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Author: D. L. Carey Miller
Publisher: Juta
ISBN:
Category : History
Languages : en
Pages : 728
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Book Description
"This important new work is the first comprehensive survey of South African land law following the sweeping land reforms enacted during the past decade. It considers the substance and working of these reforms in the context of the pre-existing common law and legislation. An outline of the main features of the South African landholding before 1990 is followed in a detailed discussion of the established procedures of registration, prescription nad alternative forms of title. Registration in terms of the Deeds Registries Act remains a fundamental aspect of the acquisistion of real rights in land, and chapters dealing with these subjects constitute an authoritative source of reference for the property practitioner and conveyancer, the consultant and developer. They revise and update the corresponding chapters from The Acquisition and protection of Ownership (Juta, 1986) by the same author, which is relied upon by practitioners and the courts as a standard reference in the field of property law. The land reform programme is examined in the context of these pre-existing procedures, and with reference to the history of discriminatory landholding and constitutional property provisions. The result is a coherent account of land title in South Africa at the end of the 20th century."
Author: D. L. Carey Miller
Publisher: Juta
ISBN:
Category : History
Languages : en
Pages : 728
Get Book Here
Book Description
"This important new work is the first comprehensive survey of South African land law following the sweeping land reforms enacted during the past decade. It considers the substance and working of these reforms in the context of the pre-existing common law and legislation. An outline of the main features of the South African landholding before 1990 is followed in a detailed discussion of the established procedures of registration, prescription nad alternative forms of title. Registration in terms of the Deeds Registries Act remains a fundamental aspect of the acquisistion of real rights in land, and chapters dealing with these subjects constitute an authoritative source of reference for the property practitioner and conveyancer, the consultant and developer. They revise and update the corresponding chapters from The Acquisition and protection of Ownership (Juta, 1986) by the same author, which is relied upon by practitioners and the courts as a standard reference in the field of property law. The land reform programme is examined in the context of these pre-existing procedures, and with reference to the history of discriminatory landholding and constitutional property provisions. The result is a coherent account of land title in South Africa at the end of the 20th century."
Author: Tembeka Ngcukaitobi
Publisher: Penguin Random House South Africa
ISBN: 1776095979
Category : Political Science
Languages : en
Pages : 349
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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.
Author: C. G. Van der Merwe
Publisher: Kluwer Law International B.V.
ISBN: 9041122826
Category : Law
Languages : en
Pages : 586
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Book Description
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Author: Elizabeth Cooke
Publisher: Bloomsbury Publishing
ISBN: 1847310303
Category : Law
Languages : en
Pages : 316
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Book Description
This book is an examination of the law of land registration in England and Wales, in the light of the Land Registration Act 2002, and in particular at the way land registration is influenced by, and in turn influences, the evolution of land law as a whole. It examines the legal problems that have arisen in connection with land registration and considers the effect of the 2002 statute, drawing extensively upon the law in other jurisdictions and considering possibilities for future development. This is a book which will be essential reading for students, their teachers, and practitioners who will have to grapple with the intricacies of the new Act when it comes into force.
Author: Lungisile Ntsebeza
Publisher: HSRC Press
ISBN: 9780796921635
Category : History
Languages : en
Pages : 268
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Book Description
Publisher description
Author: Ben Chigara
Publisher: Routledge
ISBN: 1136656189
Category : History
Languages : en
Pages : 283
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Book Description
This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.
Author: Cherryl Walker
Publisher: Ohio University Press
ISBN: 0821419277
Category : Business & Economics
Languages : en
Pages : 350
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Book Description
In South Africa land is one of the most significant and controversial topics. Land restitution has been a complex, multidimensional process that has failed to meet the expectations with which it was initially launched in 1994. 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.
Author: Lee Godden
Publisher: Routledge
ISBN: 1136946020
Category : Architecture
Languages : en
Pages : 417
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Book Description
A collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources.
Author: Ulla Secher
Publisher: Bloomsbury Publishing
ISBN: 1782253769
Category : Law
Languages : en
Pages : 542
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Book Description
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Author: Adeoye O. Akinola
Publisher: Springer Nature
ISBN: 3030511294
Category : Political Science
Languages : en
Pages : 284
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Book Description
This book analyzes the new political economy of land reform in South Africa. It takes a holistic approach to understand South Africa’s land reform, assesses the current policy gaps, and suggests ways of filling them. Due to its cross-disciplinary approach, the book will appeal to a broad audience, and will benefit readers from the fields of policy reform, administration, law, political science, political economics, agricultural economics, global politics, resource studies and development studies.
