A CASE STUDY OF LAND RESTITUTION POLICY IMPLEMENTATION IN THE COMMUNITY OF BANOGENG

Abstract

For its role in discharging its responsibilities of ensuring an equitable distribution of land to the previously discriminated-against population groups in South Africa, the African National Congress (ANC) pressed for a land reform programme. To that end, the restitution programme was conceived once the ANC was in government, with the aim of ensuring equitable access to land by all South Africans. Restitution is a rights-based programme. Individuals and communities who qualify for restitution – in accordance with set criteria as stated in section 2(1) of the Restitution of Land Rights Act 22 of 1994 – have a right to have their land restored to them or be compensated for the past transgressions they suffered as a result of racially motivated legislation (Hall, 2003). It is a right that is given impetus and is established by section 25(7) of the Constitution of the Republic of South Africa, 1996. This research report focuses attention on the implementation of the restitution policy programme as it pertains to the Banogeng community of the farm originally known as “Rietfontein No. 7”, which is situated near the town of Lichtenburg in the North West province of South Africa. The argument maintains that a holistic approach that encompasses infrastructure development and an appropriate legal framework is needed in order to effect a meaningful policy intervention and improvement in the quality of life of those earmarked to benefit from the programme. A case study approach is used to investigate the implementation of restitution policy. Using a combination of interviews, documentary research and direct observation the study assess the extent to which implementation of policy has benefited the community or not, highlighting the complexities of land reform in an emergent democracy. The findings of the study reveals that although progressive legislative measures exists to ensure that land is returned to those who were previously dispossessed as a result of racially discriminatory laws, empirical evidence suggests that measures currently being implemented to facilitate development imperatives are inadequate to address the post-settlement complexities which are essential for socio-economic development needs of iv the beneficiaries of land restitution and thereby creating conditions to foster reconciliation and social cohesion