Land restitution in the North-West Province, South Africa, an evaluation of selected case studies

Abstract

The central aim of this dissertation is to evaluate the Land Restitution process in South Africa with particular reference to selected case studies in the North West province of South Africa ( Putfontein, Mosita "Native" Reserve, Baphalane Ba Sesobe - Madikwe ) . With the dawn of a new ANC led government of national unity in 1994, South Africa went through a series of transformative processes to redress past imbalances created by the apartheid government. Of particular importance was the question of land reform which remains central to most African countries. This reform comes as a result of the racially-based land policies which were a major cause of landlessness and poverty amongst black people in South Africa. This land reform programme is divided into three components, that is, Land Restitution, Land Redistribution, and Land Tenure. The dissertation focussed specifically on land restitution, and seeks to advance the argument that the restoration of land rights through the restitution process will support the vital goal of reconciliation, reconstruction and development. The restitution process follows the introduction of the Restitution of Land Rights Act No. 22 of 1994, which was enacted to protect the restoration of land rights to those who were dispossessed as a result of racially based legislation.

The research highlights some debates surrounding the restitution process and the impact that restitution have to those who occupy areas subject to land claims. The debate also covered the impacts of restitution on development and vice-versa. In order to gather facts in a more comprehensive manner, a review of the historical material was essential to lay the ground of understanding the roots of the land question in South Africa.