Land Matters and Rural Development:2024
DOI:
https://doi.org/10.25159/2522-6800/20945Keywords:
Land reform, redistribution, tenure reform, restitution, unlawful occupation of land and eviction, deeds and registries, land court, informal land rightsAbstract
The most important land-related developments in the course of 2024 are set out. In the report period much activity occurred within the legislative domain by way of formulating new measures on the one hand and amending and extending existing legislation, on the other. Interesting and important judgments were handed down, especially by the Supreme Court of Appeal, in relation to restitution. The urgent need for land for residential purposes, especially within urban and peri-urban areas, was again highlighted in unlawful occupation and eviction judgments. Tenure security in rural areas remains elusive, with continued eviction of rural dwellers from farm and rural land, with barriers to accessing communal land by women remaining prevalent. The note deals with redistribution, restitution and tenure reform developments in the land reform arena, coupled with developments providing for the operation of the Land Court, amendments with respect to deeds and registries and regulations dealing with Old Order Rights.
References
Commission for Gender Equality, Report Exploring Barriers to Women’s Access to Communal Land in Selected Provinces of South Africa (July 2024).
Du Plessis W and Pienaar JM, ‘Illegal Mining: The Continued Struggle for Mineral Resources, Communities and the Environment’ in Rautenbach C (ed) Festschrift for Tom Bennett (Juta 2018) 79–105.
Muller G, Brits R and Pienaar JM Boggenpoel ZT, Silberberg and Schoeman’s Law of Property (LexisNexis 2019).
Pienaar JM, Land Reform (Juta 2014).
Pienaar JM, ‘Living in the Shadow of Apartheid: The Continued Struggle for Tenure Security in the Former National States and Self-governing Territories’ in ZsaZsa T Boggenpoel (ed) Law, Justice and Transformation (LexisNexis 2021) 215–244.
Case Law
City of Cape Town v SA Human Rights Commission 2024 (5) SA 368 (SCA)
Chiti v Minister of Rural Development and Land Reform [2025] 1 All SA 1 (SCA)
Department of Land Affairs v Goedgelegen Tropical Farms (Pty) Ltd 2007 (6) SA 199 (CC)
Goedverwachting Farm (Pty) Ltd v Roux [2024] ZASCA 83 (31 May 2024)
Makhalini Womlabo Communal Property Association v Skhosana [2024] ZAMPMBHC 44 (4 July 2024)
Mashiyi v Qhayiso [2024] ZAECMHC 46 (18 June 2024)
Minister of Department of Rural Development and Land Reform v Bissett [2024] ZASCA 164 (2 December 2024)
Moladora Trust v Mereki [2024] ZASCA 37 (3 April 2024).
Moladora Trust v Mereki [2022] ZALCC 32 (11 November 2022)
Rahube v Rahube 2019 (2) SA 54 (CC)
South African Human Rights Commission v City of Cape Town 2022 (6) SA 508 (WCC)
Tongoane v National Minister for Agriculture and Land Affairs 2010 (6) SA 214 (CC)
Legislation
Communal Property Associations Act 28 of 1996.
Communal Property Associations Amendment Act 20 of 2018.
Deeds Registries Act 47 of 1937.
Deeds Registries Amendment Act 20 of 2024.
Electronic Deeds Registration Systems Act 19 of 2019.
Electronic Deeds Registration Systems Amendment Bill of 2024.
Extension of Security of Tenure Act 62 of 1997.
Extension of Security of Tenure Amendment Act 2 of 2018.
Interim Protection of Informal Land Rights Act 31 of 1996.
Land Court Act 6 of 2023.
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
Restitution of Land Rights Act 22 of 1994.
Upgrading of Land Tenure Rights Act 112 of 1991.
Government Gazettes
GG 51283 (27 September 2024) Proc 186.
GG 49372 (27 September 2023).
GG 50014 (19 January 2024) Proc R146.
GG 51363 (8 October 2024).
GG 51730 (10 December 2024).
GG 157911 (3 June 1994) Proc 103 of 1994.
GG 50539 (24 April 2024) GN 4748.
GG 50239 (29 February 2024) GN R4447.
GG 51687 (29 November 2024) GN R5599.