Die invloed van 'n historiese ontwikkelingspatroon op hedendaagse wetgewing en grondhervorming : die wet op landelike gebiede (Wet 9 van 1987) en sy historiese probleme

[摘要] ENGLISH ABSTRACT:Nobody can deny the need which prevails among black South Africans of gainingaccess to land. In South Africa, just like elsewhere, the land issue plays an equallyimportant role to economic and political issues. However, the land issue is muchmore emotional, and has the potential to unleash forces which could impactnegatively on the economy and the political situation.Bearing this in mind, the ANC-government placed the issue of land reform on thenational agenda after assuming power in 1994. Within the broad framework of theprogram provision is made for previously disadvantaged people to be given accessto agricultural land. However, the focus on new entrants to the agricultural sectordiverts the attention somewhat from the fact that there are people and groupingswho were also disadvantaged under apartheid, but who have had a degree ofaccess to land.This study focuses on the 23 so-called Rural Areas which are scattered over fourprovinces (Western Cape, Northern Cape, Eastern Cape and the Free State) andwhich are administered in terms of the Rural Areas Act, Act 9 of 1987. Since thestudy is no more than an overview, a synopsis is given of contributing factorswhich relate to the origins of each of the areas. Of importance is the role whichwas played by missionary societies and others in establishing these communities.The mam focus of the study is the manner in which the Rural Areas wereadministered. Reference is made to relevant legislation since 1909, andspecifically to Act 9 of 1987. The importance thereof lies in the fact that theexistence and continued application of the Act has particular constitutionalimplications. Furthermore, the Minster of Land Affairs, who is responsible for theimplementation of the land reform program, is the (unwilling) trustee of these areas. Apart from the fact that trusteeship recalls paternalism of years gone by, theSouth African reality also necessitated reflection on the existence of Act 9.The rest of the study discusses the consultation process undertaken by thedepartment of Land Affairs with the communities concerned, and the writing oflegislation to replace Act 9. The Transformation of Certain Rural Areas Act, Act94 of 1998, will replace Act 9 when certain conditions mentioned therein, havebeen met. The Act will end trusteeship and ensure that the communities receiveownership of their land. This will be a movement towards the ideal of the landreform process of giving access to land to all inhabitants of the country.

[发布机构] Stellenbosch University