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Amaqamu & Emakhasaneni v Minister of Rural Development and Land Reform

Legislation & Policies
Outubro, 2016
África
África do Sul

This is a judgement in the Land Claims Court which concerned the validity of land claims lodged under The Restitution of Land Rights Amendment Act 15 of 2014. This act was an amended version of the Restitution of Land rights Act 22 f 1994 which differed by extending the time frame for persons, descendants, or communities who were disposed of land after 1913 to lodge land claims.  Previously the cut-off date under the 1994 to lodge claims was 31st December 1998. Under the 2014 Act, claims could up lodged from the passing of the act until 30 June 2019.

Land Access Movement of South Africa v National Council of Provinces

Legislation & Policies
Junho, 2016
África
África do Sul

In this case, which was  heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment  Act 15 of 2014  was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be  lodged. However, the court found that the Parliament did not sufficiently  consult with key stakeholders including those who had successfully  lodged claims under the previous Act of 1994. 

The Community Land Act in Kenya

Journal Articles & Books
Dezembro, 2017
Quênia

Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

A Legislação Fundiária Angolana à Luz das Directrizes Voluntárias Sobre a Governança Responsável da Posse de Terra

Policy Papers & Briefs
Novembro, 2017
Angola

O objectivo deste estudo é analisar sistema legal fundiário angolano à luz das recomendações propostas pelas Directrizes Voluntárias Sobre a Governança Responsável da Posse de Terra, Pescas e Florestas no Contexto da Segurança Alimentar Nacional (VGGTs no seu acrónimo inglês). 

Zambia’s peasants at risk of becoming squatters on their own land – UN expert warns

Reports & Research
Maio, 2017
África

The push to turn commercial large-scale agricultural into a driving engine of the Zambian economy, in a situation where the protection of access to land is weak, can risk pushing small-holder farmers and peasants off their land and out of production with severe impacts on the people’s right to food,” Ms. Elver said at the end of her first official visit to the country

Land Rights and Enclosures: Implementing the Mozambican Land Law in Practice

Reports & Research
Novembro, 2005
África

Includes key features of current land policy, land law implementation – recording local rights, registering customarily held rights, knowing your rights, the public sector response, private sector and other non-customary land rights, historical land units, land concentration, benefits to local people – community consultations, the positive side of the picture.

Contextualising the controversies: dilemmas of communal tenure reform in post-apartheid South Africa

Reports & Research
Agosto, 2008
África do Sul
África

Includes the legacies of colonial and apartheid rule; policy dilemmas; key controversies – private ownership or customary land rights?; the nature and content of ‘customary’ land rights; transforming gender inequalities; land rights, authority and accountability; processural or rule-bound versions of ‘customary’ law; was the appropriate procedure followed in enacting the Communal Land Rights Act?