Laws and Policies

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How the laws link

How the laws link

Labour Tenancy

What is a labour tenant? A labour tenant is someone who works on a farm in exchange for the right to live on that farm and work a portion of that farm for themselves. For a more detailed definition, see Section 1(xi) of the Land Reform (Labour Tenants) Act 3 or 1996.

Restitution of Land Rights Amendment Act

The Restitution of Land Rights Act (No. 22 of 1994) was passed to great applause in 1994. Its goal was to offer a solution to people who had lost their land as a result of racially discriminatory practices such as forced removals. This included people who were dumped in Bantustans and put under traditional leaders. The …

Spatial Planning and Land Use Management Act (SPLUMA)

The Spatial Planning and Land Use Management Act (or SPLUMA) and Regulations The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) is a national law that was passed by Parliament in 2013. The law gives the Department of Rural Development and Land Reform (DRDLR) the power to pass Regulations in terms of …

Traditional and Khoi-San Leadership Bill (‘TKLB’)

The Traditional and Khoi-San Leadership Bill (‘TKLB’) was made available to the public in September 2015. The national Department of Traditional Affairs published a notice in the Government Gazette on 18 September 2015, saying that the Minister of Cooperative Governance and Traditional Affairs would introduce the Bill in Parliament. On 23 September 2015, Parliament announced …

Traditional Leadership and Governance Framework Act (TLGFA)

The Traditional Leadership and Governance Framework Act (Act No 41 of 2003) is the first and pivotal law in the package of traditional leadership laws drafted during the 2000s. This package comprises the Communal Land Rights Act, several provincial traditional leadership laws and the Traditional Courts Bill. Enacted on 19 December 2003, some of the …

Communal Land Rights Act (CLaRA)

The Communal Land Rights Act was framed by the government as legislation that would offer redress to people “whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices”, as proclaimed in Section 25 (6) of the Constitution. The law was enacted in 2004. However, as many rural people …

Traditional Courts Bill (TCB)

The Traditional Courts Bill (B1-2012, formerly B15-2008) was developed to replace Sections 12 and 20 of the Black Administration Act of 1927, colonial-era provisions that still empower chiefs and headmen to determine civil disputes and try certain offences in traditional courts. The TCB has lapsed, which means it will not be passed. The TCB’s stated …

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