Abstract
The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The application of these discriminatory laws and practices resulted in extreme inequalities in relation to land ownership and land use. This article provides an overview of the most prominent legislation which provides the framework for the policy of racially-based territorial segregation. It further discusses the legislative measures and policies which were instituted during the period from 1991 to 1997, aimed at abolishing racially-based laws and practices related to land and which eventually provided the basis to the current land reform programme.
Highlights
IntroductionPost-apartheid South Africa faces a variety of challenges that emanated from the injustices caused by apartheid
HJ Kloppers and GJ PienaarPost-apartheid South Africa faces a variety of challenges that emanated from the injustices caused by apartheid
The South African government has shown commitment to eradicate the inequalities and injustices of the past and has initiated a comprehensive land reform programme with a strong constitutional basis - a programme which has to date not been concluded - a programme consisting of three pillars namely: restitution, land redistribution and tenure security
Summary
Post-apartheid South Africa faces a variety of challenges that emanated from the injustices caused by apartheid. It is evident that the challenges faced by the land reform programmes are in urgent need of attention Against this background, it must be noted that two of the three constitutionally endorsed land reform programmes refer to past racially discriminatory laws or practices which facilitated racial segregation. The consideration of the historical context of land reform and the rights associated (for example those set out in section 25 of the Constitution) assists in interpreting land reform within its textual context This position was supported by judge Yacoob in Government of the Republic of South Africa v Grootboom where it was stated that "rights must be understood in their social and historical context". The following sections will provide historical context to land reform
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