n Law, Democracy & Development - A critical assessment of land redistribution policy in the light of the judgment

Volume 6, Issue 2
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



Dispossession and forced removal of people under colonialism and apartheid resulted not only in the physical separation of people along racial lines, but also in extreme land shortages and insecurity of tenure for much of the population. With the transition to democracy, expectations were high that a democratic government would effect a fundamental transformation of property rights that would address the history of dispossession and lay the foundations for the social and economic upliftment of the rural and urban poor. South Africa's 1996 Constitution, through the 'property clause' (section 25), provides the basis for a comprehensive reform of property relations, albeit within a liberal democratic framework that upholds the rights of all property holders.

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