In 1994, following over two centuries of land dispossession based primarily on race, the first democratic South African government inherited a land governance framework that excluded the large majority of South Africans through a largely “dual” land tenure framework, where customary land tenure practices coexisted alongside formal legislative frameworks.

At the time, the government clearly articulated a vision for pro-poor land reform aimed at redressing dispossession and creating more equitable land distribution. A 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 of the constitution's rights, however, has not been equal. South Africa now has a complex, confusing, and increasingly incoherent legislative and policy framework regarding land.