Rights to Land by William Beinart & Peter Delius & Michelle Hay

Author:William Beinart & Peter Delius & Michelle Hay
Language: eng
Format: epub
Publisher: Jacana
Published: 2016-12-31T16:00:00+00:00

RESTITUTION78

AFTER THE ANC-LED GOVERNMENT took office in 1994, land restitution was quickly put into operation by the Restitution of Land Rights Act 22 of 1994. This was planned as a limited process to redress land dispossession which had occurred through racially discriminatory legislation and practices during the era of segregation and apartheid, from the passing of the Natives Land Act in 1913 to its abolition in 1991. Claims had to be submitted to the Land Claims Commission by the end of 1998. However, the aims of restitution have been confused with broader aims of land redistribution and the scope of restitution has also expanded. Moreover, in 2014 a supplementary Restitution of Land Rights Amendment Act was passed that reopened the possibility for claims. In 2016, the Act was invalidated by the Constitutional Court but not before over 160,000 additional claims had been lodged, some of which were even more broad-ranging than those submitted initially.

Issues of restitution and tenure are closely linked. Restitution has largely taken place through CPAs, and we have discussed the uncertainty of family land rights in these collective landholding vehicles. The process of restitution was initially aimed at families and dispossessed communities. But chiefs and traditional authorities have played an increasingly significant role in the context of a general reassertion of their authority over land and local administration. In these aspects, as in policy more generally, the role of chiefs in the future of landholding is a central issue.

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