape Town Institute for Poverty, Land and Agrarian Studies, University of the Western Cape

HallR. WalkerC.BohlinA.HallR.KepeT. “Reconciling the Past, Present and Future: The Parameters and Practices of Land Restitution in South Africa”. Land, Memory, Reconstruction and Justice: Perspectives on Land Claims in South Africa 2010 Athens Ohio University Press

HallR.JacobsP.EdwardE. Final report: Evaluating land and agrarian reform in South Africa 2003 Cape Town Programme for Land and Agrarian Studies, University of the Western Cape Series, No. 10.

HamiltonL. “Human Needs, Land Reform and the South African Constitution” Politikon 2006 33 2 133 145

JamesD. “‘After years in the wilderness’: The discourse of land claims in the New South Africa” Journal of Peasant Studies 2000 27 3 142 161

JaryD.JaryJ. Justice. Collins Dictionary of Sociology 1995 2nd edition Glasgow, UK Harper Collins

KepeT. “Clearing the Ground in the Spatial Development Initiatives (SDIs): Analysing ‘Process’ on South Africa’s Wild Coast,” Development Southern Africa 2001 18 3 279 293

KepeT. AnslieA. “The Dynamics of Cattle Production and Governmnet Intervention in Communal Areas of Lusikisiki District.” 2002 Cape Town University of the Western Cape Cattle ownership and production in the communal areas of the Eastern Cape, South Africa. Plaas Research Report No. 10.

KepeT. “Land Restitution and Biodiversity Conservation in South Africa: The Case of Mkambati, Eastern Cape Province” Canadian Journal of African Studies 2004 38 3 688 704

KepeT. “Land Claims and Co-management of Protected Areas in South Africa: Exploring the Challenges” Environmental Management 2008 41 3 311 321

KepeT. “Unjustified Optimism: Why the World Bank’s 2008 ‘Agriculture for Development’ Report Misses the Point for South Africa” Journal of Peasant Studies 2009 36 3 637 643

KepeT.CousinsB. “Radical land reform is key to sustainable rural development in South Africa” PLAAS Policy Brief 2002 2 1 4

KepeT.HallR.CousinsB. SheppardN.RobinsS. “Land”. The New South African Key Words 2008 Johannesburg Jacana Media Athens: Ohio University Press

KepeT.LewisonE.RamasraR.ButtS. “The Elusive ‘Fair Deal’ in South Africa’s Land Reform,” Forum for Development Studies 2011 38 3 339 346

KleinbooiK. “Schmidtsdrift Community Land Claim,” 2007 Cape Town Programme for Land and Agrarian Studies, University of the Western Cape Research Report No. 34.

KochE.De BeerG.EllifeS. “SDIs, tourism-led growth and the empowerment of local communities in South Africa,” Development Southern Africa 1998 15 5 809 826

MacDonaldC. “The Value of Discourse Analysis as a methodological tool for Understanding a Land Reform Program,” Policy Sciences 2003 36 2 151 173

Mail & Guardian 2010 Land reform: use it or lose it says minister. March, 02

MagomeH.MurombedziJ. AdamsWMMulliganM. “Sharing South African national parks: community land and conservation in a democratic South Africa.” Decolonizing nature: strategies for conservation in a post-colonial era 2003 London Earthscan

ManhenzeT.LahiffE. Restitution and Post Settlement Support: Three Case Studies from Limpopo PLAAS Research Report No. 30 2007 Cape Town University of the Western Cape

MayJ.StevensT.StolsA. “Monitoring the Impact of Land Reform on Quality of Life: A South African Case Study,” Social Indicators 2002 58 293 312

MgxitamaA. “The taming of land resistance: lessons from the national land committee” Journal of Asian and African Studies 2006 41 1-2 39 69

NtsebezaL.HallR. The land question in South Africa: the challenge of transformation and redistribution 2007 Cape Town HSRC Press

NtshonaZ.KraaiM.KepeTSaliwaP. “From Land Rights to Environmental Entitlements: What Fuels Community Discontent in the Dwesa-Cwebe’s ‘Successful’ Land Claim in South Africa?” Development Southern Africa 2010 27 3 353 361

PhilanderD.E.RogersonC.M. “Rural Local Economic Development and Land Restitution in South Africa: The Case of Schmidtsdrift, Northern Cape” Singapore Journal of Tropical Geography 2001 22 1 74 89

PlatzkyLWalkerC. The Surplus People: Forced Removals in South Africa 1985 Johannesburg Raven Press

RobertsonD. Justice. The Routledge Dictionary of politics 2004 Third edition London Routledge

SatoC. WalkerC.BohlinA.HallR.KepeT. “Land Restitution and Community Politics: A Case of Roosboom in KwaZulu-Natal, South Africa.” Land, memory, Reconstruction, and Justice: Perspectives on Land Claims in South Africa 2010 Athens Ohio University Press

SchlosbergD. “Reconceiving Environmental Justice: Global Movements and Political Theories,” Environmental Politics 2004 13 3 517 540

SetiloaneG.M. “Land in the Negotiations Chamber: An Afro-centric Approach” Journal of Black Theology in South Africa 1991 5 2 29 39

ToisiN. “We Want our Land Back” 2008 Mail & Guardian (newspaper), 08 April

Umhlaba Wethu A bulletin tracking land reform in South Africa 2011 13 1 12

WalkerC. Landmarked: Land Claims and Land Restitution in South Africa 2008 Johannesburg Jacana Media Athens: Ohio University Press

WalkerC.BohlinA.HallR.KepeT. Land, memory, Reconstruction, and Justice: Perspectives on Land Claims in South Africa 2010 Athens Ohio University Press. Durban: University of KwaZulu-Natal Press

XingwanaL. 2006 Speech delivered by Hon Minister of Agriculture and Land Affairs Ms Lulu Xingwana at the Majola Land Hand over Celebration and Launch of Ilima/letsema Campaign in Port St Johns local Municipality, OR Tambo District Pretoria 22 December Department of Land Affairs

XingwanaL. Speech by Minister for Agriculture and Land Affairs, Ms Lulama Xingwana for the land hand-over celebration for the Caguba Community, Port St Johns, Eastern Cape province 2008 Pretoria 3 February. Department of Land Affairs

XingwanaL. Speech for the land hand-over ceremony for the Makgoba community Claim: Limpopo Province 2009 Pretoria 04 April. Department of Land Affairs

YawitchJ. Betterment: The Myth of Homeland Agriculture 1981 Johannesburg South African Institute of Race Relations

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 10 10 6
Full Text Views 3 3 3
PDF Downloads 2 2 2
EPUB Downloads 1 1 1