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“Communal land belongs to the people, not to the chiefs” – DailyMaverick

05 April 2017 

By Thiyane Duda

“…This notion that traditional leaders own land is a misleading distortion that downplays the strong family-based ownership rights that exist in terms of customary law. Most such land is registered in the name of the Government of South Africa and is subject to the underlying ownership rights of the families who have occupied and used it for generations. Section 25(6) of the Constitution clearly states that those whose rights to land are insecure because of past discriminatory laws and practices are entitled to security of tenure. Yet government has in contravention of section 25(9) of the Constitution failed to enact a law that gives effect to this right. Currently, it seems the relevant government officials and departments who have the responsibility and power to clarify this issue are not yet ready or willing to do so; instead, they perpetuated the idea. The question then is why is government propagating this idea instead of disproving it?…” – Daily Maverick

Read the full article from Daily Maverick.

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