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Author: Akomaye Yanou
Publisher: African Books Collective
ISBN: 9956715875
Category : Law
Languages : en
Pages : 143
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Book 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.
Author: Akomaye Yanou
Publisher: African Books Collective
ISBN: 9956715875
Category : Law
Languages : en
Pages : 143
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Book 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.
Author: Lungisile Ntsebeza
Publisher: HSRC Press
ISBN: 9780796921635
Category : History
Languages : en
Pages : 268
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Book Description
Publisher description
Author: Fred; Ntsebeza Hendricks, Lungisile; Helliker Kirk
Publisher: Jacana Media
ISBN: 1431408182
Category :
Languages : en
Pages : 552
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Book Description
The starting point for this book is that the current land reform policies in the country fail to take this colonial context of division and exclusion into account. As a result, there is an abiding land crisis in South Africa. The book examines the many dimensions of this crisis in urban areas, commercial farming areas and communal areas. It argues for a fundamental change in approach to move beyond the impasse in both policy and thinking about land. Of particular importance is that social movements have a critical role to play in charting a new course, both in respect of access to land and in influencing broader policy options. Struggles from below are crucial for rethinking purely statist efforts at land reform and the book grapples with the interplay between oppositional campaigns of social movements and the state’s policies and responses. Essentially, the book argues that in South Africa the 1994 transition from apartheid to democracy has not translated into a process of decolonisation. In fact, the very bases of colonialism and apartheid remain intact, since racial inequalities in both access to and ownership of land continue today. With state-driven attempts at land reform having failed to meet even their own targets, a fundamental change in approach is necessary for South Africa to move beyond the deadlock that prevails between the objectives of the policy, and the means for realising them. It is also necessary to question the targets set for land redistribution: Will these really assist in changes for the majority?
Author: V. Warikandwa
Publisher: African Books Collective
ISBN: 9956763470
Category : LAW
Languages : en
Pages : 575
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Book Description
One of the fundamental challenges in deconstructing, rethinking and remaking the world from a Pan African vantage point is that some captives have tended to delight in the warmth of the [imperial] predators mouth. In other words, some captives forget that the imperial predators mouth gets warm because empire is eating and heating up from prey on the continent. (De-)Militarisation, Transnational Land Grabs and Restitution in an Age of the New Scramble for Africa: A Pan African Socio-Legal Perspective is a book that knocks on key aspects relating to land, militarisation, a PostAfrican World Order and a chaotic Post-God World Order, which require critical scholarly and policy attention in the quest to free Africa from centuries-old imperial depredations. The book carefully navigates the imperial entrapments which are designed to focus African attention only on decolonising African minds without also engaging in the [imperially more unsettling] decolonisation of African materialities.
Author: James L. Gibson
Publisher: Cambridge University Press
ISBN: 0521517885
Category : History
Languages : en
Pages : 329
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Book Description
This book investigates the judgements South Africans make about the fairness of their country's past, focusing on historical land dispossessions.
Author: Erasmus Masitera
Publisher: Springer Nature
ISBN: 3030497054
Category : Philosophy
Languages : en
Pages : 341
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Book Description
This edited collection explores a variety of philosophical perspectives on land reform in Southern Africa. Presenting an innovative focus on the philosophical themes in land reform, the contributors reflect on traditional African conceptualisations of the land, as well as Western interpretations, introducing specifically Southern African approaches to a wide range of debates. Rooted in questions of colonization and decolonization, the chapters examine what reform ought to do for the people of Africa, providing contemporary reflections on the different racial and cultural facets of the land. Notably, ideas of reconciliation, compensation, justice, development, emancipation, Ubuntu, and empowerment are explored. Vigorous and interdisciplinary in their approach, the fifteen original chapters tackle a range of questions such as: What does land mean in Africa? What ethical considerations are relevant? Which mechanisms should be used in addressing injustice regarding land reform and redistribution? Providing a comprehensive engagement with philosophical and political issues of land reform in Southern Africa, this volume is an invaluable resource to scholars, not only in Africa, but wherever similar questions of land, dispossession, and justice arise.
Author: Cherryl Walker
Publisher: Ohio University Press
ISBN: 0821443542
Category : Social Science
Languages : en
Pages : 350
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Book Description
Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice. A valuable contribution to the field of land and agrarian studies, both in South Africa and internationally, it is undoubtedly the most comprehensive treatment to date of South Africa’s postapartheid land claims process and will be essential reading for scholars and students of land reform for years to come.
Author: Fred T. Hendricks
Publisher:
ISBN: 9781431408160
Category : Agriculture
Languages : en
Pages : 366
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Book Description
A century after the 1913 Natives' Land Act, there remains a land crisis in South Africa. How are we to understand the many dimensions of this crisis so that we can realistically move beyond the current inertia? The starting point for this book is that the current land reform policies in the country fail to take this colonial context of division and exclusion into account. This book examines the many dimensions of this crisis in urban areas, commercial farming areas and communal areas.
Author: Bernadette Atuahene
Publisher:
ISBN: 0198714637
Category : Law
Languages : en
Pages : 207
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Book Description
Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want What's Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.
Author: Tembeka Ngcukaitobi
Publisher: Penguin Random House South Africa
ISBN: 1776095979
Category : Political Science
Languages : en
Pages : 328
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Book Description
Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
