Tag: land reform

Proposed communal land policy could replay 1913

  The  government has tried and serially failed in the 21 years since democracy dawned to resolve questions around the authority of traditional leaders in South Africa’s rural areas and, aligned to that, the forms of land ownership that should apply in the former apartheid homelands. It seems now to be gearing up to try …

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Permanent link to this article: https://www.customcontested.co.za/proposed-communal-land-policy-could-replay-1913/

Traditional leaders use archaic laws to cling to the land

MAYIBUYE iAfrika! This was a rallying cry that defined the struggle against colonialism and apartheid. This slogan refers, among other things, to the land which was taken away from Africans by colonists. But this dream has not been realised under the land reform programme post-1994 because of tension in approaches. Traditional leaders claim that land …

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Permanent link to this article: https://www.customcontested.co.za/traditional-leaders-use-archaic-laws-to-cling-to-the-land-2/

Bakgatla ba Kgafela CPA’s Constitutional Court case goes to heart of land reform

The Bakgatla ba Kgafela court case hits at the heart of South Africa’s land restitution programme, and at people’s land rights protected by the Constitution. On 28 May 2015 the Constitutional Court heard the case of Bakgatla ba Kgafela Tribal CPA v Bakgatla ba Kgafela Tribal Authority and Others. The case was about whether the …

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Permanent link to this article: https://www.customcontested.co.za/bakgatla-ba-kgafela-cpas-constitutional-court-case-goes-to-heart-of-land-reform/

Communal Land Tenure Policy Undermines Rights of Ordinary People*

It has been a big month for advocates of communal land tenure rights. But the struggle is nowhere near over. On 28 May, the Constitutional Court heard an important case that inevitably will set an important precedent concerning the right of groups to hold land within the boundaries of the former homelands. And on the …

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Permanent link to this article: https://www.customcontested.co.za/communal-land-tenure-policy-undermines-rights-of-ordinary-people/

Preview: CPA case in the Constitutional Court 28 May*

Name of case: Bakgatla-Ba-Kgafela Tribal Community Property Association v Bakgatla-Ba-Kgafela Tribal Authority and Another CCT 231/14 Date of hearing: Thursday, 28 May 2015 Issue: Whether the applicant is duly registered under the Community Property Association Act Background: This is a sad and protracted tale of greed, mismanagement and ineffectual land restitution.

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Permanent link to this article: https://www.customcontested.co.za/preview-cpa-case-in-the-constitutional-court-28-may/