The Rights and Wrongs of Land Restitution

The Rights and Wrongs of Land Restitution
Author: Derick Fay
Publisher: Routledge
Total Pages: 309
Release: 2008-08-18
Genre: Business & Economics
ISBN: 1134044216

The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

The Rights and Wrongs of Land Restitution

The Rights and Wrongs of Land Restitution
Author: Derick Fay
Publisher: Routledge
Total Pages: 516
Release: 2008-08-18
Genre: Law
ISBN: 1134044208

The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

Land, Memory, Reconstruction, and Justice

Land, Memory, Reconstruction, and Justice
Author: Cherryl Walker
Publisher: Ohio University Press
Total Pages: 350
Release: 2010-08-17
Genre: Business & Economics
ISBN: 0821419277

In South Africa land is one of the most significant and controversial topics. Land restitution has been a complex, multidimensional process that has failed to meet the expectations with which it was initially launched in 1994. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.

We Want What's Ours

We Want What's Ours
Author: Bernadette Atuahene
Publisher:
Total Pages: 207
Release: 2014
Genre: Law
ISBN: 0198714637

Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want What's Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.

Land Reform in Developing Countries

Land Reform in Developing Countries
Author: Michael Lipton
Publisher: Routledge
Total Pages: 473
Release: 2009-06-24
Genre: Business & Economics
ISBN: 1134863144

Redistributing land rights is a tricky subject and one that easily becomes controversial as recent experience has shown. This new book calmly examines the strengths and weaknesses of different forms of land redistribution.

Land Matters

Land Matters
Author: Tembeka Ngcukaitobi
Publisher: Penguin Random House South Africa
Total Pages: 328
Release: 2021-04-01
Genre: Political Science
ISBN: 1776095979

Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.

How Rights Went Wrong

How Rights Went Wrong
Author: Jamal Greene
Publisher: Houghton Mifflin
Total Pages: 341
Release: 2021
Genre: Law
ISBN: 1328518116

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Gaining Ground?

Gaining Ground?
Author: Deborah James
Publisher: Routledge
Total Pages: 523
Release: 2007-03-12
Genre: Law
ISBN: 1135308500

Gaining Ground? Rights and Property in South African Land Reform examines how land reform policy and practice in post-apartheid South Africa have been produced and contested. Set in the province of Mpumalanga, the book gives an ethnographic account of local initiatives and conflicts, showing how the poorest sectors of the landless have defied the South African state's attempts to privatize land holdings and create a new class of African farmers. They insist that the 'rights-based' rather than the 'market-driven' version of land reform should prevail and that land restitution was intended to benefit all Africans. However their attempts to gain land access often backfire. Despite state assurances that land reform would benefit all, illegal land selling and 'brokering' are pervasive, representing one of the only feasible routes to land access by the poor. This book shows how human rights lawyers, NGOs and the state, in interaction with local communities, have tried to square these symbolic and economic claims on land. Winner of the inaugural Elliott P. Skinner Book Award of the Association of Africanist Anthropology, 2008