IDEAS home Printed from https://ideas.repec.org/a/taf/deveza/v22y2005i3p409-428.html
   My bibliography  Save this article

Contested land tenure reform in South Africa: experiences from Namaqualand

Author

Listed:
  • Poul Wisborg
  • Rick Rohde

Abstract

In South Africa the distribution of land rights remains a major manifestation and cause of injustice, only slowly affected by the constitutionally mandated programme of land restitution, redistribution and tenure reform. The Transformation of Certain Rural Areas Act 94, 1998 (Trancraa) is the first post-apartheid legislation to reform 'communal' land tenure. It applies to 23 former 'coloured rural areas' and was introduced in six areas in Namaqualand in the Northern Cape Province during 2001-2. In a different, contested process a Communal Land Rights Bill for the former 'homelands' was published in August 2002, adopted by Cabinet in 2003 and signed into law in July 2004. While the Communal Land Rights Act relies on 'traditional councils' with a majority of non-elected members, Trancraa was enacted in the context of the 1997 White Paper of South African Land Policy and focused on community choice and the role of municipalities. The consultative process in Namaqualand was driven by civil society organisations and community actors, but did not include the training, finance and development support needed to transform rural relations among people affected by unemployment, land scarcity and weak local organisations. To promote procedural and substantive justice, tenure reform must honour the human rights of equality, redress and land development support articulated in land policy and the Constitution.

Suggested Citation

  • Poul Wisborg & Rick Rohde, 2005. "Contested land tenure reform in South Africa: experiences from Namaqualand," Development Southern Africa, Taylor & Francis Journals, vol. 22(3), pages 409-428.
  • Handle: RePEc:taf:deveza:v:22:y:2005:i:3:p:409-428
    DOI: 10.1080/03768350500253260
    as

    Download full text from publisher

    File URL: http://www.tandfonline.com/doi/abs/10.1080/03768350500253260
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. repec:gam:jlands:v:6:y:2017:i:4:p:89-:d:122434 is not listed on IDEAS

    More about this item

    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:taf:deveza:v:22:y:2005:i:3:p:409-428. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Chris Longhurst). General contact details of provider: http://www.tandfonline.com/CDSA20 .

    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 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.

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.