Land Matters


Book Description

Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.







The Politics of Land Reform in Africa


Book Description

Across Africa land is being commodified: private ownership is replacing communal and customary tenure; Farms are turned into collateral for rural credit markets. Law reform is at the heart of this revolution. The Politics of Land Reform in Africa casts a critical spotlight on this profound change in African land economy. The book illuminates the key role of legislators, legal consultants and academics in tenure reform. These players exert their influence by translating the economic and regulatory interests of the World Bank, civil society groups and commercial lenders in to questions of law. Drawing on political economy and actor-network theory The Politics of Land Reform in Africa is an indispensable contribution to the study of agrarian change in developing countries.




Land, Law and Politics in Africa


Book Description

This book offers a series of new studies on the dynamics of political and legal culture as well as of conflict management in contemporary Africa, taking inspiration from and honoring the scholarly contributions and impact of Prof. Gerti Hesseling (1946-2009) in African Studies.




Land Issues for Urban Governance in Sub-Saharan Africa


Book Description

Sub-Saharan Africa faces many development challenges, such as its size and diversity, rapid urban population growth, history of colonial exploitation, fragile states and conflicts over land and natural resources. This collection, contributed from different academic disciplines and professions, seeks to support the UN Habitat New Urban Agenda passed at Habitat III in Quito, Ecuador, in 2016. It will attract readers from urban specialisms in law, geography and other social sciences, and from professionals and policy-makers concerned with land use planning, surveying and governance. Among the topics addressed by the book are challenges to governance institutions: how international development is delivered, building land management capacity, funding for urban infrastructure, land-based finance, ineffective planning regulation, and the role of alternatives to courts in resolving boundary and other land disputes. Issues of rights and land titling are explored from perspectives of human rights law (the right to development, and women's rights of access to land), and land tenure regularization. Particular challenges of housing, planning and informality are addressed through contributions on international real estate investment, community participation in urban settlement upgrading, housing delivery as a partly failing project to remedy apartheid's legacy, and complex interactions between political power, money and land. Infrastructure challenges are approached in studies of food security and food systems, urban resilience against natural and man-made disasters, and informal public transport.




Legal Aspects of Land Rights and the Use of Land in Asia, Africa, and Europe


Book Description

The right to land plays a key role in the realisation of a plethora of human rights, Land is however becoming scarce and the poorest sectors of society are deprived of access to land whilst State authorities and foreign investors practise land grabbing.




African Land Reform Under Economic Liberalisation


Book Description

This open access book offers unique in-depth, comprehensive, and comparative analyses of the motivations, context, and outcomes of recent land reforms in Africa. Whereas a considerable number of land reforms have been carried out by African governments since the 1990s, no systematic analysis on their meaning has so far been conducted. In the age of land reform, Africa has seen drastic rural changes. Analysing the relationship between those reforms and change, the chapters in this book reveal not only their socio-economic outcomes, such as accelerated marketisation of land, but also their political outcomes, which have often been contrasting. Countries such as Rwanda and Mozambique have utilised land reform to strengthen state control over land, but other countries, such as Ghana and Zambia, have seen the rise in power of traditional chiefs in managing the land. The comparative perspective of this book clarifies new features of African social changes, which are carefully investigated by area experts. Providing new perspectives on recent land reform, this book will have a considerable impact on scholars as well as policymakers.




Land Deals in Africa


Book Description

"This report was prepared for 'Legal tools for citizen empowerment, ' a programme steered by the International Institute for Environment and Development"--Page iii.




Land Law in Nigeria


Book Description

This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy; pledge; the law of property; an overview of the effect of the Land Use Act on customary ownership of land; The Nigerian Land Use Act; Land Use Act 1978; ways of declaration of title to land; legal mortgage; the position of landlord and tenant; the procedure for recovery of premises under the recovery of premises law; classification of right of occupancy; nature of prescription; march towards the reform of the Land Use Act.




Property and Political Order in Africa


Book Description

In sub-Saharan Africa, property relationships around land and access to natural resources vary across localities, districts, and farming regions. These differences produce patterned variations in relationships between individuals, communities, and the state. This book captures these patterns in an analysis of structure and variation in rural land tenure regimes. In most farming areas, state authority is deeply embedded in land regimes, drawing farmers, ethnic insiders and outsiders, lineages, villages, and communities into direct and indirect relationships with political authorities at different levels of the state apparatus. The analysis shows how property institutions - institutions that define political authority and hierarchy around land - shape dynamics of great interest to scholars of politics, including the dynamics of land-related competition and conflict, territorial conflict, patron-client relations, electoral cleavage and mobilization, ethnic politics, rural rebellion, and the localization and "nationalization" of political competition.