Land reforms usually refer to land redistribution from the rich to the poor. The need for land reforms in South Africa is motivated by past injustices. The Natives land act of 1913 formalized the dispossession of black South Africans from their lands that began in earlier decades. In South Africa, there is a need for acceleration of land reforms to implement a redistribution program. Land reform is essential as it attempts to eliminate the past. The state has taken some legislative measures to advance land reforms, but the implementation of those laws and policies is taking a slow pace. Restitution of land rights amendment act of 2003 empowers the minister to expropriate land without a court order but these powers need to be extended to redistribution.
Disposition of land was central to colonialism and apartheid. Land reform programs should therefore take place but be adequately resourced to pay fair market compensation and fund new farmers to ensure the smooth running of the economy.
Land ownership in post-apartheid
The property is regulated by section 25 of the Constitution. This clause safeguards the land reforms and has some shortcomings in advancing the land reforms. Section 25 has two parts: Section 25 (1)(2) and (3) prevent arbitrary deprivation of property, and it provides that property rights may be expropriated for a public purpose and public interest and subject to just and equitable compensation.
Section 25(2) prevents land expropriation unless compensation is paid. The public interest includes the nation’s commitment to land reform and reforms to bring about equitable access to South Africa’s natural resources. The court analysis of history is important because it demonstrates its awareness of the urgent need for land reforms.
In Conclusion, I submit that Land reforms are necessary to correct the unjust of the past. The case of P.E Municipality v various occupiers proves that South Africans, Blacks in particular are still without land and that violates their rights to housing contained in section 26 of the constitution, right healthy environment and right to equality. The state has to find remedies that can be utilised to limit the violation of human rights and to provide solutions for land shortcomings.