Abstract
Using a conceptual framework for guiding cadastral systems development in customary land rights contexts, the drafting and implementation of the 1995 Land Policy and 1997 Land Law in Mozambique from the early 1990s to the present is analysed for its successfulness, sustainability, and significance. The framework looks at the theory underlying development, the drivers of change, the change process, the land administration system, and the review process. Each of these are further broken down into aspects, elements, and indicators. Through grounded theorising, the Mozambique case is compared against the framework to highlight its successes and challenges. This is a desk-top study using secondary data (published literature, reports, policies, and legislation). Recommendations for land tenure reform in South Africa draw on the experiences from Mozambique. The paper has significance for academics, professionals, and policymakers involved in land reform in South Africa and hence has particular relevance in the current South African context.
Highlights
1.1 Land reform in South Africa South Africa and Mozambique have been dealing with their own ‘land question’ in their own ways since the early 1990s
We argue that the example of Mozambique should be followed: one clear land policy enacted via one clear land law that brings together all related laws on land reform and fulfils the obligations of Section 25 of the South African Constitution
The great strength of the Land Law is that it accommodates all land rights-holders under one Act, leaving no room for contradictory or overlooked legislation (e.g. IPILRA vs. competing legislation in South Africa)
Summary
1.1 Land reform in South Africa South Africa and Mozambique have been dealing with their own ‘land question’ in their own ways since the early 1990s. Land reform has been on the democratic government’s agenda since the publication of the Constitution in 1996, Section 25, sub-sections (5) – (9) These subsections obligate the State to promote equitable access to land for her citizens, improve tenure security for those whose tenure is insecure due to apartheid, and allow for restitution of land for those dispossessed of land under apartheid (Constitution of the Republic of South Africa, 1996). Land tenure reform is the subject for this paper It is about securing and protecting customary and informal land rights that were left vulnerable by apartheid. People living under customary tenure systems in the rural areas of the former Bantustans. It is these situations of customary land tenure reform that form the focus for our research. “There are significant gaps, such as on tenure security, where legislation has not been passed” (High Level Panel, 2017: 81, emphasis added)
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