COMMUNAL LAND RIGHTS ACT 11 OF 2004: OVERVIEW, INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION GUIDELINES

Abstract

In order to locate communal tenure reform within the context of the constitutional imperative to bring about wide-ranging land reform with reference to access, control, gender, management, categories of rights, security of tenure, and restoration, this note gives a brief summary of the focus of the three land reform programmes, the status quo in respect of each, the major gaps, and the absence of a hands-on implementable comprehensive strategy for land reform support in South Africa (especially at provincial and local government level). This is followed by an overview of the background to, and the contents of, the Communal Land Rights Act 11 of
2004. As regards the communal tenure reform programme, cognisance is taken of the need for all-encompassing, appropriately co-ordinated structures and related systems and programmes (including sufficient human, financial, infrastructural and other resources) that would, if effectively implemented, result in the sustained transformation of land control (and the concomitant security of tenure), significant and enduring improvement of quality of life for the millions of South Africans who occupy traditional community areas, and the improvement of agricultural output. In conclusion, ten key implementation steps as well as a number of challenges are listed.