Communal tenure in South Africa has had rises and falls in favour. This section will look at the issue from a pragmatic perspective of choice. This involves assessing what issues inform whether South Africa can chose either to replace or to ignore communal tenure by analysing what is likely to remain the same politically, socially and economically for the foreseeable future and what the forces are changing this situation. This assessment then allows us to assert some practical, general principles that inform the two projects with which this paper is concerned. 

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.)

All land in Zambia is vested in the president, in trust for the people of Zambia, under the Land (Conversion of Titles) Act, 1975 (see p.16), SECTION4.The president has delegated landadministration to the Commissioner of Lands under Statutory Instrument No. 7 of 1964 and GazetteNotice No. 1345 of 1975, as amended. Land in Zambia is divided into State (formerly crown),Reserve, and Trust Lands, as well as park reserves.

The Government of Zambia is embarking on an ambitious program of legal and administrative reforms in land policy. Although the need to liberalize the land market is universally shared, the ideas on how to accomplish this transformation are not. Two decades of underinvestment in field research have resulted in the present situation of micro-level data on land tenure and farm-level production, consumption, and resource management inadequate to guide policy decisions.

To provide for the restitution of rights in land in respect of which persons or communities were dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith.

To provide for the temporary protection of certain rights to and interests in land which are not otherwise adequately protected by law; and to provide for matters connected therewith

An Act to convert Government leaseholds into rights of occupancy, to disapply the Freehold Titles (Conversion) and Government Leases Act, 1963 and to provide for related matters. 

Abstract