Reflections on the South African land reform programme : characteristics, dichotomies and tensions (part 2)

Pienaar, J. M. (2014-01)

CITATION: Pienaar, J. M. 2014. Reflections on the South African land reform programme : characteristics, dichotomies and tensions (part 2). Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2014(4):689-705.

The original publication is available at https://journals.co.za/content/journal/ju_tsar

Article

South Africa has grappled with land reform issues – superficially since 1991 and in-depth since 1994. Inevitably, questions arise as to whether the mechanics of intervention over time have indeed resulted in an aligned, sensible programme and whether a compelling argument can still be made to continue with land reform. In order to answer these questions, the “business of land reform” and the characteristics of the South African land reform programme also come into play. Given that the business of land reform is extremely complex in principle and requires a very particular approach in South Africa specifically, part 1 of this contribution illustrated that the land reform programme crafted and conducted here in South Africa is a rather unusual programme with particular characteristics concerning its origin, structure, mechanics and nature. In the second part of the contribution the focus shifts to the dichotomies and tensions inherent in the programme. This analysis is necessary in order to answer the question posed above, namely whether an aligned programme has indeed been crafted and whether, in light of the analysis that follows below, a compelling argument can still be made for continued land reform.

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