Œuvrer au service de ces engagements
Using the justice system to promote best practice in South Africa
21 mars 2018En savoir plus
1. Committed to monitor land governance by using LANDex tool
26 delegates from civil societies, academia, the private sector and government completed their LANDex training. The training allowed them to understand how the land monitoring tool has been used successfully in other countries such as Colombia, Nepal and Senegal. Paticipants learned how to use LANDex and agreed to adapt the land monitoring tool to South Africa's context.
2. give grassroots communities more influence on land policy through new LandNNES platform
In 2018, the new platform Land Network National Engagement Strategy in South Africa (LandNNES), supported members and their grassroots level communities to attend public hearings held by the President’s Advisory Panel on Land and Agriculture. As a result, LandNNES members were included on discussion panels to debate the need to review the country’s Redistribution policy. LandNNES members interacted with a range of Government Departments and Ministers. They were also given an opportunity to critique proposals for urban and rural tenure and the need for an overarching Land Governance policy as well as an integrated land administration system. The occasion allowed LandNNES to promote its credibility and work within a diverse policy environment consisting of government, private entities and civil society oprganisations.
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Land Rights in South Africa
Following over two centuries of land dispossession in South Africa, based primarily on race, in 1994 the democratic state inherited a land governance framework that excluded the large majority of South Africans, through a largely “dual” land tenure framework.
The first democratic government clearly articulated a vision for pro-poor land reform aimed at redressing dispossession and creating more equitable land distribution, amongst other objectives, and the new Constitution extends and protects land and property rights, and allows for the expropriation of land. Sections 25(5), (6), (7) and (9) guarantee
- equitable access to land through redistribution; and
- restitution to those whose rights were historically dispossessed as a result of racial discrimination.
Implementation however has not been equal and South Africa now has a complex, confusing and increasingly incoherent legislative and policy framework regarding land.