Access to Land & Tenure Security

Land tenure is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. (For convenience, "land" is used here to include other natural resources such as water and trees.) Land tenure is an institution, i.e., rules invented by societies to regulate behaviour. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions.

Land tenure is an important part of social, political and economic structures. It is multi-dimensional, bringing into play social, technical, economic, institutional, legal and political aspects that are often ignored but must be taken into account. Land tenure relationships may be well-defined and enforceable in a formal court of law or through customary structures in a community. Alternatively, they may be relatively poorly defined with ambiguities open to exploitation.

Source: GLTN

 

11 December 2017
South Africa

Johannesburg – The Constitutional Court ruled on Monday that a black community holds a right to certain portions of the Salem Commonage in the Eastern Cape and was dispossessed of the land due to past racially discriminatory practices.

According to the judgment, penned by Justice Edwin Cameron and concurred by nine others, the community had rights – but not exclusive rights – to the commonage.

Legislation & Policies
Legislation
Other legal document
January 2016
Africa
South Africa

Sub­mis­sions to the Port­fo­lio Com­mit­tee: Rural Devel­op­ment and Land Reform on the Exten­sion of Secu­rity of Tenure Amend­ment Bill

Legislation & Policies
Legislation
Other legal document
March 2017
Africa
South Africa

Writ­ten sub­mis­sions on the MPRDA Amend­ment Bill 15D of 2013 to the Gaut­eng Leg­is­la­ture, made on behalf of the Land Access Move­ment of South Africa (LAM­OSA), the Amadiba Cri­sis Com­mit­tee (ACC), and Bench Marks Foun­da­tion.

Legislation & Policies
National Policies
Other legal document
May 2017
Africa
South Africa

 Writ­ten sub­mis­sions on the Regulation of Agricultural Land Holdings Draft Bill made to the Minister of Rural Development and Land Reform 

Reports & Research
June 2017
South Africa

Issues surrounding labour tenancy in South Africa are controversial and complex. The issue is controversial in that that it currently reflects a struggle over access to land and tenure security that spans more than a century. The controversy surrounding labour tenancy derives from the fact that the role players within this scenario often hold widely differentiated perceptions about each other’s rights, duties and respective power relationships.

Reports & Research
June 2017
South Africa

Issues surrounding labour tenancy in South Africa are controversial and complex. The issue is controversial in that that it currently reflects a struggle over access to land and tenure security that spans more than a century. The controversy surrounding labour tenancy derives from the fact that the role players within this scenario often hold widely differentiated perceptions about each other’s rights, duties and respective power relationships.

Reports & Research
July 2017
Global

Various multilateral organisations, for instance the World Bank, the Food and Agricultural Organisation have been at the forefront of the different programmes designed to enhance tenure security of landholders as the basis for long-term agricultural development. This has been the case especially in parts of the world where customary systems of tenure are predominant. Wily argues that ‘so little of sub-Saharan Africa is subject to formal entitlements as legally recognised private properties’.

Reports & Research
July 2017
South Africa

This review critically examines the evolution of laws, policies and practices across colonial, apartheid and contemporary eras to identify the associated processes and patterns of uneven development and their contribution to the structural poverty and systemic inequality and the ways in which these are manifested in space and place. The primary focus is on the effectiveness of policies and laws shaping land tenure and governance in the democratic era and the extent to which they have been able to engage with these spatially differentiated legacies in order to promote spatial justice.

Reports & Research
July 2017
South Africa

The report provides a brief history of farm labour in South Africa tracing its roots in slavery and colonial dispossession through to the emergence of state supported commercial agriculture and the subsequent deregulation of the agricultural sector. This is with a view to contextualising the examination of tenure security and identifying the impacts on people living and working on land owned by others. The report provides a scan of the legal reforms and measures instituted in the first decade of democracy in order to reverse the injustices of the past.