Land Matters: South Africa’s Failed Land Reforms and the Road Ahead

by Tembeka Ngcukaitobi

Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track?

In his new book, Tembeka Ngcukaitobi tackles these questions and more. Going back in history, he shows how Africans’ communal land ownership was used by colonial rulers to deny that Africans owned the land at all. He explores the effect of the Land Acts, Bantustans and forced removals. And he considers the ANC’s policies on land throughout the 20th century, during the negotiations of the 1990s, and in government.

Land Matters unpacks developments in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also considers the power of chiefs, the tension between communal land ownership and the desire for private title, the failure of the willing-buyer, willing-seller approach, women and land reform, the role of banks, and the debates around amending the Constitution.

Thoughtful and provocative, Land Matters sheds light on one of the most complex questions in South Africa today.

Genres: Politics, South Africa, Nonfiction, Africa, History, Law

Audible Audio

First published January 1, 2021

Reviews

[Carolien · Rating 4 out of 5]

In Land Matters, Advocate Tembeka Ngcukaitobi sets out to review the state of land reform in South Africa. In his own words land reform should reconcile three issues: correcting historical wrongs, confronting the persistent inequities of the present and securing an equality-based future. The first section of the book focuses on the origins of property dispossession of Black persons during both the apartheid and colonial eras. The second section details the development of the African National Congress’s (ANC) position on property. As private property rights historically became associated with the franchise, this resulted in an ANC policy which aimed to expand private land ownership.

The third section of the book provides an unflinching overview of progress with the land reform programme since 1994 based on the key tenets of restitution, redistribution and tenure reform. While the complexity of the situation is acknowledged, shortcomings which relate to inefficiencies, corruption and bureaucracy are highlighted. A number of structural issues in the initial design of the land reform programme are dissected including limitations to determine land values, identifying suitable land and how the selection of beneficiaries have had very little impact on addressing poverty and largely excluded women from the process.

The final section of the book deals with the matter of expropriation without compensation in which it is argued that the current wording of section 25 in the Constitution already allows for no compensation. The proposed changes in the wording are superfluous, but may serve a political purpose.

As in his first book, I have learned more about events in South African history and their impact on our current society. If you want to understand the historical context of land dispossession or make constructive arguments in debates on land reform, this book is essential reading.

[Eve · Rating 4 out of 5]

“Land reform should reconcile three intersecting currents: correcting historical wrongs, confronting the persisting inequities of the present, and securing an equality based future”
I consider this book to be required reading for a holistic understanding of how apartheid and colonialism have systematically deprived black South Africans of their rightful land. Not only that, but the book discusses just and equitable land reform, redistribution and expropriation through our constitutional lens and dives deeply into the issues we currently face and how we got there.

It suggests solutions to the issues raised as well as nuanced arguments around each pertinent issue plaguing land reform and redistribution today as well as practically how the multilayered and complex systems that need to be navigated work.

It also speaks on the rise of western capitalism and neoliberalism and how that influenced the ideology of the ANC after the 1994 elections as well as what has been done since then in order to further the goals of restitution, and what we have failed to achieve. Ultimately it highlights our need for laws that “embed justice. Laws that correct the past. Laws that secure the future. It is this version of the rule of law for which we should continue the struggle. There can be no struggle for the return of land without the rule of law.”
The book also discussed the harm in placing private property as the gold standard for land reform and how that idea is counterintuitive to progress.

I could go on and on but really you should just read it as my review really doesn’t do the scope that this book covers justice

[Laurent Balt · Rating 4 out of 5]

A very well researched exposition of the history and future of land tenure in South Africa.

[Ed Stoddard · Rating 4 out of 5]

An excellent, thought-provoking and unsparing look at a thorny and politically explosive issue. Stay tuned for my longer review in DM168 and Business Maverick ...

[L Power · Rating 5 out of 5]

A Shift From Opinions and Rhetoric to Facts

I have been doing my best to understand this big debate topic around Land(Expropriation without compensation) and what the role of the Constitution is in the matter.

I am grateful to
Tembeka for his wisdom and deep insights in making it clear where we come from,where we are and where we should be heading as South Africa around the land matter.

My conclusion is that the book should be included in our South African History education curriculum. Let it be taught in the schools for the next generations to know their nation's history and not be led by opinions or be found in ignorance.


This book is a masterpiece.

[Sammy · Rating 3 out of 5]

While the content is well written and extensively researched, Prof Ngcukaitobi writes in a style that is similar to legalese. Quotes are embedded in more quotes and the mentioning of one legal document is embedded in more mentioning... This is not a book for casual reading. I find it best to sit down with a pen and have Wikipedia ready in front of me. Be prepared to read back and forth just to understand where the author is going, as he can be obscure at times.

[Hanneke · Rating 4 out of 5]

Superclear book on the backgrounds of current land reform problems in South Africa. Practical and insightful, realistic and nuanced.

[Ntuthuko Sokutu · Rating 5 out of 5]

The vital premise of Land Matters is the correction of a false history as told by colonial powers. Tembeka Ngcukaitobi hasn't written this to create a "gotcha" moment; instead, the use of impeccable research sends home the fact that for change to be realized, we must first understand the reason for that change and why it is a matter of necessity, rather than a revenge plot.

The denseness of constitutional law is balanced amazingly (demystifying Section 25 in a way that actually makes sense) and breaking it down into an educational roadmap, that doesn't need you to have a law degree to understand. Colonial myths are quickly neutralized by archival facts, proving that you cannot build a just future on a distorted past.

You could say that this book is really more about justice and less about land. If you want to move beyond the smoke screens and understand the actual mechanics and necessity of transformation in South Africa, this is the book to read.

[Tahla Ntshakaza · Rating 4 out of 5]

An eye opening read. As a black South African I do believe the country sits at a crossroads. With the crippling poverty, unemployment, corruption and blame we are far from getting back the land that was stolen.

I am in awe at how the apartheid system still affects black people today and how the people who stole the land are in very much still in control. As the most unequal society in the world, the politics, the segregation that still exists it is so complicated I feel quite despondent for the future of the country.

[Naomi · Rating 5 out of 5]

I felt like the perfect audience for this book - it's very readable, provides a good historical background of land dispossession in South Africa (both from colonialism and apartheid), has a strong legal bent with jurisprudence, and a somewhat radical perspective on the importance of land redistribution.

[Hanna Vioque]

Very informative. Enjoyed the references to literature, including "The Discarded People" by Cosmas Desmond, as well as to journalistic works of the time, which gives an inherently personal view of the issues despite the legalese backdrop of Acts which underlies the dispossession.

[Aisha · Rating 4 out of 5]

A great insight into the South African history of land ownership and land theft. Easy to understand, this book analyses the past to make sense of the present, in an effort to change future issues around land and land redistribution. More people should read this book.

[SomeAfricanPhilosopher · Rating 5 out of 5]

Ngcukaitobi masterfully deals with the issue of land reform in South Africa. Naking the reader step-by-step from the past to the current and suggesting a few changes for the future.

A great read for people who are interested on the subject.

[Janine Tilley · Rating 5 out of 5]

Essential reading for all South Africans, written in an accessible way. This is a devastating but important read.

[Iwe · Rating 5 out of 5]

I have opinions. but I love it.

[Reinher Behrens · Rating 4 out of 5]

There will never be a peaceful and just South Africa if the Land Issue is not resolved!