Land Reform Author: J M Pienaar
Publication date: 2014
Pages: 960 pp
R758.00 (incl. VAT, excl. delivery)
Land Reform covers all the legal developments spanning the first phase of the land reform programme which was embarked upon in 1991 and continues with the all-encompassing land reform programme which coincided with the constitutional dispensation until July 2013. It approaches land reform developments from a legal perspective and places these developments within a property law context. In this regard the policy and Constitutional dimensions of land reform are also explored. As land reform is complex and multi-dimensional, and no single definition of land reform exists, the unique South African conditions and the reasons for embarking upon land reform – calling for a very specific programme - are dealt with in particular.
The three sub-programmes constituting redistribution and broadening access to land; tenure reform and restitution, are explored in detail in three separate chapters. In this regard the relevant statutory measures, policy documents and case law developments have been dealt with. Unlawful occupation of land and eviction, strictly speaking not falling within the sub-programmes, but ultimately impacting on land reform, are furthermore discussed and important developments within this domain analysed.
The final chapter reflects on the unique programme that unfolded in South Africa and ultimately poses a two pronged question: (a) whether the developments have indeed resulted in an aligned, sensible programme and (b) whether a compelling argument to continue with land reform may still be made out. To which the answer is in the affirmative for the second question, while the answer to the first is dependent on the programme being conceptualised and implemented optimally and successfully.
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