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4/1/1996 - The Scramble for Land: Legacy of Dispossession by Teresa C. Yates

The Scramble Land LegacyofDispossession PIETERSBURG South Africa April ByTeresa Yates The story South Africa tragic history forced removals dispossession retold times Legally process radal segregation began intensify century passage number stricting where black population could occupy For example The Transvaal Volksraad prohibited black ownership except where could necessity behavior obedient In Ordinance passed Natal giving magistrates power remove black squatters public private lands prohibited landowners housing three black families their farms Transvaal Squatters Law Law II implemented family prohibiting landowners housing families their farms Cape Vagrancy Squatting Act hibited disorderly people squatting Crown mission native locations andin Pretoria Convention tablished Proclamation Native Location Commission daries black location terri By least locations identified Commission The Pretoria Proclamation invali datedby Transvaal Supreme Court thereby lifting legal prohi bition against black acquisition Transvaal The result court ruling however matically increase black ownership ofland region Blacks simply financial resources advantage small window opportunity Against legislative background Black Land Act passed The Act identified reserved traditionally black occupation blacks proximately seven percent total surface South Africa other country aside white occupation Al though reserved black occupationwas extendedbytheDevel opment TrustLand Act total allocation still amounted percent percent ofthe population In Promotion Bantu Self Government Act abolished Parlia mentary representation blacks created ethnic territories black population Lebowa North So QwaQwa South Sotho Bophu thatswana Tswana KwaZulu Zulu KaNgwane Swazi Gazankulu Tsonga Venda Venda Transkei Ciskei Xhosa KwaNdebele later added South Ndebele making ethnic territories envisioned government Thestatedplanofthe IA Figure SCHEDULEDAREAS Figure2 RELEASEDAREAS See EssyM Letsoalo LANDREFORMINSOUTHAFRICA ABLACKPERSPECTIVE SkotavillePublishers Johannesburg Itisimportanttonotethatalthough13 ofthelandwas resezced forblackuseandoccupatio theblackpopulation never occupied totalland allocatedbecause process ofbuying released whiteownerswasne ercompleted andbecause trust farms continued tobeusedbythe government rather thanbeing transferred intendedblack population government separate black population often force according their ethnic identity grant independence these ethnic enclaves From estimated three million people forcibly removed rural urban corralled these barren wastelands euphemistically called tribalhomelands oPreloda oJohannesburg Transvaa Free State leonnfontoino Cape Province London IOO Figure3 TRIBALHOMELANDS THEWINDSOFCHANGE In after forty years failed tempts separate population based ethnicity National Party under leadership F W Klerk presented policy White Pa Land Reform The nifican aspect policy initiative troduction legislation abolished apartheid legislation The Abolition Racially Based Land Measures Act repealed Land Acts other apartheid statutes The Upgrading Land Tenure Rights Act provided vehicle transformation ofvariousformsofblacktenureto fullownership marily urban areas The abolition racially based restrictions ownership although worthy scope nothing millions blacks dispossessed result these restrictions access Today South Africa confronting legacy possession through Interim Constitution through legislation beginning implement ambitious reform program aimed provid ingsome remedy injustices The official government policy first November ANC Reconstruction Development Programme RDP Recognizing strong commitment resuscitate poverished rural communities severely suffered asphyxiating effects failed apart policies theRDPstresses Land basic rural dwellers Apartheid policies pushed millions black South Africans overcrowded impoverished serves homelands townships In addition capital intensive agricultural policies large scale eviction dwellers their homes The abolition Land Acts cannot redress inequities distribution Only minority black people afford market A national reform programme central driving force programme rural devel opment Such programme redress effec tively injustices forced removals historical denial access It ensure security tenure rural dwellers Andinimple menting national reform programme through provision support services democratic government build economyby generating large scale employment increasing ralincomes eliminating overcrowding TheRDPmustimplementafundamentalland programme This programme driven supply residential productive poorest section rural population aspirant farmers As comprehensive rural development policy raise rural incomes productivity courage agricultural other ductive residential purposes The policy ensure security tenure South Africans regardless their system holding It remove forms discrimi nation inWomen access TheRDP istheANC spolicyframeworkand forththeparty svision forthe future socialandeconomicrestructuring South African society African National Congress THE RECONSTRUCTION AND DEVELOPMENT PROGRAMME A POLICY FRAME WORK UmanyanoPublications Johannesburg Institute Current World Affairs THEGREENREVOLUTION The recent reform policyproposal entitled Green Paper South African Land Policy released Department Land Affairs The final policy statement scheduled released May whitepaper onland reform The three primary elements draft reform policy restitution redistribution andtenure reform Restitution The Restitution Land Rights Act tached cornerstone currently emotionally charged reform process The Act mandated Interim Constitution dress legacy forced removals govern return certain taken blacks result racially discriminatory The scope Act limited Section interim Constit ution which allows person munity claim restitution person munity dispossessed right after fixed earlier June Pro fessor Howard Venable New York University Law School expert the_history dispossession South Africa pointed cutoff allows restitution approximately ofthe wrestled black population Historical claims claims dating tobeentertained discretion Minis Land Affairs Some these claims through redistribution process first there determinationby LandDepartment great forland exists The National Commission Restitution Land Claims Court charged managing program The Commission review claims attempts either restore claimants their origi comparable In those instances where neither possible Commission recom compensation The Land Department repre state interest these cases In those cases where agreement settlement compensa cannot reached Land Claims Court final determinations The government limits completion program three years lodge claims years Commission Court finalize claims years implement Court orders Redistribution The purpose redistribution program distribution landless labor workers women emerging farmers residentialand productive improve their liveli hoods The program tested through series pilot projects selected rural areas region Un Pilot Projects redistribution identified offered communities identi beneficiaries program Each eligible household entitled maximum R15 US government grant assist purchase development Communities pected their grants allow purchase larger tracts With pooling grantstherewillbe littlechancethatruralcommunities purchase desirable current prices without further financing govern private financial institutions One pivotal question related redistribution program offered prospec buyers The government stated first identify willingbuyers willing sellers before attempts expropriation privately owned begin Expropriation therefore resort Thus however Northern Province identified pilot project state owned So ernment postponed inevitable conflict white owners state owned identified redistribution purposes Tenure Reform The reform tenure beginning The broadly stated purpose program extend curity tenure South Africans under diverse forms oftenure In draft policy statementontenure reform Land Department identified seven principlesand activities tobeadvancedandim plementedoverthe nexttwoyears A rights based approach tenure reform Ex tension registrable tenure rights landhold elimination landholding systems based onpermits Creation framework diverse forms including communal group individual ownership onthebasis oflocalpreference Administrative structures derived subject Constitutional principles democ equality anddueprocess TheDepartmentwill workto ensuregenderequality aspects ofland holding systems Systems administration communal tenure systems reviewed strengthened ensure efficient administration landandprotection ofrights Development framework legislation giving final legal recognition communal group systems Iftheprogramistosucceed privatelandwillhavetobeexpropriatedbecausethere isnotenoughgovernment ownedland current demand Proposal reforms tenancy ensure termsand conditions tenancy Provision interim administrative legisla measures reduce tenure insecurity ministrativechaoswhere itcurrentlyexists One major obstacle tenure reform program identifying current tenure practices rural areas where informal tenure practices neatly legal definitions I asked members Pro vincial Government researchers working tenure reform region articulate specific tenure systems exist areas ofthe Northern Province THENORTH The goals government Green Paper mirablebut intentions always somewhat distorted theory transformed practice I therefore settled Pietersburg capital Northern Province observe attempts national local governments implement ambitious reform program The Northern Prov generally recognized poorest Provinces Some economic social indicators support assessment Real unemployment conservatively estimated percent The average capita income R725 US lowest region percent households abject poverty permanent source income Another percent below minimum level R800 family Province The majority people about villages average population As result there desperate basic services Development however costly because communities small The Province lowest literacy country estimated between percent percent Forty percent allwomen illiter percent One study suggests nearly percent residents years schooling There steady drain educated people urban areas Theinfant mortality births The region fastest population growth with49 ofthepopulationunder15yearsofage PovertyHead Count Provinces Individuals Hvingln poverty Western Cape Gauteng North West Eastern Transvaal Free State Northern Cape KwaZulu Natal Eastern Cape Northern Province I0203040506070 Source Human Sciences Research Council Northern Province Premier NRamathlodi ANC Capital Pietersburg Area 116824 Population million Populationde nsity persons Functional urbanisation Labour force million Unemployment Literacy Income capita R725 PercentageoftotalGDP Legislature Northern Province FF NP ANC38 Source DevelopmentBank ofSouthern Africa Against dismal economic background North begun snail claims restitution filed January This figure below numbers expected province percent population living rural areas three separ homelands S DraftANCLand Tenure Reform Programme Unpublished October LandandAgriculturalPolicyCentre WORKINGPAPER24NT2 LANDREFORMRESEARCHPHASEONE PROVIN CIALOVERVIEW NORTHERNTRANSVAAL March Gazankulu Lebowa Venda NOTE IntheseSouthAfricancharts commasareusedinsteadofdecimal points Institute ofCurrentWorld Affairs ONEMAN ONEFARM There white farmers region owning seven farms blacks The government implement everyone wants access This expressed frustrated black farmer Pietersburg recent public meeting nized discuss Green Paper The Land Depart touring country allow public questions express their opinions policy proposals The Pietersburg meeting attracted approximately people mostly black listen Glen Thomas Department Land Affairs Restitu Division Essy Letsoalo Director Land Affairs Northern Province Office Tienie Burgers Provincial Department Agriculture plain different aspects Green Paper implications Province The questions comments audience mainly concerned process filing estitution claims questions about personal claims filed people planning Some participants criticized policy planned implementation For example The R15 enough money livestock commercial farming If getting small amount hectare plots allow subsistence This scheme willkeep impoverished What happens I written documenta thatwas taken Where government restitution redistribution expropriate white You thatwhere possible state parceled there enoughstateland tomeetthedemand Thegovernment white farmers ofthe daythe government willcome tomeand there isnomoremoneyandthat Imustpayad ditionaltaxes Iamthenpayingformyownland And nally What about redistribution You talking about identifying beneficiary groups every black person South Africa should consid beneficiary group Indeed wherever travels country questionofland isforemostonthemindsofthemajor population With percent rently owned percent population tempts provide equity ownership massive And anyone phatically eleven official languages Izwe Lethu Ilzwe Lethu Shango Lashu Naga Ya Rona NahaYa Rona Inarha Yethu Tiko RaHina Live Letfu Naga Ya Rena Ons Grond OurLand Credits Figures E Letsoalo Land Reform South Af ABlack Perspective Skotaville Publishers Johannes Republic South Africa Land Reform Data Map De partmentofLand Affairs GreenPaperOn SouthAfrican LandReform BarandPie graphs Editors Inc South Af Gl Bibliography SouthAfricanDepartmentofLand Affairs Green Pap South African Land Policy Pretoria Letsoalo Essy LandReform inSouthAfTica ABlackPer spective Skotaville Publishers Johannesburg Draft ANC Land Tenure Reform Programme Unpub lished October African National Congress The Reconstruction De velopmentProg A Policy Framework Umanyano Publications Johannesburg Land Agricultural Policy Centre Working Paper NT2 Land Reform Research Phase One Provencial Over Northern Transvaal March Currently white farmers average hectares while black farmers average hectares Glen Thomas response question You deeds office Pretoria trace title holders theland ButMr ThomasfailedtoinformthiswomanthatmostofthedeedsinPretoriawillshowthegovernment white landowner original title holders Manyblacks region archival documentation order interest their Institute Current World Affairs