In this case, which was  heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment  Act 15 of 2014  was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be  lodged. However, the court found that the Parliament did not sufficiently  consult with key stakeholders including those who had successfully  lodged claims under the previous Act of 1994. 

Inclusive businesses (IBs), embodying partnerships between commercial agribusinesses and smallholder farmers/low-income communities, are considered to contribute towards rural development and agricultural sector transformation. Structured as complex organizational set-ups consisting of, and overcoming the limitations of, standard inclusive instruments (collective organization, mentorship, supply contract, lease/management contract and equity), they allow for the inclusion of smallholders and low-income communities into commercial agricultural value chains.

Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

The extent of land dispossession of the indigenous population in South Africa, by Dutch and British settlers, was greater than any other country in Africa, and persisted for an exceptionally long time. European settlement began around the  Cape of Good Hope in the 1650s and progressed northwards and eastwards over a period of three hundred years.

At the first conference on land redistribution in South Africa, held in Johannesburg in 1993, Cyril Ramaphosa, the then secretary general of the ANC, noted that South Africa is not unique in its unequal land distribution but rather in the policy measures that have led to this situation (ANC, 1993). In contrast to most other countries with unequal land distribution, South Africa has a history of specific racial policies with clear implications for land distribution and ownership.

At the end of Apartheid, approximately 82 million hectares of commercial farmland (86% of total agricultural land, or 68% of the total surface area) was in the hands of the white minority (10.9% of the population), and concentrated in the hands of approximately 60,000 owners (Levin and Weiner 1991: 92). Over thirteen million black people, the majority of them poverty-stricken, remained crowded into the former homelands, where rights to land were generally unclear or contested and the system of land administration was in disarray (Hendricks 1990; Cousins 1996; Lahiff 2000).

To enable communities to form juristic persons, to be known as communal property associations in order to acquire, hold and manage property on a basis agreed to by members of a community in terms of a written constitution; and to provide for matters connected therewith. (English text signed by the President.)

Peru has formalized property rights for 1,200 indigenous communities in the Amazon. These titled indigenous lands cover over 11 million hectares and represent approximately 17% of the national forest area. Progress has been possible due to multiple reforms that recognized indigenous rights to collective lands, a process characterized by complex and protracted conflicts among competing interests, shifting government priorities and continued resistance by indigenous people to contest efforts that undercut their interests.

To provide for security of tenure (land) of labour tenants and those persons occupying or using land as a result of their association with labour tenants; to provide for the acquisition of land and rights in land by labour tenants; and to provide for matters connected therewith. WHEREAS the present institution of labour tenancy in South Africa is the result of racially discriminatory laws and practices which have led to the systematic breach of human rights and denial of access to land

To amend the Restitution of Land Rights Act, 1994, so as to insert certain definitions; to effect certain textual improvements; to provide that no person shall be entitled to enforce restitution of a right in land dispossessed if just and equitable compensation was paid; to provide for the appointment of certain organisations to advise the Commission on Restitution of Land Rights, to facilitate meetings of interested parties and to mediate and settle disputes; to require the leave of the Land Claims Court for the lodging of a claim in respect of land in certain circumstances; to alter the p

To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land
Rights and a Land Claims Court; and to provide for matters connected therewith.

What does the future hold for South Africa’s confused, conflictual and stagnant land reform process? Can it be turned around and make a real contribution to changing our economy and society? Or will it be hijacked by narrow self-interest, or stymied by state incapacity? These are just a few of many different possible storylines about potential 'futures' for land reform that were discussed by about 80 participants ina meeting to kickstart a scenario planning process for South Africa's land reform,at the Gordon Institute for Business Science (GIBS) in Johannesburg yesterday