Cited by 46Land Rights and ReformsLegal Issues in South AfricaAfrican studies and sociopolitical issues

The DOI matches its Crossref record; 13 of the 13 references it cites were found in a registry or an index; none of the 71 sources its claims cite is checked for support yet.

The Historical Context of Land Reform in South Africa and Early Policies

Open access
Kloppers, HJ, Pienaar, GJ·2014·Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

Abstract

The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The application of these discriminatory laws and practices resulted in extreme inequalities in relation to land ownership and land use. This article provides an overview of the most prominent legislation which provides the framework for the policy of racially-based territorial segregation. It further discusses the legislative measures and policies which were instituted during the period from 1991 to 1997, aimed at abolishing racially-based laws and practices related to land and which eventually provided the basis to the current land reform programme.KEYWORDS: Land Reform; South African History; Land Reform Programme; Racial Discrimination; Land Ownership; Legislation; Racially Based Territorial Segregation; Historical Context.

Overview

AI snapshot

Written from the paper’s full text.

TL;DR

This article provides a historical-legal overview of the segregationist land laws that underpinned apartheid and the early post-1994 land reform policies adopted to address them. It argues that South Africa’s constitutional land reform programme has a strong historical justification but has achieved only limited success, with slow redistribution and widespread unproductive use of transferred agricultural land.

Key findings

  • The Natives Land Act 27 of 1913 formalised limitations on black land ownership and reserved an estimated 8% of South African land for black South Africans; the Native Trust and Land Act 18 of 1936 increased this to approximately 13%, confining 80% of the population to that area.
  • The Group Areas Acts of 1950 and 1966 enforced racial segregation in land ownership and occupation; between 1960 and 1983 approximately 3.5 million people were forcibly removed as a result of the Acts discussed.
  • Post-1994 land reform rests on three constitutional pillars: restitution, redistribution, and tenure security. The RDP set an ambitious target of transferring 30% of white-owned agricultural land to black South Africans by 2001, while the introduction notes a later target of 30% by 2014 and settlement of almost 80 000 claims by 2005.
  • The paper reports that less than 10% of the redistribution target has been achieved, more than 90% of agricultural land transferred under the programmes is not being used productively, and the annual land reform budget is less than 1% of the national budget.

Methods

  • Doctrinal and historical legal review, not an empirical study; no sample or statistical analysis is conducted.
  • The analysis draws on the Constitution, key statutes such as the Natives Land Act, Native Trust and Land Act, Group Areas Acts, and Abolition of Racially Based Land Measures Act, as well as case law, the RDP, the 1997 White Paper on Land Policy, and secondary literature.
  • The article narratively synthesises the legislative history of territorial segregation and the early post-apartheid policy framework for land reform.

Limitations

  • The paper states that it provides only a brief overview and “in no way attempts to provide an extensive historical background” to the discriminatory laws and practices related to land.
  • The paper states that it focuses on the main legislative framework and initial post-1994 policies, rather than offering a complete historical account.
  • Evident from the text: the article relies on secondary sources and legal/policy documents, presents no original empirical data, and does not systematically test the causes of land reform’s slow progress.

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Integrity signals

Registry

Crossref · 10.4314/pelj.v17i2.03

Cites

13 of 13 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Verification

Claims the paper makes

67 Not checked yet · 19 No basis given · 13 Own interpretation

Verify all 71 references — free account

Show all 31 claims

  • Probably not a substantial claim. 47
  • It may state two separate claims as one. 39
68 of 68
  • The paper relies on this without support.

    Enabling forced expropriations requires an amendment to the Constitution.

    “However, in order to enable forced expropriations an amendment to the Constitution will be required”
  • The paper relies on this without support.

    The major cause for the unproductive use of land is a lack of financial and institutional support from government to land reform beneficiaries.

    “In the most instances the major cause for the unproductive use of land is a lack of financial and institutional support from government to land reform beneficiaries.”
2 of 2

Claims other papers make about this one

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Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

Each contradiction between two passages listed here was confirmed by an independent check.

1 of 1

Citations

Cites

Research works printed but not linked: 11

  1. Borras 2006 Journal of Agrarian Change Borras SM "The Philippine Land Reform in Comparative Perspective: Some Conceptual and Methodological Implications" 2006 Journal of Agrarian Change 69-101
  2. Davenport 1987 Development Southern Africa Davenport T "Can sacred cows be culled? A historical review of land policy in South Africa, with some questions about the future" 1987 Development Southern Africa 388-400
  3. Feinberg 2009 Journal for Contemporary History
  4. Feinberg H "Black South African initiatives and the land: 1913-1948" 2009 Journal for Contemporary History 39-61
  5. Feinberg and Horn 2009 Journal of African History Feinberg H and Horn A "South African territorial segregation: New data on African farm purchases, 1913-1936" 2009 Journal of African History 41-60
  6. Hall 2004 Canadian Journal of African Studies Hall R "Land restitution in South Africa: Rights, development, and the restrained State" 2004 Canadian Journal of African Studies 654-671
  7. Kloppers Improving Land Reform Kloppers HJ Improving Land Reform Through CSR: A Legal Framework Analysis (LLD-thesis NWU 2012)
  8. Lahiff 2007 Third World Quarterly
  9. Lahiff, Borras and Kay 2007 Third World Quarterly
  10. Murray and Williams 1994 Review of African Political Economy Murray C and Williams G "Land and Freedom in South Africa" 1994 Review of African Political Economy 315-324
  11. Platzky and Walker Surplus People Platzky L and Walker C The Surplus People: Forced Removals in South Africa (Ravan Press Johannesburg 1985)

Metadata

Authors
Kloppers, H., & Pienaar, G.
Venue
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Published
2014-08-29
Volume
17
Issue
2
Pages
676
ISSN
1727-3781 (ISSN-L)
OpenAlex
W3124684330
Cited by
46
References
13
Citations by year
2026: 3 · 2025: 5 · 2024: 9 · 2023: 8 · 2022: 6 · 2021: 6 · 2020: 8 · 2015: 1
FWCI
0.47
Type
journal article
Language
nl
Open access
Licence
cc-by
Locations
  • Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad (publishedVersion, cc-by)
  • DOAJ (DOAJ: Directory of Open Access Journals) (submittedVersion, cc-by-sa)
Topics
  • Life Sciences › Agricultural and Biological Sciences › Soil Science › Land Rights and Reforms
  • Social Sciences › Law › Legal Issues in South Africa
  • Social Sciences › Sociology and Political Science › African studies and sociopolitical issues
Keywords
land reform, racial discrimination, land ownership, apartheid, South Africa

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