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CMDV203 OF 2023 LECTURE 7a THEORIES OF LAND REFORM

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CMDV203 OF 2023 THEORIES OF LAND REFORM
Reading: Simon Hull, S., Kehinde Babalola, K & Jennifer Whittal, J. (2019) Theories of Land Reform and Their Impact on Land Reform
Success in Southern Africa MDPI.
Key concepts to master:
a)
b)
c)
d)
African customary law
Customary Land Tenure
Customary tenure – Holding & commons.
Land rights
No. Theory
1
Conservative
Theory
(Read page 7- 8)
No. Theory
(Read page 2 – 4 only).
Tenets
 The reservation of customary tenure.
 An African view of land and its uses
 Traditional leaders prominent in land
administration/distribution

Tenets
Suitability/non-suitability for SA (Justification)
Suitability/non-suitability for SA (Justification)
2
Democratic
adaptation
Theory
(Read page 7 –
8 only).
 Respecting and clarifying existing, legitimate land rights
 Improving gender equity, accountability and democracy in land
matters
 Building on existing customary practices

No. Theory
3
Hybrid adaptation
Theory
(Read page 9)
No. Theory
4
Incremental
adaptation Theory
(Read page 9 - 10 )
Tenets
 Combination of statutory and customary arrangements
 Participatory approach in which communities decide which
rights are recorded
Tenets
o Titles are a long-term objective Extra-legal,
o Off-register practices recognised as legitimate
o Spontaneous titling according to need
o
2
Suitability/non-suitability for SA (Justification)
Suitability/non-suitability for SA (Justification)
No. Theory
5
Incremental
replacement
Theory
(Read page 9 - 10
)
Tenets
 Titles are the desired end state
 Customary tenure provides sufficient tenure security
 Legal recognition of customary tenure and adjudication
practices
Suitability/non-suitability for SA (Justification)
No. Theory
6
Evolutionary
replacement
Theory
(Read page 10)
Tenets
Suitability/non-suitability for SA (Justification)
Land rights spontaneously evolve towards individualisation
Titles are required for tenure security
3
No. Theory
7
Collective
replacement
Theory
(Read page 10 - 11
)
Tenets
 Nationalisation of all land/collective farming villages
 Equitable distribution of resources and services
 Democratisation of traditional leadership
 Improved productivity and self-reliance
Suitability/non-suitability for SA (Justification)
No. Theory
8
Systematic titling
Theory
(Read page 11 - 12
)
Tenets
 Titles are required for tenure security
 Titling leads to economic development
 Customary tenure must be replaced
Suitability/non-suitability for SA (Justification)
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