CHAPTER 3: LAND REFORM PROJECTS REVIEW
3.2. Background History
The land debate is an emotional and sensitive issue to tackle with a vast group of stakeholders with divergent interests in the same piece of land. The matter is more critical now than ever before as stakes are high and impact on South Africa’s international profile as there are conflicting messages on how to manage and transfer land going forward.
The land was registered under different systems. Generally, it was Africans who lost the land they treasured. During the 21st century, the majority of Africans expect the land programmes introduced by the government to assist them to address this matter. According to Mathis (2007), ‘During the last century and a half in southern KwaZulu-Natal, two different systems of land tenure have been enforced by the state. One centred on private property, while the other created a trust, under which land was held by ‘tribal’ groups and customary leaders controlled its distribution. These tenure systems emerged out of the system of indirect rule established during the second half of the nineteenth century in colonial Natal’.
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The land debate and crisis has been experienced by many countries across the world. What makes matters worse in South Africa is that people (i.e. the majority) were removed by the government (i.e.
the minority) to create town and industrial development of the then Pretoria-Witwatersrand- Vereening, for example, in Gauteng Province (the then Transvaal). Another complication arose from tribal wars between African nations that also displaced communities across South Africa, as is the case observed in this research.
According to Welsh (1971), ‘As early as 1846, a few years after the annexation of Natal by Britain,
‘locations’ or ‘reserves’ for Africans were first established in the Natal colony. These reserves were administered by customary leaders who were either appointed by the colonial state, or incorporated into the state as administrators’.
The traditional authorities managed land in different formats across the country. In the then Transvaal, most of the tribal land was registered in community trusts. That makes the process of restitution much easier than where the land was registered as state land where communities have been living since time immemorial. In KwaZulu-Natal in particular, most of the land in rural areas is registered under the Ingonyama Trust managed under the Ingonyama Trust Act by His Majesty King Goodwill Zwelithini, who is the custodian on behalf of the Zulu nation.
According to Etherington (1989), ‘When the reserves were initially established, only a third to a half of the Africans who inhabited tribal land where under the jurisdiction of hereditary customary leaders. As a result, the colonial government had a policy of grouping people together to create
‘tribes’ and appointing a ‘chief’ over them from among those loyal to the state. This division of African residents into tribes was reinforced by policies such as collective responsibility for crimes and allowing customary leaders considerable power to create and enforce laws in their areas of jurisdiction.
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The land question has been central to the South Africa political debate for a considerable time and was included as one of the central issues of the liberation movements to organize themselves to fight for the return of the land to the majority of Africans.
According to Hughes (2011), “There are only one million of you and there are about six millions of us;
and one million of you have three fourths of the land, and six millions of us have one fourth of the land. That is not fair…. In asking (for more land) I do not think we are a sking for charity; we have contributed to the development of South Africa with our labour… we have done our share in that respect, and in the matter of taxation, both direct and indirect”.
“The legacy of apartheid is perhaps most visible in agriculture. The post-apartheid government inherited a highly unequal land ownership structure, created by legislation in the early 20th century and reinforced by apartheid, which attempted to cram 75% of the population on to 13% of the land.
Land reform is therefore an important policy issue, and one that has become increasingly pressing since the government sponsored land invasions that have taken place in Zimbabwe. In September the Minister of Agriculture and Land Affairs published black economic empowerment (BEE) targets for the ownership and control of land. The aim is to redistribute 30% of white-owned farmland to blacks by 2015 and to transfer a further 20% through leases, also by that date. Moreover, current transfer rates suggest that the targets cannot be achieved; less than 1% of the 1994 targets have been met. There are some concerns that the programme will unduly raise the expectations of those seeking to possess land, and also undermine investor confidence and farmer morale” (CP, 2004).
“A report by an international think-tank, the International Crisis Group, recently warned that South Africa risks increased rural violence if it does not push forward with land and agriculture reform. The organization claims that international donor support needs to be made available if targets of land redistribution are to be achieved and a Zimbabwe type outcome avoided. The report further claims that only 3% of agricultural land has so far been transferred to black ownership” (CP, 2004).
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The following are Legislative Acts which affected the land that were passed by the South African government in different phases prior to democracy:
Irrigation and Conservation of Water Act 12 of 1912 The Natives’ Land Act of 1913
Deeds Registration Act 47 of 1937 Black Authorities Act 68 of 1951
Kimberly Leasehold Conversion to Freehold Act 40 of 1961 State Land Disposal Act 48 of 1961
Removal of Restrictions Act 84 of 1967
Professional and Technical Surveyor’s Act 40 of 1984 Sectional Titles Act 95 of 1986
The Acts below have been passed by the South Africa Parliament post-democracy:
Abolition of Racially Based Land Measures Act 108 of 1991 Upgrading of Land Tenure Rights Act 112 of 1991
Physical Planning Act 125 of 1991 Restitution of Land Rights Act 22 0f 1994 Land Administration Act 2 of 1995 Development Facilitation Act 67 of 1995
Abolition of Racially Based Land Measures Act 108 of 1991 Land Titles Adjustment Act 111 of 1993
Distribution and Transfer of Certain State Land Act 119 of 1993 Communal Property Association Act 28 of 1996
Interim Protection of Informal Land Rights Act 31 of 1996 Land Survey Act 8 of 1997
Extension of Security of Tenure Act 62 of 1997 Transformation of Certain Rural Areas Act 94 of 1998 Abolition of Certain Title Conditions Act 43 of 1999 Restitution of Land Rights Act Amendment Act 48 of 2003 Spatial Data Infrastructure Act 54 of 2003
Communal Land Rights Act 11 of 2004
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It is clear that more Acts have been passed since 1994 to address the imbalances and racial discrimination of the African majority to acquire and manage land in South Africa. See Annexure E for the Restitution of Land Rights Act 22 of 1994. There are other Acts which emanate from other government departments which have a bearing on the new land beneficiaries such as the National Water Act, National Forests Fire & Veld Act, and Mineral Act etc.