This paper examines the experiences of implementation of land reform policies in the Eastern Cape through a series of case studies.It looks at how attempts at redistribution, restitution and land tenure reform have resulted in a variety of models and approaches.
The paper presents case studies from Kenya, Lesotho and South Africa in order to examine the impact of HIV/AIDS upon land, and present preliminary policy recommendations.
Tenure reform aims to secure people's land rights. In Southern Africa most so-called 'communal' land, reserved for Africans, is still held by the state. In these areas, land rights are increasingly insecure. Yet, the confirmation of the rights of those who have long occupied and used the land lags behind programmes that aim to transfer white-held land to Africans. Many colonial and apartheid land laws are still in force, particularly those relating to chiefs, who resist any reduction to their power.
Those who led southern African states to independence promised to redress the inequalities of settler colonialism by returning the land to the people. A generation later the rural poor are still waiting. Many lack access and full rights to agricultural land and, as developments in Zimbabwe and South Africa show, they are getting angry. Where did post-independence land reform policy go wrong?
The paper offers two models for looking at land reform as a human rights issues in Namaqualand, South Africa. It argues that South African land reform needs to be grounded in a human rights and policy discourse in local, real-world entitlement processes. It uses two theoretical models: an environmental entitlement framework: analyses how people turn resources into endowments, entitlements and capabilities.
This policy brief argues that the time, funding and institutional support required to carry out tenure reform in South Africa have been seriously under-estimated. Reformed tenure rights are ineffective and vulnerable if isolated from other entitlements such as training, finance and integrated development initiatives.
This paper examines the introduction of Restitution Act No 22 of 1994. The main aim of the Act was to provide for the restitution of land rights to persons or communities dispossessed after 19 June 1913 as a result of past racial discriminatory laws or practices.
This research in Mozambique, South Africa and Zimbabwe looks at the practice of rights claiming on the ground, in the context of 'legal pluralism' and complex, politicised institutional settings. In the southern African context rights are formulated and claimed in a very unlevel playing field and are highly contested. In practice rights are realised through complex negotiations about access to resources at a local level.
Series of country papers on HIV/AIDS and land in Lesotho, Kenya, South Africa, Malawi, Tanzania, with concluding paper on methodological and conceptual issues. The key questions addressed include: The impact on and changes in land tenure systems (including patterns of ownership, access, and rights) as a consequence of HIV/AIDS with a focus on vulnerable groups. The ways that HIV/AIDS affected households are coping in terms of land use, management and access, e.g. abandoning land due to fear of losing land, renting out due to inability to utilise land, distress sale of land, etc.
This paper looks at the case of Mdudwa village in the Eastern Cape to explore the processes and impacts of democratic decentralisation.
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