Both International law and domestic legislation protect and grant equal access to land to everyone. However, the right to access land equally does not necessarily grant people particularly historically disadvantaged people total redressal of previous injustices. Hence it is of paramount importance that the right to access land be actualised by also providing necessary support to actualise the benefits that are associated with land. Thus, there is a need for land reform legislation to take measures that will assist land reform beneficiaries to use their land productively and alleviate poverty. The right to access land equally has been extended to all people including the historical disadvantaged people. According to the internal instruments discussed above indigenous people have a right to access, live, own and use their territories, and that is land that was previously dispossessed from its original owners. However, access to land is not only limited to indigenous people but it is extended to all people to use and enjoy. Although focus is mainly on previously dispossessed people in an attempt to remedy the previous injustices and place the historical disadvantaged people at par with the white minority. Land is associated with peoples’ livelihood including realisation of socio-economic rights. Thus, access to land coupled with comprehensive post- settlement support services grants speedy delivery of socio-economic rights. Furthermore, this chapter shows that not only the people’s livelihood is depended on land, but also developmental activities are reliant on access to land. Moreover, the need to develop land
is closely associated with improving the livelihoods of people. Hence productively utilising land by developing it, will consequently improve the livelihoods of people living in rural areas, particularly where there are few developments. Moreover, access of other necessities of life will also be improved, necessities such as adequate housing and health institutions.
Therefore, it is of paramount importance that land reform programme should prioritise productive use of redistributed land in as much as it prioritises restoring land to the previously dispossessed people. It is of no benefit to redistribute land and fail to ensure that redistributed land is used productively and positively impact the lives of beneficiaries and alleviate poverty. The redressal of land dispossession to poor Black people is much more than land restoration but it includes redressal of both social and economic status of black people. Hence the need to ensure that land redistribution is not only limited to availing land to black people, but it presents developmental opportunities to use land productively and generate income to fend for their families. Land reform program can both restore land and eradicate poverty amongst historically dispossessed people through encouragement of developmental projects on redistributed land.
The UDHR and the Constitution provides that everyone has a right to own land, however ownership of land without any developments does not grant the landowner access to necessities of life and thus basic human rights. Although the right to land can be protected but it would be of no benefit to the owners if it is not utilised productively. Hence the need to both grant access and comprehensive support to ensure that the land made available to people particularly the historically disadvantaged people makes a positive impact in their lives. UNDRIP protects the rights of indigenous people to live, own and use their territories, however without adequate post-settlement support services same cannot be achieved.
Therefore, the need for recognition, protection and promotion of fundamental human rights would not be actualised. Due to failure to prioritise productive use of land made available. It is important to note that basic human rights are closely associated with availability of land, however realisation thereof lies with the use of the availed land. Therefore, it is of no benefit to previously disadvantaged people to gain land and not be assisted to gain access to basic human rights such as food, shelter and clean water. Basic human rights are necessities of life that promote a dignified life for all people. Therefore, protection and availing of land to historically disadvantaged people should be weighed with a need to restore dignity and respect to black people, by availing comprehensive post-settlement support services that will ensure delivery of basic human rights through productive use of land.
Land reform is a very difficult and complicated issue particularly in South Africa, the country did not only experience land dispossession but also political oppression that led to many deaths of black people. In this regard, land reform in the South African context cannot be address without having address the political struggle of black South Africans. Black people did not have political recognition and as a result they were treated unfairly even the laws that were enacted only favoured whites and oppressed black people. Despite the knowledge of international legislation on issues of equality and property, land included the apartheid government proceeded with unjust laws and oppressed Black people denying them rights to own land. Consequently, Black people lost their land to whites and lived in overcrowded areas which were not arable.
Blacks were subjected to poverty-stricken lifestyles where they could not till the ground and farm to feed their families. Democratic government of South Africa seeks to redress the previous injustices and inequality by redistributing land to historically dispossessed people.
However, the land reform system has not yet met the expected outcome of redistributing land to black South Africans and consequently alleviate poverty amongst black people. This could be owing to a number of reasons, one being failure to advance adequate support services to land reform beneficiaries to aid them to utilise land productively. Or poor implementation of laws and policies advocating for productive use of land and sustainable development in South Africa. According to the international instruments discussed above, right to access to land is not a conclusive solution to redress historical injustices. There is a need to ensure that the right to land does not only provide property to people, but it also fosters realisation of basic human rights through the utilisation of land productively. It is also important to note that poverty alleviation is directly linked to availability or access of land.
However, realisation thereof relies on the productive use of the land, therefore in order to afford basic human rights to land reform beneficiaries, the state needs to provide land reform beneficiaries with a comprehensive post-settlement support services that will enable land reform beneficiaries to use their land productively. Land reform is recognised internationally as the tool to bring about change in the livelihoods of the historically disadvantaged people.
By affording Black people an opportunity to farm productively and participate in agricultural market. And further advocate for provision of resources to aid in utilise their redistributed land productively.
CHAPTER THREE
INTERNATIONAL INSTITUTIONS SUPPORTING LAND FOR DEVELOPMENT