Has the law failed? The inarticulate connection between legislation and historical reports in Land Claims investigations in KwaZulu-Natal

Whelan, Deborah (2016) Has the law failed? The inarticulate connection between legislation and historical reports in Land Claims investigations in KwaZulu-Natal. In: 2nd Symposium on Regional History Studies in South Africa, 25 November 2016, Monte Vista Hotel, Krugersdorp.

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Item Type:Conference or Workshop contribution (Presentation)
Item Status:Live Archive

Abstract

Act no 22 of 1994 promulgated a critically important legislation allowing for 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. The Restitution of Land Rights Act as it was titled was firm about the conditions which entitled claimants to lodge a claim and in return, be compensated financially or be offered compensatory State owned land. Whilst these clauses have long been amended, what is evident is that the original legislation and its subsequent versions have missed critical issues in legislating for assessing valid dispossession. Further, the manner in which the Land Claims Court currently addresses the issues of these claims increasingly allows for restitution beyond the original dispossession, effectively minimising the value of historical reports. This paper will discuss this disarticulation, in the hope that discourse can begin to address the future of investigating land issues, or whether wholesale restitution is the only option.

Keywords:Land claims, KwaZulu-Natal, South Africa, Historical reports
Subjects:V Historical and Philosophical studies > V253 Southern African History
L Social studies > L610 Social and Cultural Anthropology
Divisions:College of Arts > School of Architecture & Design > School of Architecture & Design (Architecture)
ID Code:29031
Deposited On:15 Nov 2017 07:27

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