Abstract

Tthis note discusses the most important legal measures and court decisions pertaining to the three legs of land reform (restitution, redistribution and tenure reform), as well as unlawful occupation, housing, land-use planning, deeds and sectional titles.

Highlights

  • Grave concerns were raised as to whether the overall land reform programme embarked upon in 1994 has really been successful (Van der Walt ‘Hoekom grondhervorming misluk’ Burger (2009-08-28) 28; Barnard ‘Zuma moet ingryp oor Distrik Ses’ Burger (2009-08-14) 12)

  • In August 2009, the Deputy General of the Department of Rural Development and Agrarian Reform indicated that the support of farmers, organised agriculture and industry would be necessary to restore existing farms ‘destroyed by years of administrative bungling’ – ‘less would be spent on land acquisition and more on developing existing state-owned land’ (Legalbrief Today (2009-08-11) www.legalbrief.co.za)

  • This note will discuss the most important measures and court decisions pertaining to land restitution, land redistribution, land reform, housing, land use planning, deeds, minerals, property tax, agriculture and rural development

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Summary

Land restitution

The Commission of Land Claims validated two land claims, one in the Kruger National Park and the other in Mapungubwe. The Land Claims Commission cannot restore the land in the Kruger National Park As it happens, the budget for the restitution of land rights for 2009 has already been depleted. The budget for the restitution of land rights for 2009 has already been depleted It is unclear whether there is sufficient land available to provide the communities with alternative land should these claims be successful. It seems that the communities are making claims to the title deeds of the lands involved and to the co-management of the Kruger National Park. She indicated that research showed that the claim was based on a pre-19 June 1913 dispossession

Case Law
Land redistribution
Land reform
Unlawful occupation
Land use planning
Sectional titles
Agriculture and rural development
Findings
Rural development
Full Text
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