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07-06: Challenges of redistributive land reform
Valuer general of South Africa; rights, responsibilities, and land reform
Greenfield Advisors, Inc., United States of America
The South African Property Valuation Act, 17 of 2014 provides for the establishment, functions and powers of the Office of the Valuer-General. The Constitution of the Republic of South Africa provides for the protection of property, expropriation of property for public purposes or in the public interest where said expropriation of property is subject to equitable compensation by the government. The government will also take reasonable legislative measures in order to facilitate land reform and restitution of land by which a person or community was dispossessed as a result of past discriminatory laws or practices. This paper will outline how the newly formed office of the Valuer-General is designed to help the government manage its assets. This includes both land reform valuations as well as government property targeted for acquisition or disposal.
The implications of incomplete restorative justice in South African land restitution: lessons from the Moletele case.
University of Pretoria, South Africa
Since 2005, South Africa’s post-apartheid state has opted to impose inclusive business model arrangements between land claimant communities and private sector partners to ensure the ‘successful’ resolution of land restitution claims in the country. The inclusive business model approach was therefore deemed compatible in achieving both, social justice imperatives and capacitation or entrepreneurial objectives framed by the country’s Black economic empowerment (BEE) objectives. In this context however, I argue that the role of the state and private agribusiness partners are substantial but also recalibrated, with private partners and communal land holding institutions increasingly being tasked with functions that have historically been linked to the public sector. Findings from the analyses to date, raises questions regarding the potential of these types of partnerships arrangements to achieve acceptable levels of restorative justice imperatives whilst the entrepreneurial/capacitation potential of these types of partnership arrangements seems equally questionable.
Towards addressing the new land reform policy paradigm in South Africa
University of Venda, South Africa
The study was conducted in South Africa to assess challengers confronting the land restitution programme using qualitative data collection and analysis techniques. The general study findings were that when introduced, there was a general lack of knowledge of the claim process and also that land occupiers have developed strategies to retain the land to themselves. The study recommended for either reopening the land claim window that will be proceeded by a thorough engagement with potential claimants around the claim process and the ultimate intention of the land claim.