Epilogue: The State and the Land, 2013–2014
Published online by Cambridge University Press: 20 February 2020
Summary
South Africans commemorated the 100th anniversary of the passing of the Natives Land Act, 1913 (hereafter the Land Act) during 2013. Generally, speakers on 19 June 2013 and newspaper columnists condemned the Land Act and its impact, often in strong terms (the word dispossession was frequently used) specifically identifying it as a foundation for apartheid policies. Hardly anyone was aware of the facts included in this book.
As part of the recognition of this important anniversary, conferences and exhibitions were organised during the year. The government trumpeted the number of land claims settled between 1998 and 2013, but also announced a bill to reopen the claims process. Nevertheless, critics cited problems with the restitution process and complained that land reform efforts, which have become intertwined with the restitution process, have failed to achieve anticipated goals.
In the Preface, I discussed the constitutional mandate and the Restitution of Land Rights Act, 1994 (hereafter the Restitution Act) which were designed to guarantee either a return of land or compensation to Africans who lost their land to apartheid expropriations and forced removals or to discriminatory actions between 1913 and 1948. The Restitution Act, attempting to correct past injustices, established 19 June 1913 as the beginning date for possible claims. The deadline for submitting land claims was 31 December 1998. The government created a Land Claims Commission to evaluate claims and a Land Claims Court to adjudicate disputes over commission decisions and other matters.
According to the latest data available, the government received 79,602 claims; 69,119 were urban claims (86.8%) and 10,483 rural claims (13.1%). A very large number of claims have been settled and their implementation has been finalised, but for 20,592 claims, although accepted as valid by the Commission, the settlements are still in process and the claimants have not yet received title to their land. A total of R23 billion has been spent on restitution, R7.6 billion to compensate claimants and R15.4 billion to buy land to return to those who lost it.
Verification of claims was a tedious, time-consuming and complicated process for many reasons.
- Type
- Chapter
- Information
- Our Land, Our Life, Our FutureBlack South African challenges to territorial segregation, 1913-1948, pp. 169 - 171Publisher: University of South AfricaPrint publication year: 2015