A new book, Land Reform by Juanita Pienaar, the latest volume in Juta’s South African Property Law Library (series editor Prof AJ van der Walt), was announced on Monday, 19 May 2014 at a public seminar hosted by the South African Research Chair in Property Law (SARCPL) and entitled “Land reform: reflections and dimensions”.
Land Reform aims to address the following main questions: what is land reform, why do we need it and how is it conducted in South Africa? Ultimately, a two-pronged question is explored in the final chapter: (a) have the developments since 1994 resulted in an aligned, sensible land reform programme and (b) can an argument in favour of continued land reform, albeit in a different format, still be made out? Though land reform is multi-dimensional in that it embodies, amongst others, economic, environmental, sociological and agricultural dimensions, the publication is essentially a legal analysis. To that end the most important legislative measures, policy documents and case law dealing with the main issues highlighted above, are analysed. In this regard it is important to note that the land reform programme is embedded in the Constitution, in particular in the property clause – section 25. That means that, ultimately, the transformational thrust of the property clause and how it has manifested in the land reform programme, has to be considered as well. Keeping in mind the constitutional imperative to effect reform, including land reform, and highlighting the underlying considerations of justice, development and sustainability, it is clear that conducting effective land reform is a huge task that entails great responsibility. The book covers all legal developments spanning the first phase or exploratory land reform programme that was embarked upon in 1991, followed by the all-encompassing land reform programme that coincided with the constitutional dispensation, until December 2013.
Land Reform is the fifth volume to date in the series Juta’s South African Property Law Library. The series is aimed at reassessing the whole of South African property law in order to establish how property law was influenced by apartheid, how it responds to the new constitutional dispensation (including land reform), and whether it could make a contribution towards the transformation of South African law and society. By 2018 the Property Law Library will consist of 20 monographs, each of which is focused on one aspect of property law. The series is prepared under the auspices of the South African Research Chair in Property Law, which is funded by the Department of Science and Technology, administered by the National Research Foundation and hosted by the Faculty of Law at Stellenbosch University. The four volumes already published are: The law of neighbours (2010, AJ van der Walt); Sectional titles (2010, GJ Pienaar); Constitutional property law (2011, AJ van der Walt) and Planning law (2012, J van Wyk).
“Land Reform: reflections and dimensions” was the first of two annual public seminars for 2014 to be hosted by the South African Research Chair in Property Law. Papers were delivered by Juanita Pienaar and Aninka Claassens (UCT), followed by a panel discussion setting out the complexities and multi-dimensionality of land reform. Participants included Prof Ben Cousins (UWC), Prof Willemien du Plessis (North West University) and Prof Jeannie van Wyk (UNISA). The second public seminar will focus on housing issues and will take place in August.