In lieu of an abstract, here is a brief excerpt of the content: Land reform in South Africa is failing. Can it be saved?
Faculty of Business and Economic Sciences Description This treatise begins with a discussion of different clauses of the Bill of Rights in the South African Constitution and the land reform policies of the South African government.
The inequality and injustice caused by decades of apartheid land law forms the background of the land reform programme.
The treatise addresses the consequences of this legacy on the implementation of the South African Constitution including the right to property. The discussion includes the three key elements of the land reform programme namely restitution, redistribution and tenure reform.
The content of this treatise ranges over these three elements of land reform, applying constitutional issues to the relevant case law, The balancing and the reconciliation of rights and interest between the individual and the public in a just manner will be the barometer.
The conclusion shows that the Constitution both protects existing rights and authorises the promotion of land reform within the framework of Section 25 of the Constitution, and that every aspect of the property clause has to be regarded as part of a constitional effort in balancing individual interest and public interest in terms of a constitutional order.
It is my sincere hope that this treatise will contribute toward the achievement of equity, stability and by the values of an open and democratic society based on human dignity, freedom and human rights.Since a majority of the landless people in South Africa were black women, ensuring secure women’s rights was a central aim of the land reform and many policies were adopted to achieve that aim (Cross & Hornby, ).
Also, there have been several attempts to remove gender-based inequities. During the early s, Southern Rhodesia passed the African Land Husbandry Act, [Zimbabwe's] independence we have provided 44 million pounds for land reform in Zimbabwe and million pounds in bilateral development assistance.
Human Rights Watch. South African–Australian comparison CHAPTER 7 Final comments and observations as the protection of human rights, land reform, federalism, intergovernmental relations and electoral systems. He is currently manager: Legal and Native Title, and policies of all four case studies with some brief recommendations with regard to South Africa.
Aug 31, · Land tenure, or the ability to prove ownership and utilize property rights, is the type of “land reform” South Africa needs. Here too there has been progress.
This site is powered by the Innovative Vital repository solution. Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe Khanyisela Moyo 1 Introduction Land reform is a contested terrain in Africa and it impedes consensus (on human rights) between the north and the south.1 Legal justiﬁcation for land .