Policy Submissions

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Browsing by Subject "Communal land right bill"

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    Reforming communal land tenure in South Africa – why land titling is not the answer: Critical comments on the communal land rights bill, 2002
    (Institute for Poverty Land and Agrarian Studies (PLAAS), 2002) Cousins, Ben
    The long-awaited draft Communal Land Rights Bill sets out government’s proposals to resolve urgent land tenure problems in the former ‘homeland’ areas, where most rural South Africans still live, and where land is registered in the name of the state. These problems derive from lack of adequate legal recognition of communal tenure systems, abuse by powerful elites, breakdown of the old permit-based system, and gender inequalities. They result in conflicting claims to land and bitter disputes over authority. Development efforts are severely constrained by lack of clarity on land rights, and the tensions that result. Tenure insecurity also results from the forced overcrowding of these areas under apartheid. This means that de facto rights often overlap and are in conflict.
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    Submission to the portfolio committee for land and agriculture: The communal land rights bill
    (Institute for Poverty Land and Agrarian Studies (PLAAS), 2003) PLAAS; NLC
    The National Land Committee (NLC) and the Programme for Land and Agrarian Studies (PLAAS) of the University of the Western Cape have been funded by DfID UK (Department for International Development) to undertake a process of community consultation around the Communal Land Rights bill. The project began in August 2003 and has engaged in consultation with representatives from over 90 rural communities in the different provinces of South Africa. Various rural non-governmental organisations have been partners in the process of convening rural consultation meetings. These including AFRA, AnCRA, Masifunde, Nkuzi, TRAC North West, and TRALSO. This submission is made on behalf of the joint PLAAS/NLC project and reflects the lessons the project has learnt about the bill during the consultation process. Land NGOs and rural communities will make their own submissions directly to the portfolio committee.