Dispossession and Access to Land in South Africa. An African Perspective
143 Pages
English
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Dispossession and Access to Land in South Africa. An African Perspective

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143 Pages
English

Description

This book deals with the conceptualization of access to land by the dispossessed in South Africa as a human right. Yanou examines the country's property model in the context of the post apartheid constitutional mandate to redress the skewed land distribution of the past. The book reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. It also reviews the phenomenon of land invasion and quality of access to land enjoyed by the South African black woman under the present dispensation. Yanou argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. In a South Africa that lost most of its ancestral land during colonialism and apartheid, access to land for the dispossessed should not be equated with the protection of property acquired under apartheid. Getting it right would entail truth and reconciliation with the collective dispossession suffered by South African blacks.

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Published 15 March 2009
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EAN13 9789956715879
Language English
Document size 3 MB

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Exrait

Dispossession and Access to Land in South Africa: An African Perspective
Michael A. Yanou
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Micha el A. Ya nou Dispossession and Access to Land in S outh A frica: an African Perspevctive
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Dispossession and Access to Land in South Africa an African perspective
Michael A. Yanou
LangaaResearch & Publishing CIG Mankon, Bamenda
Publisher: LangaaRPCIG (LangaaResearch & Publishing Common Initiative Group) P.O. Box 902 Mankon Bamenda North West Province Cameroon Langaagrp@gmail.com www.langaapublisher.com
Distributed outside N. America by African Books Collective orders@africanbookscollective.com www.africanbookscollective.com
Distributed in N. America by Michigan State University Press msupress@msu.edu www.msupress.msu.edu
DISCLAIMER
ISBN:9956-558-76-1
© Michael A. Yanou 2009 First published 2009
All views expressed in this publication are those of the author and do not necessarily reflect the views of Langaa RPCIG.
Acknowledgement his book is a revised version of my PhD thesis in law submitted to couTrse of my studies at Rhodes and its revision into a book. I must first the Law Faculty at Rhodes University, Grahamstown, South Africa. I received valuable assistance from many sources in the express my gratitude to God for sustaining me during my time at Rhodes and at Cambridge University, UK where part of the writing was done as a visiting research fellow at the Centre of African Studies. I am indebted to my supervisor Prof. Richman B Mqeke at Rhodes University for encouraging me to develop an interest in research into the conceptualization of access to land in South Africa as a human right. In addition to his professionalism while supervising this study, his humane approach put me in good stead to complete this work in record time. I am equally grateful to Prof. Francis Nyamnjoh of CODESRIA in Dakar for his valuable assistance during the revision of my thesis into a book. Similarly, I should also thank the anonymous reviewer whose observations and insightful suggestions helped to significantly improve the quality of the book. Special thanks go to the Centre of African Studies, Cambridge University for offering me a generous fellowship to do research that gave me the opportunity to access the university’s excellent facilities, meet accomplished scholars and share in the institution’s tradition of excellence. And at a personal level, I must mention the key contribution of my immediate family to the completion of this book. It is thanks to the commitment of my wife Nicol Musi Yanou that I succeeded in completing the study. Apart from her unceasing emotional support, she typed and formatted the entire work. I wish to thank her for the sacrifices she and my children Michael Lobga Yanou, David Tchami Yanou and Dani Yanou endured during my often-long absences from them that were necessitated by the demands of my research.
Table of Contents
Preface
Chapter One Land: history and pespectives
Chapter Two Land Dispossession
Chapter Three Land rights as human rights
Chapter Four The constitutional property clause property in the interim constitution
Chapter Five Accessing land in post-apartheid South Africa
Chapter Six Compensation
Chapter Seven Land redistribution
Chapter Eight Conclusion and recommendation
Bibliography
Notes
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Preface new book on land law in the new constitutional dispensation in South Africa from an African perspective is to be welcomed. The ADr Yanou has based his book on material submitted for his doctoral book consists of 8 chapters and is 140 pages in length. thesis at Rhodes University in 2005 entitledAccess to Land as a Human Right:The Payment of Just and Equitable Compensation for Dispossessed land in South Africa. Yanou traces the notion of dispossession from the Frontier Wars of th the 19 Century in the Eastern Cape in which the Chiefs who participated lost not only their chieftainships but also large tracts of ancestral land. This was followed by dispossession that occurred during the apartheid era of land removals, particularly as a result of the notorious Land Act of 1913. He also discusses various land tenure reform legislation. Yanou argues that, in a country like South Africa that lost most of its ancestral land during colonialism and apartheid, access to land for the dispossessed should not be equated with the protection of property acquired under apartheid. He also touches on the controversial issue of aboriginal title in the light of case law. On this topic the reader should also see the following: G Pienaar “Aboriginal Title ofIndigenous Ownership: What is in a Name? (2)” 2006 THRHRI; T.W Bennett & C.H. Powell “Restoring Land:The Claims of Aboriginal Title, Customary Law and the Right to Culture2005 Stellenbosch Law Review 431. Yanou covers in detail the controversial question of compensation. I believe that no “last word” has yet been written on the issue. See also A.J. van der Walt “Reconciling the State’s Duties to Promote Land Reform and to Pay ‘Just and Equitable’ Compensation for Expropriation” (2006) 123 SALJ 23. The book reviews diverse issues related to the phenomena of dispossession such as the notion of land invasions, which have been a subject of protracted litigation in post-apartheid South Africa, women’s access to land and theBheCase. This well-written book covers case law up to 2005 and should be commended for being so thoroughly researched.
Professor R B Mqeke Faculty of Law Rhodes University, Grahamstown, South Africa
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