The South African redistribution imperative: incongruities in theory and practice
Open accessAbstract
It has partly been assumed that the constitutional obligation to pay compensation for expropriations is to blame for the slow pace at which land has been redistributed in South Africa. However, this assumption requires careful analysis and reflection, with reference to the imperfections of the policies and laws that set out to address landlessness, as well as the underlying theoretical approach to economic justice. This article questions the purpose for which land reform beneficiaries acquire land, with reference to the role that property should ideally fulfil for the landless. The article makes a number of observations to cast light on why the redistribution of land has been alarmingly slow, where inconsistencies and loopholes exist in the programme, and whether expropriations for nil compensation will make any difference in remedying existing failures in the redistribution programme.
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Internal and international pressures create tensions between equity and investment imperatives in South Africa's land redistribution policy.
“Viljoen (2021) observes that internal and international pressures create tensions between equity and investment imperatives”
From Over three decades of land distribution in South Africa: a review of progress, challenges and prospects (2026) · cites this paper as Viljoen, 2021
The transformative potential of land reform depends on integration of land reform with broader economic, social, and spatial development strategies.
“The transformative potential of land reform depends on three interlinked factors: robust institutional capacity to enforce, monitor, and support allocations; targeted empowerment of women, youth, and marginalised communities; and integration of land reform with broader economic, social, and spatial development strategies (Viljoen, 2021;”
From Over three decades of land distribution in South Africa: a review of progress, challenges and prospects (2026) · cites this paper as Viljoen, 2021
The transformative potential of land reform depends on robust institutional capacity to enforce, monitor, and support allocations.
“The transformative potential of land reform depends on three interlinked factors: robust institutional capacity to enforce, monitor, and support allocations; targeted empowerment of women, youth, and marginalised communities; and integration of land reform with broader economic, social, and spatial development strategies (Viljoen, 2021;”
From Over three decades of land distribution in South Africa: a review of progress, challenges and prospects (2026) · cites this paper as Viljoen, 2021
The transformative potential of land reform depends on targeted empowerment of women, youth, and marginalised communities.
“The transformative potential of land reform depends on three interlinked factors: robust institutional capacity to enforce, monitor, and support allocations; targeted empowerment of women, youth, and marginalised communities; and integration of land reform with broader economic, social, and spatial development strategies (Viljoen, 2021;”
From Over three decades of land distribution in South Africa: a review of progress, challenges and prospects (2026) · cites this paper as Viljoen, 2021
Cited by
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Paradza, P., & Zulch, B. G. (2026) · Frontiers in Sustainable Food Systems · doi:10.3389/fsufs.2026.1748906 · Cited by 1 · see citing works
- Authors
- Viljoen, S.-M.
- Affiliations
- University of the Western Cape (ZA)
- Corresponding author
- Viljoen, Sue-Mari
- ORCID
- Viljoen, Sue-Mari
- Venue
- Journal of African Law
- Publisher
- Cambridge University Press (CUP)
- Published
- 2021-04-23
- Volume
- 65
- Issue
- 3
- Pages
- 403-429
- ISSN
- 0021-8553 (ISSN-L)
- 1464-3731
- OpenAlex
- W3169015776
- Cited by
- 2
- References
- 0
- Citations by year
- 2026: 1 · 2024: 1
- FWCI
- 0.15
- Type
- journal article
- Language
- en
- Open access
- hybrid
- doi.org
- Locations
- Journal of African Law (publishedVersion, cc-by)
- UWC Research Repository (University of the Western Cape) (submittedVersion)
- Topics
- Life Sciences › Agricultural and Biological Sciences › Soil Science › Land Rights and Reforms
- Social Sciences › Law › Property Rights and Legal Doctrine
- Social Sciences › Law › Legal Issues in South Africa
- Keywords
- land redistribution, land reform, expropriation, compensation for expropriation, landlessness, economic justice, property rights, land reform beneficiaries, South Africa
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