Eleanor Finch
South Africa's land question has been a topic of debate for over 30 years, with the country's land reform program failing to stimulate development in rural areas. The South African government has spent more than R60 billion on land reform projects since 1994, but a report by the country's Financial and Fiscal Commission shows that the program has not effectively created agricultural development and job creation. The debate centres on the disjuncture between the discourses of expropriation without compensation (EWC) and the property clause in the Constitution, which some argue retroactively legitimises colonial land alienation and apartheid dispossession. This think piece will examine the complexities of the land question and explore the potential paths forward towards a more equitable distribution of land ownership in South Africa.
| Characteristics | Values |
|---|---|
| Land reform | An attempt to abolish colonial forms of land ownership and to correct old wrongs |
| Apartheid dispossession | The 1913 Natives Land Act saw thousands of black families forcibly removed from their land by the apartheid government |
| Colonial land alienation | The introduction of a real estate market, common law concepts of ownership, property law, and contract |
| Constitutional reforms | Permitting the uncompensated seizure of private land |
| Land reform projects | The South African government has spent more than R60 billion on land reform projects since 1994 |
| Land reform failures | Around 50% of land reform projects have failed |
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What You'll Learn
The South African Constitution and the legitimisation of colonial land alienation
The South African Constitution has been at the centre of debates surrounding colonial land alienation and the country's "'land question". One perspective argues that the inclusion of the property clause in the Constitution retroactively legitimises colonial land theft and apartheid-era dispossession. This interpretation suggests that the only way forward is to amend the Constitution to allow for expropriation without compensation.
However, this viewpoint has been criticised for misrepresenting the Constitution's contents and failing to understand the actual barriers to land reform. The "land question" in South Africa is a complex issue that goes back more than a century to the 1913 Natives Land Act, which formalised a process of dispossession that began during colonial times. This Act severely restricted African land ownership and led to the mass relocation of black South Africans, disrupting their livelihoods and communities.
Colonialism introduced the concept of a real estate market, common law ownership, property law, and contract, transforming the traditional understanding of land as a transgenerational, socially-held asset. The colonial and apartheid governments used legal instruments such as legislation, resolutions, proclamations, and ordinances to legitimise systematic land dispossession and segregation.
South Africa's post-apartheid land reform efforts have faced challenges, with a reported failure rate of around 50% for land reform projects. The government has spent over R60 billion on these projects since 1994, but they have not effectively stimulated development in rural areas. Some critics argue that the underlying issues of racialised inequality, unfulfilled emancipation, and the legitimacy of the non-racial political settlement must be addressed directly to resolve the "land question".
In recent years, the South African government has taken steps towards land reform, including the 2017 announcement of plans to amend Section 25 of the Constitution regarding property rights to enable expropriation without compensation. However, the effectiveness and potential consequences of these reforms are still subject to debate.
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Apartheid dispossession and the 1913 Natives Land Act
The Natives Land Act of 1913, also known as the Black Land Act or Bantu Land Act, was a critical piece of legislation that entrenched racial segregation and dispossessed Black South Africans of their land. The Act prohibited Black South Africans from buying, renting, or owning land outside of designated reserves, which amounted to just 7-8% of South Africa's land and were less fertile than lands allocated for White owners. This Act was the culmination of a process of dispossession that had been underway since colonial times, with European colonists using tactics such as annexation, warfare, and land purchases to expand their territory at the expense of indigenous communities.
The Natives Land Act had a profound impact on the African population, uprooting thousands of Black families from their land and forcing them into poor homelands and poorly planned townships. This Act also restricted economic opportunities for Africans, closing off avenues of livelihood other than working for White farmers and industrialists. The Act was passed by the white minority government to address the ""Native question,"" which referred to the increasing presence of Africans in South Africa and the need to maintain White dominance.
The Natives Land Act served as the foundation for subsequent discriminatory legislation, including the Urban Areas Act (1923), Natives and Land Trust Act (1936), and the Group Areas Act (1950), which further entrenched segregation and dispossession. The legacy of this Act is still evident in post-Apartheid South Africa, with a significant proportion of land remaining in the ownership of White farmers.
The South African Constitution, in its current form, has been criticised for including a property clause that retroactively legitimises colonial land theft and apartheid dispossession. However, it is important to note that the Constitution also provides for land reform and the restitution of land to indigenous communities. The debate around land reform in South Africa centres on the question of belonging and the perpetuation of white privilege in a black republic. Addressing the underlying issues of racialised inequality and the contestable nature of political belonging in the post-colonial context is crucial to resolving the so-called ""land question.""
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Colonialism and the creation of a real estate market
The South African "land question" is a highly contested issue that has its roots in colonial land alienation. The 1913 Natives Land Act, which became law on June 19, 1913, is seen as apartheid's "original sin," as it limited African land ownership and led to the mass relocation of black people, effectively dispossessing them of their land. This act, along with subsequent laws and policies, contributed to the creation of a real estate market that favoured certain racial groups over others.
The Natives Land Act restricted black people from buying or occupying land, with African land ownership initially limited to 7% and later increased to 13% through the 1936 Native Trust and Land Act of South Africa. The apartheid government then began the forced relocation of black people to poorly planned townships and homelands, disrupting their ability to provide for themselves and their families. This dispossession and alienation of land rights had a profound impact on communities, affecting their fundamental human rights and sense of belonging.
The creation of a real estate market in South Africa was influenced by colonial policies and legislative frameworks that facilitated the transfer and commodification of land. The Property Valuation Act of 2014, for example, established the Office of the Valuer-General and regulated the valuation of property for land reform and acquisition. While the act aimed to address land reform, it also contributed to the monetisation and marketisation of land, aligning with the broader global trend of treating land as real estate.
The impact of colonialism and apartheid on the creation of a real estate market in South Africa is evident in the racialised inequality that persists today. Scholars such as Aileen Moreton-Robinson, Nicholas Blomley, and Sarah Keenan have analysed the ideologies, methods, and effects of dispossession in settler colonies. Keenan's work illustrates how the Torrens system in South Australia stripped Indigenous land of its title and reconstituted it as settler property, facilitating its liquidation and transformation into real estate. This shift from Indigenous land, with its complex social and cultural meanings, to a commodified value system generated profits for settlers and contributed to the creation of a real estate market.
The South African Constitution's property clause has been criticised for retroactively legitimising colonial land theft and apartheid dispossession. However, amending the Constitution to allow expropriation without compensation is a complex issue that requires addressing deep-seated inequalities and the contested nature of political belonging in the post-colonial context. While the "land question" remains unresolved, the debate highlights the need to confront issues of racialised inequality, emancipation, and the legitimacy of the constitutional and legal order.
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The failure of the redistribution policy
The South African land reform process focuses on three areas: restitution, land tenure reform, and land redistribution. Restitution, or the government compensating individuals who were forcefully removed from their land, has been largely unsuccessful. As a result, the policy has shifted to redistribution with secure land tenure. Redistribution is the most important component of land reform in South Africa.
One example of the failure of the redistribution policy is the case of a black farmer working on land taken from its previous white owner by the government. Despite this, the farmer did not own the land, which prevented him from using it as collateral to secure a loan from a bank. This highlights how the failure to deliver on land reform promises has made the ANC vulnerable to criticism from both the left and right, with the former pushing for rapid land returns and the latter focusing on business development and food security.
The ANC has faced challenges in addressing the country's historical, highly skewed distribution of land, which has been a source of inequality and social fragility. The government's intention to accelerate land reform within the constitutional framework and act in the best interest of the nation has been expressed, but the process has been slow and faced numerous obstacles.
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The future of land reform in South Africa
The South African government has spent more than R60 billion on land reform projects since 1994, but these projects have largely failed to stimulate development in rural areas. Most land reform farms show little to no agricultural activity, and beneficiaries tend to seek work on surrounding commercial farms rather than farm their own land.
In 2017, the ANC-led government announced its intention to amend the South African Constitution regarding property rights to allow for land expropriation without compensation (EWC). This decision was based on the recognition that the land was originally seized by whites without just compensation. While this move was widely supported within South Africa's ruling party, it also sparked concerns about the potential failure of the redistribution policy, as well as the possibility of repeating the issues seen in Zimbabwe's land reforms.
Moving forward, it is essential to address the underlying issues of racialised inequality and the contestable nature of political belonging in the post-colonial context. This includes recognising the symbolic and affective dimensions of the "land question" and engaging directly with these issues. Additionally, any future land reform efforts must take into account the unique characteristics of African indigenous land tenure, where land is held as a transgenerational asset and managed at different levels of the social organisational structure.
To ensure the success of future land reform in South Africa, it is crucial to learn from the failures of previous projects and address the underlying causes of inequality and dispossession. This may involve exploring alternative approaches, such as the framework of the commons, to secure indigenous land rights and promote agricultural development and job creation.
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Frequently asked questions
The South African 'land question' refers to the debate around land reform and the demand for the uncompensated return of land to its original owners. The land question is a result of the dispossession of land through the 1913 Natives Land Act, which saw thousands of black families forcibly removed from their land and restricted black people from buying or occupying land.
The South African government has attempted to address the 'land question' through land reform policies, which aim to redistribute land to those who were previously dispossessed. However, these policies have faced criticism for their failure to stimulate development in rural areas and provide adequate compensation to those who were forcibly removed from their land.
The South African Constitution does not explicitly legitimise colonial land alienation. However, some critics argue that the inclusion of the property clause in the Constitution retroactively legitimises colonial land theft and apartheid dispossession. There have been calls to amend the Constitution to allow for expropriation without compensation to address the injustices of the past.
