Southern Africa

Policy Papers & Briefs
December 2016

Ensuring equal rights in ownership and control over land for women and men is essential to achieve gender equality (SDG5) and eliminate poverty (SDG1).

Journal Articles & Books
December 2006

This paper focuses on legal and institutional aspects of children’s property and inheritance rights in Southern and East Africa. Chapter 2 discusses violations of children’s property and inheritance rights and discusses how the spread of HIV/AIDS has contributed to the violations. Chapter 3 assesses several norms of customary law that aim to protect children’s property and inheritance rights as well as the current practices of customary law that—in the context of the HIV/AIDS pandemic—serve to complicate and limit children’s ability to maintain their rights.

Journal Articles & Books
May 2016

The focus of this review has been on both documenting the general resilience of many fish resources to climatic variability and its underestimation in livelihood importance, including in protracted crisis situations, but also on enhancing the potential supply of fish from dryland areas by better use of the available water bodies, and in particular from small reservoirs.

Legislation
January 1998

Section 3 formulates a prohibition of receipt or solicitation of consideration in respect of unlawful occupation of land. Section 4 makes provision for the eviction of unlawful occupiers of land. Notwithstanding the provisions of section 4, the owner or person in charge of land may institute urgent proceedings for the eviction of an unlawful occupier of that land pending the outcome of proceedings for a final order, and the court may grant such an order if it is satisfied that conditions set out in section 5 are met. Section 6 provides for eviction at the instance of an organ of state.

Legislation
October 2014

This Act amends the Integrated Coastal Management Act, 2008 with respect to a wide variety of matters including composition coastal public property, access fees, purposes for which coastal public property is established, reclamation of land by public authorities for state infrastructure and other purposes, the declaration of state-owned land as coastal public property, establishment of coastal management lines for protection purposes, award of coastal use permits on coastal public property and unlawful structures on coastal public property.

Legislation
January 1997

These amendments concern various legal proceedings in relation with land claims and land development and related matters such as the registration of land restored or awarded to a claimant.

Amends: Restitution of Land Rights Act (No. 22 of 1994). (1994-11-25)

Legislation
May 2004

This Act concerns the imposition of a municipal rate on (rights in) immovable property and public service infrastructure envisaged in section 229(1)(a) of the Constitution. The Act makes provision for exemptions, rebates and reductions on properties used for agricultural purposes, and defines criteria for this purpose. Municipalities may set differential rates for various properties including land used for agriculture and protected areas in the sense of the National Environmental Management: Protected Areas Act, 2003.

Legislation
April 2003

Where immovable property, a real right in immovable property, a bond or a notarial bond: (a) is registered in the name of a person who has married since the registration took place; (b) is registered in the name of a person who on the date of the registration was married out of community of property or whose marriage was on that date governed by the law of another country, and whose marriage was subsequently dissolved by death or, divorce; (c) forms an asset in a joint estate and was registered in the name of the husband only; or (d) is registered in the name of a person who on the date of