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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Failing to Learn from Failed Programmes: South Africa's Communal Land Rights Bill (CLRB 2003)
Author:Kariuki, SamuelISNI
Periodical:Stichproben - Vienna Journal of African Studies
Geographic term:South Africa
Subjects:land law
communal lands
Agriculture, Natural Resources and the Environment
Law, Human Rights and Violence
Ethnic and Race Relations
Peoples of Africa (Ethnic Groups)
External link:https://stichproben.univie.ac.at/fileadmin/user_upload/p_stichproben/Artikel/Nummer07/Nr7_Kariuki.pdf
Abstract:The controversial Communal Land Rights Bill (CLRB) which South Africa adopted in the year 2003 will affect about 14 million South Africans residing in the former homelands or harbour 72 percent of the total population considered as poor. These people hold insecure, conflicting and overlapping rights to land which are acquired through occupation and not through a statutory process. The objective of the CLRB is to legalize security of tenure in South Africa's former homelands. The logic behind this process is that efficient use of land utilization and investment inflows to these regions will be realized once security of tenure is recognized under statutory law. The CLRB has revived the classical debates around indigenous/communal tenure systems vis--vis individual tenure systems. This paper offers a critical evaluation of the bill. It argues that the bill is a-historical and fails to come to terms with the sociological complexity and uniqueness that defines South Africa's rural societies with respect to land matters. A poorly drafted tenure policy is bound to exacerbate the historically ingrained problems facing the rural population. The title of the paper captures the failure of the drafters of the CLRB to learn from experiences of South Africa's land reform process over the last ten years. Bibliogr., notes, sum. in English and German. [Journal abstract]