IDEAS home Printed from https://ideas.repec.org/a/sja/journl/v12y2023i4p597-617.html
   My bibliography  Save this article

An Analysis of Post-apartheid Land Reform Interventions Fostering Restoration of Dignity and Equality in South Africa

Author

Listed:
  • Molatelo SEBOLA

    (Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa.)

  • Kola O. ODEKU

    (Faculty of Management and Law, School of Law, Department of Public and Environmental Law, University of Limpopo, South Africa.)

Abstract

This article discusses constitutional, legislative and policy frameworks strategically introduced post-apartheid era to foster land expropriation reforms that would restore dignity, equity, equality and justice to the forcefully dispossessed Black South Africans from their land during the pre-colonial and apartheid regimes. More importantly, even though the colonial and apartheid settlers metamorphosised into rulers expropriated land without compensation, the Constitution of the Republic of South Africa 1996 has brough about various interventions that seek to ensure that the land that was forcefully taken should be returned to the right owners. This proposition has continued to generate fierce debates in the country. While some pundits have asserted that the Black majority now in charge of governance, should use postapartheid laws to expropriate land without compensation, there have been stiff resistant from the white minority who are both the owners of vast land and at the same time exercising right of possession and occupation respectively. It is against these competing interests that this paper postulates that in order to restore the dignity of the dispossessed and forcefully removed Black South Africans from their rightful land, there is need to look at the constitutional imperatives as well as equity and justice based on the post-apartheid frameworks that are available to ensure that the past apartheid land dispossession and injustices are redressed, and the wrongs committed are remedied.

Suggested Citation

  • Molatelo SEBOLA & Kola O. ODEKU, 2023. "An Analysis of Post-apartheid Land Reform Interventions Fostering Restoration of Dignity and Equality in South Africa," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 12(4), pages 597-617, December.
  • Handle: RePEc:sja:journl:v:12:y:2023:i:4:p:597-617
    as

    Download full text from publisher

    File URL: https://www.adjuris.ro/revista/articole/An12nr4/11.%20Sebola,%20Odeku.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    land justice; inclusivity; equality; post-apartheid; constitutional imperatives.;
    All these keywords.

    JEL classification:

    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sja:journl:v:12:y:2023:i:4:p:597-617. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/ssjarea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.