Land Reform and Housing: Reaching for the Rafters or Struggling with Foundations?

Abstract

With regard to land reform and housing, the pressing question is whether South Africans have indeed reached their rafters (ie the structures which make up the main framework of all roofs) and are therefore in the process of fixing roofs and enjoying protection against the elements, or are they still struggling with foundations? Within the context of housing, this overarching question also reflects on what would constitute the ‘foundation’ in order to enable the eventual construction of rafters to support the roof. What is the link between the foundation, required to stabilise the building on the one hand; and land reform and housing on the other? Inevitably further questions follow: if there is a link between land reform and housing, how and why did it emerge? What does the link entail and how is it dealt with? What are the difficulties and shortcomings that threaten the link and how can these threats be addressed? Essentially the premise is that access to housing (the rafters that support the roof) cannot and will not be achieved if access to land (the foundation) is not realised. The more sound the foundation, the better the overall structure and inevitably, the rafters in support of the roof. As will be explained, various approaches to foundations exist, depending on the kind of building to be constructed, the location thereof and the environmental and geographical considerations. Similarly, access to land, forming the foundation, may be approached from various perspectives, including inter alia relational, economic, property law and land reform approaches. The conclusion is reached that as builders South Africans have to harness all the tools they have at their disposal: definitely land reform tools, but also property law, planning and construction and economic and financial mechanisms, mixed in with creativity and commitment. It is imperative that sufficient land, ideally located, is secured in time and in a constitutional manner.