Loading...

JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

A critical assessment of land redistribution policy in the light of the Grootboom judgment

Volume: Volume 6(2) - 2002

Article type: Refereed article

Author/s: Lahiff, Edward and Sam Rugege

Edward Lahiff and Sam Rugege look at the governmentÆs land redistribution programme which seeks to give effect to section 25(5) of the Constitution. Analysing the constitutional, legislative and policy framework for redistribution the authors consider (in light of the Grootboom judgment) whether the land redistribution programme is reasonable.

Their key findings are that current land redistribution policy is not adequate to effect a fundamental transformation in land holding and that no specific provision has been made for people in desperate need. To achieve these objectives, the authors argue, a more interventionist approach is needed by the state, especially in proactively acquiring land in areas of high demand. New mechanisms will also be required to make land available more rapidly for large- and small-scale agriculture as well as for residential purposes.

About the author/s

Edward Lahiff

Senior lecturer, Programme for Land and Agrarian Studies (PLAAS), University of the Western Cape

Click here for biographical detail and publications listing

Sam Rugege

Associate Professor of Law, University of the Western Cape

Click here for biographical detail and publications listing

Click to view and download article

law library 01