A legal framework for land reform and sustainable community conservation in South Africa

Abstract

In the past, South Africa was fraught with racial injustices resulting in the creation of a void between the country’s land reform and community conservation frameworks. The South African government has, over the past two decades promulgated a wide range of land laws to give effect to the property right contained in the Constitution of the Republic of South Africa, 1996 (the Constitution) in order to close this void. Similarly, the government has promulgated numerous national and provincial conservation laws to give effect to the environmental right contained in the Constitution, moving towards a more people-centred approach to nature conservation. Collectively, these set the foundation for land reform and sustainable development. Despite this foundation, no single act comprehensively regulates community conservation in South Africa, resulting in a high level of fragmentation in both the legal and administrative sectors. This fragmentation, coupled with a division of responsibilities and a lack of coordination, has been a major factor hampering effective community conservation initiatives following the land reform process. It is against this background that this study proposes to examine and evaluate the legal frameworks applicable to community conservation and land reform, with specific reference to the relationship between community conservation, land reform and sustainability, and to establish the extent to which South African law provides for sustainable community conservation following the land reform process.