1 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)