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Modern land rights for South Africa? The case for land reform

The state owns the land in the rural areas of the former homelands in South Africa. These areas cover only thirteen percent of the country but contain one-third of the population, most of whom are amongst the poorest. Will tenure reform benefit rural livelihoods, facilitate the provision of infrastructure and services, and boost economic development?

A major legacy of apartheid and an underlying cause underdevelopment is the current system of uncertain land tenure. Tenure reform alone, however, will not be enough to lift people from poverty. More broadly, argues this Overseas Development Institute report, land redistribution and tenure reform in the former homelands and South African Development Trust (SADT) areas will also have positive impacts on production and investment when accompanied by: access to inputs, credit, extension services and markets and when government takes other actions to stimulate investment.

Current legal uncertainty attached to land ownership in the former homelands is a constant source of rural conflict and poverty. It is the most serious disincentive to individual households, entrepreneurs and to government to invest in development. The proposed land rights legislation would confirm rights to land, clarifying who can make decisions and enjoy the fruits of investment in the land.

Research findings include:

It is estimated that the incremental operating costs of the proposed land rights legislation would level off at 108 million rand a year after personnel had been trained and the administrative systems had been put in place.
The above costs are far outweighed by the positive economic impacts calculated at at least 1,284 million rand a year.
The costs of not undertaking tenure reform include continued tension and instability in high conflict situations characterised by severe overcrowding and contested rights and claims.

Policy implications concerning land tenure reform measures include suggestions that:

People who occupy and use land in communal areas (where the state is registered as the owner) need to have the status of their informal rights legally confirmed and their established practices and procedures recognised and recorded.
Rights are best vested in the land users, who have a clear interest in utilising resources for their own benefit, rather than in institutions, which have often been hijacked by elites for personal gain.
Tenure reform needs to address the current administrative chaos in relation to land rights in communal areas. Responsibility for day-to-day management should be placed in the hands of local-level decision-making structures.
To avoid rights holders ending up on the receiving end of corruption and abuse, the provision of protection is important through access to the law and information on their rights.
Women constitute the majority of economically active producers in rural areas and therefore, measures to strengthen women’s access to land are crucial for economic development as well as for human rights.
Tenure reform must provide for rights holders to make new tenure rules or to modify existing rules when new economic opportunities arise.

Source(s):
‘Land Tenure and Economic Development in Rural South Africa: Constraints and Opportunities’ ODI Working Paper #125 by M. Adams, B. Cousins and S. Manona (1999) Full document.
‘Livestock Production and Common Property Struggles in South Africa’s agrarian reform’, Journal of Peasant Studies 23, pp. 166-208, by B. Cousins (1996)

Funded by: Various

id21 Research Highlight: 9 February 2001

Further Information:
Martin Adams
Department of Land Affairs
Private bag 833
Pretoria 0001
South Africa

Contact the contributor: m.adams@mweb.co.za

Contact the contributor: mokoro@compuserve.com

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