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| Title: | Unravelling rights to land and to agricultural activity in rural race zones |
| Authors: | Budlender, Geoff Latsky, Johan |
| Year: | 1990 |
| Periodical: | South African Journal on Human Rights |
| Volume: | 6 |
| Issue: | 2 |
| Pages: | 155-177 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | segregation apartheid legislation land law |
| External link: | https://doi.org/10.1080/02587203.1990.11827805 |
| Abstract: | Over the better part of a century or longer and through layers of statutory interventions into the common law of property, a legislative map of South Africa has been drawn which divides the entire country into race zones. The repealing of these laws will not in itself result in a system of land law which meets the needs and aspirations of South Africans in a democratic South Africa. There will be a need to construct a new system, which will have to be based on a clear understanding of how the existing property relations have developed, and why those relations do not satisfy people's needs. Therefore, this paper analyses the existing rights to land and to agricultural activity in the 'rural race zones'. The first section unravels the legal definition of rural race zones (scheduled areas, released areas, development areas, and land falling in the area of jurisdiction of a self-governing territory). The second section examines land rights in rural race zones and discusses such topics as the ownership of black rural land; the Black Areas Land Regulations of 1969; freehold land in 'black spots'; the relevance of the question of ownership; and African land tenure in 'white' rural areas. The third section discusses various laws impacting upon agricultural activity and access to agricultural and finance markets, such as the Land Bank Act of 1944, the Marketing Act of 1968 and the Subdivision of Agricultural Land Act of 1970. Notes, ref. |
