The much anticipated Report of the High level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change was published on 22 November 2017.
The report draws attention to a number of serious problems with South Africa’s land reform programme and makes recommendations for how legislation can be used to address these challenges. In particular Afesis-corplan notes the following three issues raised in the report and strongly supports the associated recommendations.
- Efforts to redistribute land from whites to blacks (as required by section 25(5) of the constitution) has been exceedingly slow, and the target group for land redistribution has shifted away from the poor to a larger group that includes the more well off;
- People living in communal land areas, informal settlements, farms and in other off-register areas still do not have adequately secure land tenure as required by section 25(6) of the constitution; and
- Apartheid spatial patterns still persist more than 20 years after the new democracy with the majority of previously disadvantaged people still living in overcrowded former rural homeland areas and in informal settlements and townships on the periphery of our urban areas.
The report makes the following recommendations in an attempt to address these problems.
1. Develop a new Land Reform Framework Act
“The Panel proposes new framework legislation that …