THE HISTORICAL CONTEXT OF LAND REFORM IN SOUTH AFRICA AND

EARLY POLICIES

HJ Kloppers and GJ Pienaar

SUMMARY

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.

KEYWORDS: Land Reform; South African History; Land Reform Programme; Racial
Discrimination; Land Ownership; Legislation; Racially Based Territorial Segregation;
Historical Context.


Henk J Kloppers. B Com (Law), LLB, LLM (PU for CHE), LLD (NWU), Post Graduate Diploma in
Financial Planning (UFS). Senior Lecturer at the Faculty of Law North-West University
Potchefstroom campus. Email: [email protected]. Gerrit J Pienaar. B Jur et Com LLB
LLD (PU for CHE).Professor at the Faculty of Law North-West University Potchefstroom campus.
Email: [email protected].
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Authors: HJ Kloppers and GJ Pienaar

THE HISTORICAL CONTEXT OF LAND REFORM IN SOUTH

AFRICA AND EARLY POLICIES

ISSN 1727-3781

2014 VOLUME 17 No 2

http://dx.doi.org/10.4314/pelj.v17i2.03

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H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

THE HISTORICAL CONTEXT OF LAND REFORM IN SOUTH AFRICA AND

EARLY POLICIES

HJ Kloppers and GJ Pienaar

1 Introduction

Post-apartheid South Africa faces a variety of challenges that emanated from the
injustices caused by apartheid. One of the earliest challenges faced by the first
democratically elected government was how to address the unequal distribution of
land in the country. 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.

The constitutional basis for the land restitution programme is found in section 25(7)
of the Constitution,1 which states that:

A person or community dispossessed of property after 19 June 1913 as a result of

past racially discriminatory laws or practices is entitled, to the extent provided by
an Act of Parliament, either to restitution of that property or to equitable redress.

Similarly, section 25(5) of the Constitution introduced the second pillar of land
reform, which is commonly referred to as the land redistribution programme. In
terms of this section the state is under the constitutional duty to take "reasonable
legislative and other measures, within its available resources, to foster conditions
which enable citizens to gain access to land on an equitable basis".


Henk J Kloppers. B Com (Law), LLB, LLM (PU for CHE), LLD (NWU), Post Graduate Diploma in
Financial Planning (UFS). Senior Lecturer at the Faculty of Law North-West University
Potchefstroom campus. Email: [email protected]. Gerrit J Pienaar. B Jur et Com LLB
LLD (PU for CHE).Professor at the Faculty of Law North-West University Potchefstroom campus.
Email: [email protected].
1
Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution). S
25 of the Constitution is generally referred to as the "property clause".

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Finally, tenure security is addressed through section 25(6) of the Constitution which
states that:

A person or community whose tenure of land is legally insecure as a result of past

racially discriminatory laws or practices is entitled, to the extent provided by an Act
of Parliament, either to tenure which is legally secure or to comparable redress.

As a result of these constitutional obligations, the South African government

embarked on an ambitious land reform programme was aimed at redistributing
30% of white-owned commercial agricultural land by 2014 to black South Africans
and settling all claims for redistribution (almost 80 000) by 2005. To date, more
than seven years after the initial target, all land claims have still not been settled
and less than 10% of the redistribution target has been achieved by the state. This
figure does not take into consideration land bought or acquired by means of private
transactions. However, the slow pace of these two land reform programmes is not
the only challenge faced by the programmes.2 It has been reported that more than
90% of agricultural land transferred in terms of these two programmes is not being
used productively.3 This situation not only contributes to increasing levels of
poverty and unemployment among these land reform beneficiaries, but also
threatens food security. A factor that further compounds the crisis is the recent
calls by some politicians inciting landless South Africans to illegally occupy land
belonging to white farmers, creating a potentially explosive situation. 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. Most of these measures have been
recorded and discussed extensively in textbooks and other publications.4 This article

2
For a discussion of the challenges facing the land reform programme, see Kloppers Improving
Land Reform 60-64, 77-85.
3
SAPA 2010 www.politicsweb.co.za.
4
See Badenhorst, Pienaar and Mostert Law of Property 585-665, Carey Miller and Pope Land Title
313-455; Mostert, Pienaar and Van Wyk "Land" 1-261.

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provides a brief overview of some of the predominant legislation that brought about
racial segregation, or apartheid as it became known generally. The aim of this
article, within the context of this special edition on land reform, is to familiarize
readers with the historical prelude that gave rise to the need for land reform in the
new constitutional dispensation. 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 Grootboom5 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.

2 Legislative framework for territorial segregation

This section in no way attempts to provide an extensive historical background to

the discriminatory laws and practices related to land which gave rise to the need for
land reform.6 A very brief overview will be provided of the main legislative
framework for the territorially segregationist policies and the initial policies
formulated by the post-1994 government to address the issue of land reform.7

The then National Party government's strategy of territorial segregation, population

resettlement and political exclusion was founded on a history of conquest and
dispossession enforced through oppressive land laws.8 According to Van der Walt,9
South African

5
Government of the Republic of South Africa v Grootboom 2001 1 SA 46 (CC) para 22.
6
For a more complete overview of the historical situation which gave rise to the need for the
current land reform programmes, see Badenhorst, Pienaar and Mostert Law of Property 586-590;
Murray and Williams 1994 Review of African Political Economy 315-318; Mapadimeng 2003
Transformation 21-30; Robinson 1997 Brooklyn J Int'l L 468-481; Mostert 2002 SALJ 401-402.
Although the aim of this paragraph is to give a brief overview of the historical context of land
reform, it has been noted that "[t]he popular debate on land reform in South Africa is influenced
far more by beliefs about this country's history than by plans for its future well-being" (CDE Land
Reform 5).
7
For a discussion of pre-apartheid land ownership, see Feinberg 1995 Historia 48-63.
8
Murray and Williams 1994 Review of African Political Economy 316; Badenhorst, Pienaar and
Mostert Law of Property 586. The strategy of territorial segregation was aptly described by Sachs

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land law has also been employed to entrench the political ideology of racial
segregation by means of spatial separation of race groups, thereby creating a
controversial body of statutory law which may be called apartheid law.

The effect of this racially-based segregation legislation was to force black people to
be "perpetual tenants"10 with very limited rights. The first of these racially based
segregation laws was the Natives Land Act 27 of 1913,11 which in the year of this
special edition celebrates its centenary.

2.1 The Natives Land Act 27 of 1913

The Natives Land Act layed the foundation for apartheid and territorial segregation
and, for the first time, formalised limitations on black land ownership.12 The Act
introduced ethnic differentiation based on the mistaken belief that differentiation
between dissimilar races was fundamentally desirable.13 According to section 1(1)
of the Act

Except with the approval of the Governor-General -

J in Port Elizabeth Municipality v Various Occupiers 2005 1 SA 217 (CC) paras 9-10 as "a cluster
of statutes ... gave a legal/administrative imprimatur to the usurpation and forced removal of
black people from land and compelled them to live in racially designated locations. For all black
people, dispossession was nine-tenths of the law. Residential segregation was the cornerstone of
the apartheid policy. This policy was aimed at creating separate 'countries' for Africans within
South Africa. Africans were precluded from owning and occupying land outside the areas
reserved for them by these statutes ... Differentiation on the basis of race was, accordingly, not
only a source of grave assaults on the dignity of black people. It resulted in the creation of large,
well-established and affluent white urban areas co-existing side-by-side with crammed pockets of
impoverished and insecure black ones. The principles of ownership of Roman-Dutch law then
gave legitimation in an apparently neutral and impartial way to the consequences of manifestly
racist and partial laws and policies".
9
Van der Walt 1990 De Jure 2.
10
Claxton 2003 Mich J Race & L 538.
11
This act later became known as the Black Land Act. However, it should be noted that this act
was originally promulgated as the Natives Land Act as per Gazette Extraordinary No 380 of 19
June 1913. Since this article provides an historical overview, the author will refer to the act's
original title.
12
Robinson 1997 Brooklyn J Int'l L 472. For a discussion of the historical context of the Natives
Land Act, see Wickins 1981 S Afr J Econ 105-129; Feinberg 1993 IJAHS 65-109. For a general
discussion of land initiatives between 1913 and 1948, see Feinberg 2009 Journal for
Contemporary History 39-61. The Natives Land Act, together with the Native Trust and Land Act
(see the discussion of this Act in para 2.2) was widely regarded as one of the cornerstones of
apartheid (Fenyes, Van Rooyen and Vink 1990 Development Southern Africa 583).
13
Davenport 1987 Development Southern Africa 396.

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a native shall not enter into any agreement or transaction for the purchase, hire, or
other acquisition from a person other than a native, of any such land or of any right
thereto, interest therein, or servitude thereover; and

a person other than a native shall not enter into any agreement or transaction for
the purchase, hire, or other acquisition from a native of any such land or of any
right thereto, interest therein, or servitude thereover.

From the wording of these sections, it is clear that the aim of the Act was to bring
about territorial segregation based on race, where natives were prohibited from
occupying or acquiring land. According to Davenport14 the Act "laid down an
absolute barrier in law between black and non-black landholding". The aim of the
Act was further strengthened by section 1(2) of the Act, which provided:15

From and after the commencement of this Act, no person other than a native shall
purchase, hire or in any other manner whatever acquire any land in a scheduled
native area or enter into any agreement or transaction for the purchase, hire or
other acquisition, direct or indirect, of any such land or of any right thereto or
interest therein or servitude thereover, except with the approval of the Governor-
General.

Any agreement concluded in contravention of this prohibition was ab initio null and
void16 and any contravention of the Act was punishable by the imposition of a fine
or imprisonment with or without hard labour, not exceeding six months.17 The Act
further made provision for the establishment of a commission tasked with the
identification of areas within which black people18 would not be permitted to
acquire or hire land19 or any interest in land,20 as well as areas where persons other

14
Davenport 1990 Development Southern Africa 433.
15
The date of commencement of this Act was 19 June 1913, which became the cut-off date for
instituting land claims in terms of the restitution programme. Despite the provisions of this Act,
Feinberg and Horn 2009 Journal of African History 41-60 show that the Act failed to stop black
persons from purchasing land. The authors note that evidence suggests that land ownership
increased in certain areas after 1913, questioning the effectiveness of the Act.
16
Section 1(4) of the Natives Land Act.
17
Section 5(1) of the Natives Land Act.
18
The Act refers to "natives" as opposed to "black people" and defines the term native as "any
person, male or female, who is a member or an aboriginal race or tribe of Africa" (s 10 of the
Act).
19
According to s 10 of the Act, a person shall be deemed to hire land if "in consideration of his
being permitted to occupy that land or any portion thereof (a) he pays or promises to pay to any
person a rent in money; or (b) he renders or promises to render to any person a share of the

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than black people would be prohibited from acquiring or hiring land or any interest
in land.21 Through the Act, scheduled areas were designated and in terms of the
Act, an estimated 8% of South African land was reserved for black South Africans.22

The Act effectively prohibited sharecropping contracts23 between white landowners

and black farmers, resulting in many black farmers losing a substantial portion of
their income, which in turn resulted in further economic hardship for them. As a law
based on racial segregation, it is clear why this piece of legislation was singled out
in the redistribution programme as the effective starting point for apartheid. This
Act represented the first step in effecting racially based segregation, a system
which was furthered through the Native Trust and Land Act 18 of 1936.24

2.2 The Native Trust and Land Act 18 of 1936

The Native Trust and Land Act made provision for the establishment of the South
African Native Trust, a state agency to administer trust land, and "to be
administered for the settlement, support, benefit, and material welfare of the
natives of the Union".25 The Act abolished individual land ownership by black people
and introduced trust tenure through the creation of the South African Development
Trust, which was a government body responsible for purchasing land in "released
areas" for black settlement.26

produce of that land, or any valuable consideration of any kind whatever other than his own
labour or services or the labour or services of his family".
20
Section 2(1)(a) of the Natives Land Act. For a discussion of the Natives Trust and Land Bill, see
SAIRR Native Bills 1-35.
21
Section 2(1)(a) of the Natives Land Act.
22
Rugege 2004 Int'l J Legal Info 284.
23
Davenport 1985 Acta Juridica 61. Contracts of this type were agreements between the white
landowner and farm workers in terms of which the farm workers were allowed to use a portion
of the farmer's land for their own production and in return the farm workers would provide a
certain amount of labour. Davenport 1987 Development Southern Africa 396 notes that the Land
Act had a crippling effect on black agriculture.
24
The Act was gazetted on 19 June 1936 in the Extraordinary Gazette No 2362. Although the Act
later became known as the Development Trust and Land Act, s 51 of Act as gazetted, indicates
that the Act shall be called the Native Trust and Land Act.
25
Section 4(1) of the Natives Trust and Land Act.
26
Robinson 1997 Brooklyn J Int'l L 475; Davenport 1985 Acta Juridica 65. For a discussion of the
practical workings of the Trust, see Du Plessis 1991 THRHR 444-450.

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In terms of section 2(1) of the Act, certain areas of land (including land identified in
the Natives Land Act) were transferred to the Native Trust to be administered by
the Trust. Vested in the Trust was land reserved for the occupation of natives and
land within the scheduled native areas as identified in the Natives Land Act.27 The
South African Native Trust Fund28 was created and the funds utilised to acquire and
develop land of the Trust, to advance the interest of natives in scheduled native
areas, and to generally assist and develop the "material, moral and social well-
being of natives" residing on Trust land.29 The Act further empowered the Trust to
acquire land for native settlement, but limited the amount of land that could be
acquired in this regard to approximately 13% of the total land. 30 The land which
could be acquired by the Trust was further limited to land within the scheduled
native areas or within released areas.31 The Act created "reserves" for black people
and increased the 8% of land reserved by the Natives Land Act to 13%, confining
80% of the population to this area.32 In order to achieve the objectives of the Act,
section 13 empowered the trustees of the Trust to expropriate land owned by
natives outside a scheduled area for reasons of public health or for any other
reason which would promote public welfare or be in the public interest.
Compensation paid upon expropriation was determined by the fair market value of
the land without any improvements, plus the value of the necessary or useful
improvements; plus the value of luxurious improvements (limited to the actual cost
of such improvements) plus a sum compensating for inconvenience.33

From the above it is clear that the Native Trust and Land Act was an important
instrument used by the then government to facilitate its policy of racial segregation.

27
Section 6(1) of the Natives Trust and Land Act. See Van der Walt 1991 THRHR 739-742 for a
discussion of the scope and content of the Land Acts.
28
A fund created in terms of s 8 of the Natives Trust and Land Act.
29
Section 9(1) of the Natives Trust and Land Act.
30
It should be noted that this percentage reflected the position in 1936 and as time lapsed, the
percentage was increased through initiatives such as the creation of the former homelands.
31
Section 10(2) of the Natives Trust and Land Act. Natives were entitled in terms of ss 11(1) and
18(2) of the Act to purchase, lease or otherwise acquire land in scheduled areas (see Van der
Merwe 1989 TSAR 679.
32
Robinson 1997 Brooklyn J Int'l L 475.
33
Section 13(4) of the Natives Trust and Land Act.

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The Act stripped black South Africans of their right to own land or even to live
outside demarcated areas without proper authorization by the relevant authorities.
It is clear that this Act furthered the objective of racial segregation, which
eventually necessitated the need for land reform.

2.3 The Group Areas Act 41 of 195034

The Group Areas Act of 1950, described as the "second wave" of evictions,35 was
used by the then National Party government to forcibly remove black, coloured and
Indian people from designated "white areas".36 According to Schoombee37

[g]roup areas legislation functions essentially through the control of ownership of

immovable property, and of the occupation and "use" of land and premises, on the
basis of race.

The aim of the Act was to provide for the establishment of group areas and for the
control of the acquisition of immoveable property and the occupation of land and
premises.38 The Act established three groups of people - a white group, a native
group and a coloured group.39 Based on the creation of these groups, the Act made
provision for the establishment of group areas designated for the exclusive use and
ownership of members of a particular group.40 Disqualified persons - persons who
were not of the same group as the group area - were not permitted to occupy any
land or premises in a group area except under the authority of a permit, 41 nor were

34
Hereinafter referred to as the Group Areas Act of 1950.
35
Bosman Land Reform 3.
36
For a more detailed discussion of the Act, see Hiemstra Group Areas Act; Henochsberg
Explanation of the Group Areas Act; Kirkwood Group Areas Act.
37
Schoombee 1985 Acta Juridica 77.
38
The Act also contained measures to ensure proper municipal administration in certain areas (s
7); restrictions on certain agreements relating to immovable property in controlled areas (s 8);
restrictions on the occupation of land in controlled areas (s 10); and measures regarding the
disposition of property held in contravention of the Act (s 20).
39
Section 2(1) of the Group Areas Act of 1950. A member of the coloured group is defined as a
person who is not a member of the white or native groups.
40
Section 3(1) of the Group Areas Act of 1950.
41
Section 4(1) of the Group Areas Act of 1950.

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they permitted to own immoveable property in an area from which they were
disqualified.42

2.4 The Group Areas Act 36 of 196643

The final of the four Land Acts to be discussed in this section is the Group Areas Act
of 1966, which complemented the Group Areas Act of 1950.44 The aim of the Act
was to consolidate the law related to the establishment of group areas and to
regulate the control of the acquisition of immoveable property and the occupation
of land and premises.45 The Act shows numerous similarities with the Group Areas
Act of 1950 and also established three groups for the purposes of the Act: white,
Bantu46 and coloured groups. Section 13 of the Act prohibits the acquisition of
immovable property in a controlled area, while section 20 placed restrictions on the
occupation of land in a controlled area.47 These sections reflect sections 4 and 5 of
the Group Areas Act of 1950. The Act also stated that48

no person who is a member of any group shall occupy and no person shall allow
any such person to occupy any land or premises in a specified area which was not
lawfully occupied ... except under the authority of a permit.
However, the Act did provide for exceptions where it would not be unlawful for a
person to occupy land or premises if the person is a bona fide servant or employee
of the state; or is a bona fide visitor for a total of not more than ninety days in any

42
Section 5(1) of the Group Areas Act of 1950. Any agreement allowing persons from outside a
designated group to occupy or own property in an area not designated to them would be ab
initio null and void (s 18 of the Act).
43
Hereinafter referred to as the Group Areas Act of 1966.
44
For an outline of the Act, see Schoombee 1985 Acta Juridica 77-84.
45
Long-title of the Group Areas Act of 1966. For a discussion of the origins and status of the Group
Areas Act of 1966, see Omar 1989 De Rebus 515-522. For a general discussion of the Act, see
Rutsch 1991 South African Human Rights and Labour Law Yearbook 98-103; Davis and Corder
1990 SA Public Law 157-168.
46
The Act moved away from the use of the word "native" and used the term "Bantu" to refer to
"any person who in fact is or who is generally accepted as a member of an aboriginal race or
tribe in Africa" (s12(1)(b)(i) of the Group Areas Act of 1966).
47
The Act formed the basis of separate development, especially in residential areas (Van der Walt
1990 De Jure 26).
48
Section 17(1) of the Group Areas Act of 1966.

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calendar year of any person lawfully residing on the land or premises; or is a bona
fide scholar attending a school controlled or aided by the state.49

In furtherance of its policy of racial segregation, section 23 of the Act empowered

the then State President to proclaim though the Government Gazette an area for
the exclusive occupation by or ownership of members of a specified group. In
conjunction with section 23, sections 26 and 27 prohibited the occupation or
acquisition of property by disqualified persons in group areas. Regarding the
enforcement of the Act, the then South African Police Force were given extensive
powers. As an example of these powers, section 43(1)(a) empowered the Police,
when investigating a suspected offence in terms of the Act, to enter without a
warrant any premises and make any examination as might be necessary.

It was estimated that between 1960 and 1983 approximately 3.5 million people
were forcibly removed as a result of the Acts discussed in the previous four
paragraphs.50

From the discussion of these Land Acts, it is evident that the effects of these Acts
are morally and practically unacceptable and that the Acts had to be repealed in
order to achieve a more equal distribution of land ownership. The following section
will provide a brief overview of the measures taken between 1991 and 1997, which
were aimed at addressing the inequalities brought about by the Land Acts.

49
Section 17(2) of the Group Areas Act of 1966.
50
Platzky and Walker Surplus People 9-12; Robinson 1997 Brooklyn J Int'l L 477, Department of
Land Affairs White Paper para 2.5.

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3 Measures between 1991 and 1997

3.1 The Abolition of Racially Based Land Measures Act 108 of 1991
After the disbanding of the African National Congress and the release of Nelson
Mandela, the National Party government of FW de Klerk had to affect measures to
end the centuries of apartheid - a system supported by the Land Acts discussed in
the preceding paragraphs. The Abolition of Racially Based Land Measures Act was
promulgated in order to bring an end to the Land Acts, and came into operation on
30 June 1991.51 According to the long title of the Act, it was promulgated to

repeal or amend certain laws so as to abolish certain restrictions based on race or

membership of a specific population group on the acquisition and utilization of
rights to land; to provide for the rationalization or phasing out of certain racially
based institutions and statutory and regulatory systems repealed the majority of
discriminatory land laws ...

In order to achieve this aim, section 1 of the Act repealed the Natives Land Act and
related laws, while section 11 repealed the Natives Trust and Land Act. Section 12
of the Act contained transitional measures regarding the phasing out of the South
African Development Trust. Since the Trust owned the majority of "native" land,
transitional measures had to be put in place to facilitate the transfer of the land out
of the Trust to other state departments or institutions established to take transfer
of the land.

Section 48 of the Act dealt with the repeal of the Group Areas Act of 1966. In terms
of this section, the Group Areas Act of 1966 and all amendments thereto were
abolished with immediate effect enabling all South Africans, regardless of race, to
occupy and own land in any part of the country without fear of prosecution. For the
first time in almost 80 years non-white South Africans were no longer precluded
from owning land. This signalled an end to an unfortunate chapter in South Africa's
history.

51
For a discussion of the Act including the identification of certain problems that the Act faced, see
Olivier, Du Plessis and Pienaar 1991 SA Public Law 115-125; Du Plessis, Olivier and Pienaar 1991
SA Public Law 264-266.

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3.2 The Reconstruction and Development Programme (RDP)

The first democratically elected government inherited a country ravaged by

extreme levels of poverty, a worsening unemployment problem and unacceptable
inequalities in levels of income.52 In 1994 the Reconstruction and Development
Programme (RDP) introduced an integrated socio-economic policy framework53
aimed at eradicating the legacies of the past through the redress of inequalities and
building a vibrant and democratic South Africa. The reasons for introducing the RDP
included the fact that South Africa was identified as a country with one of the
highest income distribution inequalities and consequently an extremely high
incidence of poverty.54 The RDP recognised that poverty was the single worst
burden on the country and that poverty affected millions of people, especially those
living in rural areas.55 In order to address poverty and extreme deprivation, the
programme identified various aspects that needed to be addressed. These included
the provision of land and housing, as well as access to safe water and sanitation. 56

The programme recognised that the basic needs of people had to be met and that
human resource development should take place. In order to eradicate poverty and

52
Aliber Poverty-eradication 17. For an overview of the RDP, see Turok 1995 Int J Urban Reg Res
305-318; De Wet 1994 S Afr J Econ 307-332. For a discussion of the initial reaction of the
business sector to the RDP, see Godsell 1994 SALB 44-47 and for the reaction of labour
organisations, see Erwin 1994 SALB 39-43.
53
The RDP was the first policy articulation of the new national government. Turok 1995 Int J Urban
Reg Res 305 described the RDP as the centrepiece of the government's efforts to promote socio-
economic reform and restructuring. He further described the RDP as "a bold umbrella-plan that
aims to bring about all-round socio-economic improvement; to focus the efforts of different
levels and departments of government on this task; and to make the process thoroughly
participatory by mobilizing the resources of civil society to support it" (Turok 1995 Int J Urban
Reg Res 305).
54
White Paper on Reconstruction and Development in Gen N 1954 in GG 16085 of 23 November
1994 (hereinafter referred to as the RDP White Paper).
55
The problem statement to the RDP indicated that it was estimated in 1994 that at least 17
million people were living below the Minimum Living Level (what does this mean and how is it
measured) and of these that at least 11 million were in rural areas (ANC Basic Guide para 2.2.1).
56
The elimination of illiteracy and an improvement in the quality of education was also identified. It
is interesting to note that the RDP White Paper and the ANC Basic Guide differ substantially from
each other. As an example, the RDP White Paper focussed less on land reform and referred to
land reform pilot projects only, while the Basic Guide placed substantial emphasis on land
reform.

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ensure that the basic needs of the poor were met, the programme identified a
strategy resting on four pillars, which were:

 creating opportunities for all South Africans to develop to their full potential;
 boosting production and household income through job creation, productivity
and efficiency, improving conditions of employment, and creating
opportunities for all to sustain themselves through productive activity;
 improving living conditions through better access to basic physical and social
services, health care, and education and training for urban and rural
communities; and
 establishing a social security system and other safety nets to protect the poor,
the disabled, the elderly and other vulnerable groups.57

The programme acknowledged that land represented the most basic need for the
rural population, a need that resulted from the discriminatory practices of the past
regime. In order to effectively address the issues of inequality, poverty and
landlessness caused by the "injustices of forced removals and the historical denial
of access to land"58 the programme identified the need for the establishment of a
comprehensive national land reform programme.59 The RDP envisaged60

a dramatic land reform programme to transfer land from the inefficient, debt-
ridden, ecologically-damaging and white-dominated large farm sector to all those
who wish to produce incomes through farming in a more sustainable agricultural
system.

57
ANC Basic Guide para 2.2.4. The government's commitment to addressing these pillars is evident
from the legislation that has been enacted since the introduction of the programme. These
include the Employment Equity Act 55 of 1998 and the Skills Development Act 97 of 1998. These
legislative measures are aimed at creating opportunities for all South Africans to develop to their
full potential and at providing them with access to land in order to sustain themselves through
productive activity.
58
ANC Basic Guide para 2.4.2. For a discussion of the initial approach of the ANC to land reform,
see Levin and Weiner "Politics of Land Reform" 107-110.
59
Boyle 2001 II&CLR 677. For a discussion of the land reform programme in the context of the
RDP, see Deininger and May Can There be Growth With Equity 7-10.
60
ANC Basic Guide para 4.3.8.

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The land reform programme (as envisaged by the RDP) is aimed at encouraging
the use of land for agricultural purposes and providing productive land in order to
raise income and productivity. The reform programme is based on the redistribution
of land to those who need it, but cannot afford it and on restitution for those who
were deprived of their land due to the system of apartheid.61 In the light of these
inequalities, the RDP identified the main elements of land reform: land
redistribution, restitution, and tenure reform.62

The aim of the land redistribution programme was to strengthen the property rights
of communities already occupying the land and to provide access to land for those
previously deprived of the right to be the owners of land. Within the context of
redistribution, the RDP set the ambitious target of transferring 30% of all white-
owned agricultural land to black South Africans by 2001.63 The aim of land
restitution was to restore land to South Africans dispossessed by discriminatory
legislation and practices since 1913.64 In order to achieve these aims the
government needed to provide substantial funding and to create an infrastructure
that supported land development.65 As a result of the discriminatory practices of
the past, the majority of South Africans had been dispossessed of their land and in
instances forcibly removed and relocated.66 The RDP recognised this and indicated

61
ANC Basic Guide para 2.4.5. Van Rooyen, Ngqangweni and Njobe 1994 Agrekon 257 note that
the RDP struck a nerve in South African society with its emphasis on land restitution and
redistribution.
62
Aliber and Mokoena "Land Question" 330.
63
ANC Basic Guide para 2.4.14. As early as 1994 Van Rooyen, Ngqangweni and Njobe 1994
Agrekon 260 questioned how realistic the 30% transfer was, given the scarcity of resources to
support the programme. The authors also noted that within the context of the agricultural
sector, the objectives and targets of the RDP would have to be balanced with other national
economic needs such as the importance of productive land use for agriculture and food
production and in this regard they stressed the importance of the provision of support services
and policies to support productive and sustainable land use (Van Rooyen, Ngqangweni and
Njobe 1994 Agrekon 257.
64
It should be noted that restitution was originally conceived as a limited programme that focussed
on redress rather than the wider concept of agrarian restructuring (Hall 2004 Canadian Journal
of African Studies 656).
65
Substantial funding is required both to purchase land to redistribute, or to restore land where the
owners were dispossessed, and to provide financial compensation in cases where it is not
possible to restore land to its original owners.
66
Forced removals were to a large extent carried out in terms of the Prevention of Illegal Squatting
Act 52 of 1951. The Act was aimed at preventing illegal squatting and made provision for the
removal of persons who transgressed the Act and certain instances the demolition of structures

691
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that the need existed to restore land to the dispossessed through implementing a
system of land restitution.67

A key element in the fight against poverty is the development of human resources.
The central objective of the entire RDP was to provide opportunities for people to
develop themselves in order not only to improve the quality of their own lives, but
also to contribute to the upliftment of their communities. The programme
acknowledged the fact that although the ultimate responsibility for ensuring human
resource development lay with government, civil society (by implication, the private
sector) should be encouraged to actively take part in the provision of learning
opportunities.68

The Reconstruction and Development Programme represented a very important

first step in post-apartheid South Africa en route to initiating change and
addressing the injustices of the past. The programme identified the eradication of
poverty as its most important challenge.69 In order to eradicate poverty the basic
needs of those disadvantaged by apartheid needed to be addressed. These needs
were to be addressed inter alia through programmes of land reform and land
redistribution, as well as the development of human resources. In order to further
address the issue of land reform, the White Paper on Land Policy, 199770 was

erected in contravention of the Act. For a discussion of this Act, see Lewis 1989 SAJHR 233-239;
O'Regan 1989 SAJHR 361-394.
67
ANC Basic Guide para 2.4.13. The issue of land restitution was confirmed in s 25(7) of the
Constitution in terms of which "a person or community dispossessed of property after 19 June
1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided
by an Act of Parliament, either to restitution of that property or equitable redress".
68
The programme also identified the need to address Adult Basic Education and Training (ABET),
which was aimed at providing adults with literacy and numeracy skills. Other issues covered by
the programme included the environment, nutrition and healthcare, building the economy and
democratising the state and society. This study will, however, be limited to matters dealing with
land and skills development. Although it will be evident from the discussions to follow that the
RDP (with reference to land reform) and other land reform policies have not been as successful
as initially envisaged, the RDP has been successful in other areas, where millions of black South
Africans have gained access to clean running water, housing and electricity (Harsch 2001 Africa
Recovery 14).
69
It should be noted that the eradication of extreme poverty and hunger (by 2015) is the first of
the Millennium Development Goals to which South Africa subscribed.
70
Department of Land Affairs White Paper (hereinafter referred to as the White Paper). It should
be noted that this important policy instrument was not published in the Government Gazette,

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released with the specific vision of establishing a land policy which is "just, builds
on reconciliation and stability, contributes to economic growth and bolsters
household welfare".71 The following paragraphs will provide a brief discussion of
this policy instrument.

3.3 The White Paper on Land Policy, 1997

The White Paper was responsible for establishing the overall land reform policy and
it addressed inter alia the injustices caused by racially-based land dispossessions,
unequal land ownership, and the need for the sustainable use of land.72 In this
regard the White Paper73 acknowledged:

Forced removals in support of racial segregation have caused enormous suffering

and hardship in South Africa and no settlement of land issues can be reached
without addressing such historical injustices.

Based on this reality, the aim of the White Paper was meant to provide an overall
platform for land reform consisting of three principal components: restitution,
redistribution and tenure reform - the same three pillars as identified in the RDP.74
Government committed itself to a land reform programme where, with specific
reference to redistribution, it would not intervene in the land market. Rather than
getting directly involved in the purchase of land for redistribution, the government
undertook to adhere to the principle of "willing buyer, willing seller", where
government would provide resources to finance market-led redistribution

which is the normal route that policy instruments follow once a Green Paper has been released.
In this regard a Green Paper was not released, and accordingly the White Paper on Land Policy,
1997 cannot be described as a true White Paper that went through normal administrative
processes.
71
Department of Land Affairs White Paper para 2.1.
72
Department of Land Affairs White Paper para 2.1. The White Paper noted that an effective land
policy should also deal with the need to reduce poverty and enhance economic growth. See
Mbao 2002 JJS 94.
73
Department of Land Affairs White Paper para 3.17. For a discussion of the White Paper as a
policy document for redistribution, see Carey Miller and Pope Land Title 399-402.
74
See Mostert, Pienaar and Van Wyk "Land" 117.

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transactions without government becoming the owner of the land.75 However, in

the recent past government has identified the "willing buyer, willing seller" system
as one of the principal obstacles against redistribution and is considering abolishing
the principle and moving towards a more aggressive approach of expropriation.76
The White Paper77 recognised the reality that it had limited fiscal resources to
finance the land reform programme, and that the land reform budget is competing
with other budgetary priorities such as housing, health care and education.78

As stated above, the White Paper confirmed the three pillars of the land reform
programme. With reference to redistribution, the White Paper79 stated that

the purpose of the land redistribution programme is to provide the poor with access
to land for residential and productive uses, in order to improve their income and
quality of life.

From a sustainability perspective, the White Paper80 clearly stated, with reference
to redistribution projects:

75
This approach to land reform has been described as market-led or market-assisted agrarian
reform (Lahiff 2007 Third World Quarterly 1577). For a discussion of the origins of market-led
agrarian reform and recent debates, see Lahiff, Borras and Kay 2007 Third World Quarterly
1420-1423.
76
The Green Paper on Land Reform proposes a move away from the "willing buyer, willing seller"
principle. It should be noted that although the government identifies the principle as one of the
major stumbling blocks in the current land policy, it has not provided the details of any research
conducted to support its position. It has been argued that redistributive land reform has two
minimum requirements namely "compensation to landlords at below 'market' price and payment
by peasants and workers at below actual acquisition cost" (Borras 2006 Journal of Agrarian
Change 75). These requirements would provide support for the Government's proposed move
away from the "willing buyer, willing seller" principle. Borras 2006 Journal of Agrarian Change
74-75 is of the opinion that instances where current owners of land are paid 100% of the market
value while buyers shoulder 100% of the acquisition cost cannot be described as true
redistributive land reform. However, if the South African position is examined it would become
evident that land reform beneficiaries are seldom responsible for 100% of the acquisition cost. In
terms of an elaborate grant system, beneficiaries are supported through government funding to
purchase land. See Kloppers Improving Land Reform 66-74 for a discussion of the government
measures to foster the conditions in which prospective beneficiaries may gain access to land.
77
Department of Land Affairs White Paper para 3.2.
78
Given the limited resources allocated to the land reform programme it is not surprising that the
pace of progress of the land reform programme has been very slow. With an annual budget of
less than 1% of the national budget, budgetary evidence does not support the identification of
land reform as a priority.
79
Department of Land Affairs White Paper para 4.3. The redistribution programme will be
discussed in more detail in para 2.3.1.

694
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Viability and sustainability of projects must be ensured by giving attention to: the
economic and social viability of intended land use; fiscal sustainability by the local
authority; environmental sustainability; proximity and access to markets and
employment; availability of water and bulk infrastructure.

Viability and sustainability are central to any successful land reform programme.
Unfortunately, the issue of the economic and social viability of the intended land
use has been largely neglected in both the redistribution and restitution pillars with
the majority of agricultural land reform programmes being unproductive.

The goal of the restitution programme, on the other hand, is described as81

to restore land and provide other restitutionary remedies to people dispossessed by

racially discriminatory legislation and price, in such a way as to provide support to
the vital process of reconciliation, reconstruction and development.

The White Paper reaffirms the fact that the policy and procedure for land claims are
based on the provisions of section 25(4) of the Constitution and the Restitution of
Land Rights Act82 and details four of its elements: qualification criteria,83 forms of
restitution,84 compensation,85 and urban claims.86

Although land reform aims to contribute to economic development, both by

providing beneficiaries with the opportunity to engage in productive land use and
by increasing employment opportunities through encouraging greater investment,

80
Department of Land Affairs White Paper para 4.7.1. See Pienaar 2011 PER 34; Carey Miller and
Pope Land Title 400.
81
Department of Land Affairs White Paper para 4.13. The White Paper reaffirms the criteria for the
lodgement of a restitution claim and identifies some of the legislation that will be recognised as
racially discriminatory laws for the purposes of the restitution process (Department of Land
Affairs White Paper para 4.14.2). The restitution programme will be discussed in more detail in
para 2.3.2.
82
Restitution of Land Rights Act 22 of 1994. For further reference to this Act, see para 2.4.1.
83
Department of Land Affairs White Paper para 4.14.2. Dispossession of right in land after 19 June
1913 in terms of, or furthering the objective of, a discriminatory law or practice without receiving
equitable and just compensation.
84
Department of Land Affairs White Paper para 4.14.4. Forms of restitution include: restoration of
the dispossessed land; provision of alternative land; payment of compensation; or a combination
of land and compensation.
85
Department of Land Affairs White Paper para 4.14.5. The White Paper addresses the payment of
compensation to claimants and compensation to land owners.
86
Department of Land Affairs White Paper para 4.14.6.

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the majority of agricultural land reform projects are not using land productively and
the envisaged growth in employment has not materialised.87 In the most instances
the major cause for the unproductive use of land is a lack of financial and
institutional support from government to land reform beneficiaries. This is despite
the White Paper's88 acknowledgement that without a programme of state support
and targeted intervention, land reform will not be possible and that

[t]he long-term success and sustainability of the land reform programme is to a

large extent dependent on the ability of potential beneficiaries to be able to access
the programme easily, and to have a clear understanding of what assistance they
can get from government.

This passage underlines the critical importance of post-settlement support for the
success and sustainability of the land reform programme. Unfortunately it appears
as though the importance of post-settlement support has in the past been
sacrificed for the numbers game, in which the focus was on the number of
restitution claims settled or the number of hectares transferred in terms of the
redistribution programme, rather than on ensuring that the transfers resulted in
sustainable livelihoods for the beneficiaries.

4 Conclusion

The most prominent instrument used by the apartheid regime to establish and
enforce its policy of racial segregation was legislative intervention. This article
highlighted a number of the most significant legislative measures put in place to
limit the black majority's ownership of land, especially agricultural land. Through its
limitation on land ownership, the then government confined the majority of the
population to a few homelands in which ownership was permitted. The result of
these measures is that South Africa currently has extremely skewed land ownership

87
This is despite the fact that the White Paper identifies redistributive land reform and the
provision of support services as central to the government's employment strategy and to
reducing the mounting cost of the welfare budget (Department of Land Affairs White Paper para
2.5.2).
88
Department of Land Affairs White Paper para 6.7.

696
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

and land use patterns where historically disadvantaged South Africans do not own
the majority of the productive agricultural land. This situation resulted in the need
for a comprehensive land reform programme as envisaged by the RDP and the
White Paper and eventually endorsed by the Constitution. Unfortunately, the land
reform programme has had limited success and further legislative interventions,
such as forced expropriations, might become necessary. However, in order to
enable forced expropriations an amendment to the Constitution will be required,
and it remains to be seen whether the current regime will choose to change the
constitutionally protected property clause – a clause that was central to the
negotiations that lead to the current political dispensation.

697
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Bibliography

Aliber Poverty-eradication
Aliber M Poverty-eradication and Sustainable Development (HSRC Cape Town
2002)

Aliber and Mokoena "Land Question"

Aliber M and Mokoena R "The Land Question in Contemporary South Africa" in
Daniel J, Habib A and Southall R (eds) State of the Nation: South Africa 2003-
2004 (HSRC Cape Town 2003) 330-348

ANC Basic Guide

African National Congress A Basic Guide to the Reconstruction and
Development Programme (ANC Pretoria 1994)

Badenhorst, Pienaar and Mostert Law of Property

Badenhorst P, Pienaar J and Mostert H Silberberg and Schoeman's The Law of
Property 5th ed (LexisNexis Durban 2006)

Borras 2006 Journal of Agrarian Change

Borras SM "The Philippine Land Reform in Comparative Perspective: Some
Conceptual and Methodological Implications" 2006 Journal of Agrarian Change
69-101

Bosman Land Reform

Bosman F Land Reform: A Contextual Analysis (FW de Klerk Foundation
Johannesburg 2007)

Boyle 2001 II&CLR

Boyle H "The land problem: what does the future hold for South Africa's land
reform program?" 2001 II&CLR 665-696

698
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Carey Miller and Pope Land Title

Carey Miller D and Pope A Land Title in South Africa (Juta Cape Town 2000)

CDE Land Reform

Centre for Development and Enterprise Land Reform in South Africa - A 21st
Century Perspective (Centre for Development and Enterprise Johannesburg
2005)

Claxton 2003 Mich J Race & L

Claxton H "Land and liberation: Lessons for the creation of effective land
reform policy in South Africa" 2003 Mich J Race & L 529-552

Davenport 1985 Acta Juridica

Davenport T "Some reflections on the history of land tenure in South Africa,
seen in the light of attempts by the State to impose political and economic
control" 1985 Acta Juridica 53-76

Davenport 1987 Development Southern Africa

Davenport T "Can sacred cows be culled? A historical review of land policy in
South Africa, with some questions about the future" 1987 Development
Southern Africa 388-400

Davenport 1990 Development Southern Africa

Davenport T "Land legislation determining the present racial allocation of
land" 1990 Development Southern Africa 431-440

Davis and Corder 1990 SA Public Law

Davis D and Corder H "Restructuring the rural economy: Legal issues" 1990
SA Public Law 157-168

699
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

De Wet 1994 S Afr J Econ

De Wet G "The RDP and a structural problem in the South African economy"
1994 S Afr J Econ 307-332

Deininger and May Can There be Growth with Equity

Deininger K and May J Can There be Growth with Equity: An Assessment of
Land Reform in South Africa (World Bank Development Research Group
Washington 2000)

Department of Land Affairs White Paper

Department of Land Affairs White Paper on Land Policy, 1997 (DLA Pretoria
1997)

Du Plessis 1991 THRHR

Du Plessis W "Dorpstigting: SAOT en selfregerende gebiede" 1991 THRHR
444-457

Du Plessis, Olivier and Pienaar 1991 SA Public Law

Du Plessis W, Olivier N and Pienaar J "Nuwe grondmaatreëls" 1991 SA Public
Law 255-269

Erwin 1994 SALB

Erwin A "The reconstruction and development programme: a view from the
tripartite alliance" 1994 SALB 39-43

Feinberg 1993 IJAHS

Feinberg H "The Natives Land Act of 1913 in South Africa: Politics, race and
segregation in the early 20th century" 1993 IJAHS 65-109

Feinberg 1995 Historia

Feinberg H "Pre-Apartheid African land ownership and the implication for the
current restitution debate in South Africa" 1995 Historia 48-63

700
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Feinberg 2009 Journal for Contemporary History

Feinberg H "Black South African initiatives and the land: 1913-1948" 2009
Journal for Contemporary History 39-61

Feinberg and Horn 2009 Journal of African History

Feinberg H and Horn A "South African territorial segregation: New data on
African farm purchases, 1913-1936" 2009 Journal of African History 41-60

Fenyes, Van Rooyen and Vink 1990 Development Southern Africa

Fenyes T, Van Rooyen C and Vink N "Reassessment of the Land Acts of 1913
and 1936" 1990 Development Southern Africa 583-589

Godsell 1994 SALB

Godsell B "The reconstruction and development programme: A view from
business" 1994 SALB 44-47

Hall 2004 Canadian Journal of African Studies

Hall R "Land restitution in South Africa: Rights, development, and the
restrained State" 2004 Canadian Journal of African Studies 654-671

Harsch 2001 Africa Recovery

Harsch E "South Africa tackles social inequities" 2001 (Jan) Africa Recovery
12-18

Henochsberg Explanation of the Group Areas Act

Henochsberg E An Explanation of the Group Areas Act, 1950 (Butterworth
Durban 1950)

Hiemstra Group Areas Act

Hiemstra V The Group Areas Act (Juta Cape Town 1953)

701
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Kirkwood Group Areas Act

Kirkwood K The Group Areas Act - An Analysis (SAIIR Johannesburg 1950)

Kloppers Improving Land Reform

Kloppers HJ Improving Land Reform Through CSR: A Legal Framework
Analysis (LLD-thesis NWU 2012)

Lahiff 2007 Third World Quarterly

Lahiff E "'Willing buyer, willing seller': South Africa's failed experiment in
market-led agrarian reform" 2007 Third World Quarterly 1577-1597

Lahiff, Borras and Kay 2007 Third World Quarterly

Lahiff E, Borras S and Kay C "Market-led agrarian reform: policies,
performance and prospects" 2007 Third World Quarterly 1417-1436

Levin and Weiner "Politics of Land Reform"

Levin R and Weiner D "The Politics of Land Reform in South Africa After
Apartheid: Perspectives, Problems, Prospects" in Bernstein H The Agrarian
Question in South Africa (Frank Cass & Co London 1996) 93-119

Lewis 1989 SAJHR

Lewis C "The Prevention of Illegal Squatting Act: The promotion of
homelessness?" 1989 SAJHR 233-239

Mapadimeng 2003 Transformation

Mapadimeng M "The Land Redistribution for Agricultural Development (LRAD)
sub-programme: Opportunity for or constraint to land redistribution, rural
economic development and poverty alleviation?" 2003 Transformation 20-41

702
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Mbao 2002 JJS

Mbao M "Undoing the injustices of the past: Restitution of rights in land in
post-apartheid South Africa with special reference to the North-West
Province" 2002 JJS 88-114

Mostert 2002 SALJ

Mostert H "Land restitution, social justice and development in South Africa"
2002 SALJ 400-428

Mostert, Pienaar and Van Wyk "Land"

Mostert H, Pienaar J and Van Wyk J "Land" in Joubert W (ed) The Law of
South Africa Vol 14(1) 2nd ed (LexisNexis Durban 2010) 1-261

Murray and Williams 1994 Review of African Political Economy

Murray C and Williams G "Land and Freedom in South Africa" 1994 Review of
African Political Economy 315-324

Olivier, Du Plessis and Pienaar 1991 SA Public Law

Olivier N, Du Plessis W and Pienaar J "Wette op grondbesit herroep" 1991 SA
Public Law 115-125

Omar 1989 De Rebus

Omar I "The Group Areas Act: A historical and legal overview" 1989 De Rebus
515-522

O'Regan 1989 SAJHR

O'Regan C "No more forced removals? An historical analysis of the Prevention
of Illegal Squatting Act" 1989 SAJHR 361-394

Pienaar 2011 PER

Pienaar J "Restitutionary road: Reflecting on good governance and the role of
the land claims court" 2011 PER 30-48

703
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Platzky and Walker Surplus People

Platzky L and Walker C The Surplus People: Forced Removals in South Africa
(Ravan Press Johannesburg 1985)

Robinson 1997 Brooklyn J Int'l L

Robinson L "Rationales for rural land redistribution in South Africa" 1997
Brooklyn J Int'l L 465-504

Rugege 2004 Int'l J Legal Info

Rugege S "Land reform in South Africa: An overview" 2004 Int'l J Legal Info
283-312

Rutsch 1991 South African Human Rights and Labour Law Yearbook
Rutsch P "The Group Areas Act" 1991 South African Human Rights and
Labour Law Yearbook 98-103

SAIRR Native Bills

South African Institute of Race Relations The Native Bills Described and
Analysed (SAIRR Johannesburg 1935)

Schoombee 1985 Acta Juridica

Schoombee J "Group areas legislation - The political control of ownership and
occupation of land" 1985 Acta Juridica 77-107

Turok 1995 Int J Urban Reg Res

Turok I "Restructuring or reconciliation? South Africa's Reconstruction and
Development Programme" 1995 Int J Urban Reg Res 305-318

Van der Walt 1990 De Jure

Van der Walt AJ "Towards the development of post-apartheid land law: An
exploratory survey" 1990 De Jure 1-46

704
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Van der Walt 1991 THRHR

Van der Walt AJ "Land law without the land acts - Predicaments and
possibilities" 1991 THRHR 738-752

Van der Merwe 1989 TSAR

Van der Merwe D "Land tenure in South Africa: A brief history and some
reform proposals" 1989 TSAR 663-692

Van Rooyen, Ngqangweni and Njobe 1994 Agrekon

Van Rooyen J, Ngqangweni S and Njobe B "Agricultural change,
reconstruction and development in South Africa: Comments on the RDP" 1994
Agrekon 257-260

Wickins 1981 S Afr J Econ

Wickins P "The Natives Land Act of 1913: A cautionary essay on simple
explanations of complex change" 1981 S Afr J Econ 105-129

Register of case law

Government of the Republic of South Africa v Grootboom 2001 1 SA 46 (CC)

Port Elizabeth Municipality v Various Occupiers 2005 1 SA 217 (CC)

Register of legislation

Abolition of Racially Based Land Measures Act 108 of 1991

Constitution of the Republic of South Africa, 1996
Employment Equity Act 55 of 1998
Group Areas Act 41 of 1950
Group Areas Act 36 of 1966
Natives Land Act 27 of 1913
Native Trust and Land Act 18 of 1936
Prevention of Illegal Squatting Act 52 of 1951

705
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

Skills Development Act 97 of 1998

Restitution of Land Rights Act 22 of 1994

Register of government publications

Gen N 1954 in GG 16085 of 23 November 1994

Register of internet sources

SAPA 2010 www.politicsweb.co.za

SAPA 2010 90% of Redistributed Farms Not Functional - Nkwinti
www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=1635
15&sn=Detail [date of use 19 Jun 2013]

List of abbreviations

ABET Adult Basic Education and Training

Brooklyn J Int'l L Brooklyn Journal of International Law
CDE Centre for Development and Enterprise
II&CLR Indiana International & Comparative Law Review
IJAHS International Journal of African Historical Studies
Int'l J Legal Info International Journal of Legal Information
Int J Urban Reg Res International Journal of Urban and Regional Research
JJS Journal for Juridical Science
Mich J Race & L Michigan Journal of Race and Law
PER Potchefstroom Elektroniese Regstydskrif / Potchefstroom
Electronic Law Journal
RDP Reconstruction and Development Programme
SAIRR South African Institute of Race Relations
SAJHR South African Journal on Human Rights
SALB South African Labour Bulletin

706
H KLOPPERS & GJ PIENAAR PER / PELJ 2014(17)2

SALJ South African Law Journal

S Afr J Econ South African Journal of Economics
THRHR Tydskrif vir Hedendaagse Romeins Hollandse Reg
TSAR Tydskrif van die Suid-Afrikaanse Reg / Journal of South
African Law

707