Land Matters and Rural Development: 2020

Authors

  • Juanita Pienaar Stellenbosch University
  • Willemien Du Plessis Faculty of Law, North-West University http://orcid.org/0000-0002-0907-5063
  • Ebrezia Johnson Stellenbosch University

DOI:

https://doi.org/10.25159/2522-6800/10469

Keywords:

Land reform, redistribution, tenure reform, restitution, Khoi-San and African customary law, land rights, unlawful occupation of land and eviction, access to housing

Abstract

Covid-19 had a profound impact on South Africa, not only in relation to its health system but also in relation to matters such as access to land and adequate housing. This note discusses, amongst other, the case law focusing on evictions and housing reported during 2020. The note also indicates that restitution remains a complex matter that is not going to be resolved soon. The proposed 2020 amendments to the Constitution of the Republic of South Africa, 1996 and the proposed Expropriation Bill are further analysed. The proposed amendment legislation in relation to upgrading of land rights to give effect to Constitutional Court decisions is referred to. This note includes the most important 2020 land reform developments pertaining to section 25 of the Constitution and expropriation, land restitution, land reform legislation, unlawful occupation, housing, deeds, sectional titles land redistribution and rural development.

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Author Biography

Ebrezia Johnson, Stellenbosch University

Lecturer, Faculty of Law

References

Anon, ‘Land Reform: Half of Farms not Productive, Admits Minister’ (Legalbrief, 20 January 2021).

Harper P, ‘Parliament Deals Blow to Ingonyama Trust Board’ (Mail & Guardian, 29 May 2021) <https://mg.co.za/coronavirus-essentials/2020-05-29-parliament-deals-blow-to-ingonyama-trust-board/> accessed 30 August 2021.

Kotzé T and Pienaar JM, ‘Reconceptualising Redistribution of Land in South Africa: a Possible Legal Framework Going Forward’ (2021) South African Law Journal <https://doi.org/10.47348/SALJ/v138/i2a3> DOI: https://doi.org/10.47348/SALJ/v138/i2a3

Pienaar JM, Du Plessis W and Johnson E, ‘Land Matters and Rural Development: 2019’ (2020) 35(1) Southern African Public Law <https://doi.org/10.25159/2522-6800/7389> DOI: https://doi.org/10.25159/2522-6800/7389

Stent J, ‘District Six: This Time the Bulldozers are There to Build Houses’ (GroundUp, 24 July 2020) <https://www.groundup.org.za/article/district-six-time-bulldozers-are-there-build-houses/> accessed 30 August 2021.

Stoddard E, ‘SA Government Makes Almost 900 Farms Available for Emerging Farmers’ (Daily Maverick, 2 October 2020) <https://www.dailymaverick.co.za/article/2020-10-02-sa-government-makes-almost-900-farms-available-for-emerging-farmers/> accessed 30 August 2021.

Yeld J, ‘Almost a Century Later, Land Claimants Get Back Thousands of Hectares of Farm Land and Vineyards’ (GroundUp, 27 October 2021) <https://www.groundup.org.za/article/almost-century-later-land-claimants-get-thousands-hectares-farm-land-back-and-big-vineyards/> accessed 30 August 2021.

Published

2022-02-22

How to Cite

Pienaar, Juanita M, Willemien Du Plessis, and Ebrezia Johnson. 2021. “Land Matters and Rural Development: 2020”. Southern African Public Law 36 (2):21 pages. https://doi.org/10.25159/2522-6800/10469.

Issue

Section

Commentary