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Analysis On Legal Transitions Of South Africa’s Land Reform Laws

Posted on:2014-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z S YangFull Text:PDF
GTID:2256330401985480Subject:International law
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South Africa has always been world famous for its rich mineral and land resourceswhich attracted investment from all over the world. With the development of China’seconomy, South Africa has gradually become the most important countries for Chineseenterprises to invest, especially some Sichuan enterprises.Therefore, the analysis of theland reform in South Africa has a strong application value. In the same time, it can alsoenrich the academic study of South African law which has a certain academic value.butland resources in South Africa has experienced the historical changes.From South Africahas its legal records, the allocation of land reform has been changing. Every law containsthe requirements and regulations of the government about the time on land allocation andtrading which has a very distinct political overtones.The history of land reform in South Africa, mainly divided into four periods, the firstperiod is the colonial period under in the United Kingdom and the Netherlands, in thistime, the law of the land in South Africa has a strong colonial rule characteristics, such asSouth Africa Act, but the government wanted plunder of mineral and other resources,as aresult, the control of the land and the distinction between treatment is not obvious, so lotsof emergence become rich indigenous businessman by buying or selling land and.The second period is the period of the Union of South Africa, because of the crazyexpansion of indigenous forces, the ruler of economic and political power has been aserious threat.Based on this background, the rulers begin to apply the law to regulate thebehavior of indigenous purchase and use of land, especially in strict limits on leaseholdland, while whites and indigenous separately treated differently in the legal sense. Theselaws include the1913Aboriginal Land Act,1936Bantu hosting and Land Act whichbasically laid the foundation of Africa’s apartheid land system,The third period is the reign of the white regime, this period is basically acontinuation and development of the previous period. The white regime increased restraintand seclusion on the economic, political, and all aspects of life for the people of SouthAfrica. For example, the Population Registration Act, Group Residence Act, as a result,the South African indigenous has the unfair treatment, which greatly widened the wealthgap between whites and indigenous and caused social unrest.The fourth period is the period of the new South Africa, which is the most importantperiod in the history of South African land reform, with the abolition of apartheid land system, the new South African government abolished a lot of unfair laws, and launched aseries of plugging the loopholes to save the status of land laws, including the land right ofreturn is the South African government recovered in order to re-indigenous land lost, andby way of compensation or purchased to give the land back to indigenous. The people ofSouth Africa has since ushered in a new starting point.South Africa’s land reform process is very tortuous, contains the rulers of the nationalmanagement philosophy and the attitude of the indigenous peoples, the law and theeffectiveness of each period has a different land laws, and play a different role in SouthAfrica’s political, economic and social development. With the land reform in South Africa,the South African indigenous experiencing a tragic past and a new future.
Keywords/Search Tags:South Africa, Land Reform laws, Apartheid Land System, Land Reform ofThe South Africa
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