The land audit reveals the relationship of south africans to one another through the management of land as a resource for sustainable development and nationbuilding. Land audit report november 2017 south african african. Statutes of the republic of south africa land expropriation act, no. Transition to democracy offers opportunity for whole system reform by alta folscher and neil cole this case study considers the substantial reforms to the south african public expenditure management system undertaken since the mid1990s. According to knobel et al 2011 the modern law of property in south africa and the concept of ownership, are derived directly from roman law and still bear many similarities to it. Mar 05, 2015 the land holdings bill, which will soon be introduced to parliament for approval, will also stop any individual from owning more than 12 000 hectares, with the government undertaking to buy and. Many in rural communities have lost patience with the paternalistic approach of traditional leaders, commercial farmers and mining corporations. The government white paper on land reform and accompany ing bills. Sugarcane, sugar beet, maize, sorghum, and cassava can be used for ethanol production, while peanuts, jatropha, and palm oil can be used to produce biodiesel. Amabhungane centre for investigative journalism npc and another v. This is a list of acts of the parliament of south africa enacted in the years 1920 to 1929.
List of laws on land dispossession and segregation south. Coronavirus, qinetiq, and the rothschild bombshell. Land dispossession under white minority rule was achieved through racially discriminative legislation and violence. This act was later renamed as the development trust and land act. Land restitution in south africa since 1994 south african. The economic dimension of such relationship is fundamental as the eu is south africa s first trading and investment partner, accounting for 25% of south africa s trade and 75% of its foreign direct investments fdi. Bill on commission for fresh produce markets memorandum 1969 10. List of acts of the parliament of south africa, 192029. Apr 18, 2017 agricultural land holdings bill bill inviting public comments. Regulation of agricultural land holdings draft bill 2017 pmg. Unpacking south africas agricultural land holdings bill back as a fairly new democratic country, south africa is, in many ways, still suffering from the consequences of the unforgivable apartheid era. However, south africans with foreign spouses might. Jun 04, 2015 he also says south africa is about the only country that has vast land holdings for individuals and entities, and the idea with the bill is to service our south african citizens first.
South africa, 1996 the constitution, intends to introduce the restitution of land rights amendment bill, 2017 in parliament during the second quarter of 2017. It shows that 114 223 276 ha or 94% of 121 924 881 ha land in the country is registered in the deeds office. June 2016 download pdf more than two decades after the end of apartheid, land remains an emotive fault line in south africa. Diagnostic report on land reform in south africa commissioned report for high level panel on the assessment of key legislation and the acceleration of fundamental change, an initiative of the parliament of south africa institute for poverty, land and agrarian studies university of the western cape september 2016. Under section 2359 of the constitution of the republic of south africa, 1993 act no. South african acts are uniquely identified by the year of passage and an act number within that year. Procurement, infrastructure and knowledge management capacity development programme in south africa period 20182023 closing date. South africa is therefore not in a unique situation regarding the expropriation of land. The regulation of foreign land ownership in south africa rebosa. The white paper on south african land policy of 1997 favoured a marketbased approach, in which the concept of willing buyer, willing sellerwhich depended on voluntary market transactions, had become the cornerstone of policy. He made representations to the queen of england regarding the plight of the african people as a result of the dispossession of our land by european settlers. If the bill is passed, it will set up a commission to register agricultural land, restrict foreign land ownership and place limits on the size of individual agricultural land holdings in south africa.
Consequently women may not receive appropriate assistance. This view should be approached with circumspection, since the socioeconomic and cultural environment in which a particular legal system. South africa s investment conference 2018 south africa is the european unions only strategic partner in africa. Despite over two decades of intervention, land reform in south africa is failing 1. The expropriation bill, which intends to provide a way for the government to expropriate property for public purposes or in the public interest and to provide for a procedurally fair process for expropriation, and the regulation of agricultural land holdings bill, which aims to prohibit the sale of agricultural land to foreign persons and only. Land redistribution is not rightsbased, however, but applicationbased, and the key criterion is. Domestic resource mobilization and economic recovery in africa. The failure of land reform is attributed to an inappropriate logic of land reform 2, which we link to differences in how land is understood, giving rise to application of inappropriate theory for the context 3, 4. Mar 28, 2017 the bill introduces a land commission because people who own land in south africa must register with that land commission so that we know who owns south africa so that we can use that as a. Land that was deemed unfit for farming was sold to those who might want to timber and. South africa is already known internationally as a leader in budget transparency, after ranking first in the world in the 2017 open budget survey.
Land redistribution is clearly moving in contradictory directions. This emerged during thursdays state of the nation address sona, an annual address were the president addresses the nation and provides an assessment of the countrys. The table of state vs private land ownership is extracted directly fro. Department of agriculture explanatory memorandum adjustments estimate 19951996 28. Apr 21, 2016 south africa is considered lax when it comes to foreign land ownership. Land acquisition now constitutes a small share of the land reform capital budget. The outstanding 7 701 605 ha or 6% is unregistered trust state land in the eastern cape and limpopo at 5 545 156 ha. In south africa, the data the government made public was. Some acts have gone by more than one short title in the course of their existence. A basic guide to investing in property in south africa. Throughout subsaharan africa, land is a fundamental issue for economic development, food security and poverty reduction1. Agricultural policy of the republic of south africa 1984 m. Land holding bill, 2014 president jacob zuma announced the land holdings bill, a new proposed law that will prohibit foreign ownership of land in the country, in the state of the nation address on thursday, 12 february 2015.
Land is a critical factor for achieving redress for the. It entails sa tisfying that need for the landless to acquire land and have resources to sustain a livelihood. Land, law and traditional leadership in south africa. Several crops produced in south africa could be used to make biofuels. Read more at the sa governments online coronavirus portal or. Republic of south africa land and agricultural development bank bill as introduced in the national assembly as a section 75 bill. South africa classifies commercial farmers as those with more than 1,000 hectares of land. Pretoria the regulation of land holdings bill, which restricts foreign ownership of land, will be presented to cabinet for approval in the first semester of the year. Bill on commission for fresh produce markets memorandum 1970 6. William aiken 17791831, founder and president of the south carolina canal and rail road company.
This bill is an interesting political statement with noteworthy timing. Apr 07, 2017 the bill, if enacted in its present form, will have far reaching consequences on the agricultural sector, affecting all owners of agricultural land and in particular, foreign nationals and owners of agricultural land holdings determined to be in excess of ceilings for land ownership, which excess will be available for redistribution, with or without expropriation. European model of land ownership, in southern africa, those that culti. Bill feast, jonathan davids, toby mills and paul devries mining cadastre in africa lessons learnt promoting land administration and good governance 5th fig regional conference accra, ghana, march 811, 2006 28 mining cadastre in africa lessons learnt bill feast, jonathan davids and toby mills south africa and paul devries sweden 1. Constitutional provisions the constitution of the republic of south africa guarantees equal access to land for all the citizens. Regulation of land holdings bill moving fast to become law. Land expropriation bill to provide policy certainty. A new bill set to be fasttracked through parliament within a few months will no longer allow foreigners to buy property or land in south africa. Available money to buy land has declined even faster than the budget decline, as several other policies and programmes of the department are now being funded out of the land reform budget. Published by arena holdings and distributed with the financial mail on the last thursday of every month except december and january. Oct 12, 2020 johannesburg under pressure to conclude the keenly watched the land reform process, the interministerial committee on land reform says the tabling of the bill is a milestone. Group area legislation the political control of ownership and occupation of land, 1985 acta juridica 77.
Issued by bowman gilfillan africa group and edited by creamer media reporter there are currently no restrictions on the ownership of land by foreigners in south africa. If an individual owns land exceeding that limit, the government will buy the surplus land and redistribute it. New legislation to ban foreign nationals from owning land in. South africas agricultural land holdings bill law for all. Perspectives on land claims in south africa ohio university press, athens 2010 at 17. South african land systems is the communal nature of land holding, in which a. Bill of rights 11 of past racial discrimination, provided. Also, the government has been at pains to link the rationale of the bill to securing limited land for food security and fast. Africa and middle east, south africa on march 17, 2017, the minister for rural development and land reform published the regulation of agricultural land holdings bill inviting public comments. Browse our land for sale listings, view photos and contact an agent today. It marginally extended the total percentage of land in the south african union allocated by the natives land act of 19 to africans as reserves from 7% to. Nevertheless, according to the proposed regulation contained in the land holdings bill, foreign nationals will no longer be able to own certain types of land in south africa although they will be allowed to enter into longterm leases on all types of land. Dube was the first leader to respond to the enactment of the natives land act no. Nigerias runaway inflation means low treasury bill yields.
Highlevel panel report on the assessment of key legislation and the acceleration o. Land is of crucial importance to the economies and societies of the region, contributing a major share of gdp and employment in most countries, and constituting the main livelihood basis for a large portion of the population. An explanatory summary of the bill is hereby published in accordance with rule 2761c of the rules of the national assembly 9th edition. The department of rural development and land reforms has published the regulation of agricultural land holdings bill 2017 and the explanatory memorandum and is asking you to comment. The shares in a south african company can be held by a foreigner or an offshore entity. Regulation of agricultural land holdings bill explained. The deadline for submitting public comments was set as may 17, 2017. Bring about positive, permanent shifts in the quality of your life. The regulations of land holdings bill is one of a number of land reform bills that his government is trying to sign into law before the end of his term in. This also refers to aspects such as, property, possibly white owned businesses. Member of the executive council for health, gauteng provincial government v pn cct12420 20210401. It enshrines the rights of all people in our country and affirms the democratic values of human dignity. New bill proposes establishment of a land commission sanews. The madness of land expropriation without compensation.
This act introduced a labour tax for young african men who were. Land reform in south africa is the promise of land restitution to empower farm workers who now have the opportunity to become farmers and reduce inequality. Land claims and land restitution in south africa jacana, johannesburg 2008 at 34. Cliffe dekker hofmeyr regulation of agricultural land. The european decolonization of africa was strenuously resisted and delayed by thesl r co n ifu a a, with the result that south africa made the transition to democratic, nonracial government only in 1994. See also hall reconciling the past, present and future in walker et al eds land, memory, reconstruction, and justice. Mar 28, 2017 the bill introduces a land commission because people who own land in south africa must register with that land commission so that we know who owns south africa so that we can use that as a measure to determine the extent to which land is being redistributed in the country, he said. The land claims process has left many dissatisfied.
Agricultural holdings transvaal registration act 22 1919. It is believed to allow previously unemployed people to participate in the economy and better the countrys economic growth. African majority confined to just thirteen per cent of the territory known as native reserves, and later african homelands or bantustans. Dispossession of land in south africa predates the land act by several centuries. The timber and stone act of 1878 45th congress, sess.
House of representatives gnaeus julius agricola ad 4093, roman general. May 16, 2017 the owner of the redistribution agricultural land, irrespective of whether the owner is a foreigner or a citizen, must offer the land for sale first to black people as defined in the employment equity act no. Wilkinson and another v crawford no and others cct31518 20210219. Addressing shortcomings of land tenure reform in customary. South african land reform and the global development.
Questions hang over foreign ownership of sas agricultural land. In august 2018, the president of south africa proposed a bill that would allow the government to expropriate land without compensation and this bill has attracted the attention of both scholars of. Provided that if an estate was sequestrated or assigned before the commencement of this act the sequestration or assignment and all proceedings in connection therewith shall be completed, and a person whose estate was. Government finally explains how it plans to take land in. The deadline for commentary on the bill has been extended to 17 may 2017. Land expropriation without compensation spells economic. Land and agricultural bank of south west africa proclamation, no. Freedom under law v minister of social development and others cct4817 20210401.
The land commission is required to establish and maintain a register of private agricultural land holdings section 12. Taking a close look at agriculture in four countries of east africa is timely, especially given the countries rapid precrisis growth rates of 7. Republic of south africa regulation of agricultural land holdings bill as introduced in the national assembly proposed section 75. Land holdings bill to be presented to cabinet sanews. An agricultural law research article land reform for post. Every owner of private agricultural land holdings at the commencement of the bill will be required to lodge a. Land expropriation without compensation the loaded term which elicits varied fervent responses from the south african public will, once again, prove its sociopolitical impetus in 2019.
1638 868 516 1475 704 1228 1137 1555 364 1125 220 4 72 732 1091 554 1496 1233 999 386 669 306 1548 1520 292 162 1166 111 663 414 250 1665 509 1572 1347 1303