oa ESR Review : Economic and Social Rights in South Africa - Reforming communal land tenure in South Africa : why the draft Communal Land Rights Bill is not the answer : legislation and policy



Extracted from text ... ESR Review ? Vol 3 No 3 7 Legislation Legislation Legislation Legislation Legislation and Policy and Policy and Policy and Policy and Policy T he long-awaited draft Commu- nal Land Rights Bill (the draft Bill) sets out the government?s proposals for resolving urgent land tenure problems in the former ?homeland? areas. The draft Bill has special significance for rural South Africans, most of whom still live in homeland areas, where land is registered in the name of the state. Land tenure problems derive from a lack of adequate legal recognition of communal tenure systems, abuse by powerful elites, the ..


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