Land Matters and Rural Development : 2019

• Author: Willemien Du Plessis,Ebrezia Johnson,Juanita M. Pienaar
• DOI: 10.25159/2522-6800/7389
• Published date: 01 October 2020
• Date: 01 October 2020
• Pages: 1-30

Commentary

Southern African Public Law

https://doi.org/10.25159/2522-6800/7389

https://upjournals.co.za/index.php/SAPL

ISSN 2522-6800 (Online), 2219-6412 (Print)

Volume 35 | Number 1 | 2020 | #7389 | 30 pages

© Unisa Press 2020

Land Matters and Rural Development: 2019

Juanita M Pienaar

University of Stellenbosch

jmp@sun.ac.za

Willemien du Plessis

http://orcid.org/0000-0002-0907-5063

North-West University

willemien.duplessis@nwu.ac.za

Ebrezia Johnson

University of Stellenbosch

ebrezia@sun.ac.za

Abstract

This note includes the most important 2019 land reform developments

pertaining to land restitution, land redistribution, tenure reform, unlawful

occupation, housing, spatial planning, deeds and expropriation, including the

amendment of the property clause.

Keywords: Land reform, land restitution, land redistribution, tenure reform, unlawful

occupation, housing, spatial planning, deeds, expropriation, property

clause

Pienaar, Du Plessis, Johnson

2

General

South Africa’s land reform legislation is again on the table with the imminent

amendment of section 25 of the Constitution of the Republic of South Africa. An

amendment to section 25 was published in December 2019.1 At the time of writing of

the note, the deadline for public comment regarding the envisaged constitutional

amendment was extended, whereas amendments to expropriation legislation had not

been published yet. A draft policy on beneficiary selection was published early January

20202 and there is discussion regarding a permanent Land Court.3 A lot of activity,

much of which is still pending, has thus taken place in the land reform arena.

According to the Department of Rural Development and Land Reform’s Annual Report

2018/19,4 85 324.5523 ha were acquired of which 53 977.548 ha were transferred to

smallholder farmers and 9 675.5201 ha to farm workers and labour tenants (642 labour

tenant claims were finalised). 208 farms were supported by post-settlement grants and

2 251 households were supported under the one household, one hectare programme (932

women headed households, 316 youth headed and six persons living with disabilities).

502 land claims were settled and 995 land claims finalised, while 140 phased projects

were approved. A number of outstanding claims could not be settled due to various

challenges, including family disputes, historical value disputes and verification of

claimants. Notably, the Department underspent on land reform and land restitution

projects.5

This note includes the most important 2019 land reform developments pertaining to land

restitution, land redistribution, tenure reform, unlawful occupation, housing, spatial

planning, deeds and expropriation, including the amendment of the property clause.

Land Restitution

The Minister of Public Works promised to release land for restitution purposes for those

who were affected by the Group Areas Act 36 of 1966 in the Western Cape.6 In August

1 Draft Constitution Eighteenth Amendment Bill, GG 42902 (13 December 2019) GN 652.

2 National Policy for Beneficiary Selection and Land Allocation, GG 42939 (3 January 2020) GN 2, not

discussed in this contribution as the scope encompasses 2019 developments.

3 Linda Ensor, ‘Plan to Establish a Permanent Land Court is in the Offing’ Business Day (14 November

2019).

4 Department of Rural Development and Land Reform, ‘Annual Report 2018/19’

<https://www.drdlr.gov.za/sites/Internet/ResourceCenter/DRDLR%20Document%20Centre/DRDLR

_AR_2018_2019.pdf> accessed 12 January 2020.

5 Land Reform (R134.5 million) and Restitution (R95.1 million)—the funds were transferred to finance

other programmes.

6 Mervyn Charles, ‘Watch: De Lille Promises to Release 100 Parcels of Land over the Next Year’ IOL

(25 November 2019).