The South African redistribution imperative: Incongruities in theory and practice

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Date

2021

Journal Title

Journal ISSN

Volume Title

Publisher

Cambridge University Press

Abstract

It has partly been assumed that the constitutional obligation to pay compensation for expropriations is to blame for the slow pace at which land has been redistributed in South Africa. However, this assumption requires careful analysis and reflection, with reference to the imperfections of the policies and laws that set out to address landlessness, as well as the underlying theoretical approach to economic justice. This article questions the purpose for which land reform beneficiaries acquire land, with reference to the role that property should ideally fulfil for the landless. The article makes a number of observations to cast light on why the redistribution of land has been alarmingly slow, where inconsistencies and loopholes exist in the programme, and whether expropriations for nil compensation will make any difference in remedying existing failures in the redistribution programme.

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Keywords

Land reform, Redistribution, Economic justice, Egalitarianism, South Africa

Citation

Viljoen, S. M. (2021). The South African redistribution imperative: Incongruities in theory and practice. Journal of African Law, 65, (3),403–429. 10.1017/S0021855321000188