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Overview of land reform and rural development in post-apartheid South Africa: Policy trajectories and implementation 02 July 2014 Portfolio Committee: Rural Development and Land Reform. Presentation outline. Overview of the context Sector: LSCF and SSSF
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Overview of land reform and rural development in post-apartheid South Africa: Policy trajectories and implementation
02 July 2014
Rural Development and Land Reform
Large-Scale Commercial Agriculture
Smallholder sector (subsistence to semi-commercial production)
Protection of private property and expropriation
“(1) No one may be deprived of property except in terms of a law of general application, and no law may permit arbitrary deprivation of property.
“(2) property may be expropriated... (a) for public purpose or in the public interest; (b) subject to compensation...”
“(3) The amount of compensation and the time and manner of payment must be just and equitable reflecting an equitable balance between public interest and the interests of those affected,...”
4(a) The public interest includes the nations commitment to land reform and to reforms to bring about equitable access to all South Africa’s natural resources.
Land reform programme
“(5) The state must take reasonable legislative, and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis: REDISTRIBUTION
(6) A person or community whose tenure of land is legally insecure as a result of part racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress: TENURE REFORM
(7) A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress”: RESTITUTION
Table 4: Status of various land claims
Source: adapted from the CRLR (2013) and Parliament (2013) Ad hoc Committee Report
(2)The National Assembly must provide for mechanisms - (a) to ensure that all executive organs of state in the national sphere of government are accountable to it; and (b) to maintain oversight of- (i) the exercise of national executive authority, including the implementation of legislation; and; (ii) any organ of state.’