Land reform in the shadow of the state: The implementation of new land laws in Sub-Saharan Africa

The importance of effective implementation of new land laws and the difficulties associated with it are alluded to in almost every recent piece of writing on African land reform. However, the process of implementation has remained neglected and little theorised. Drawing on a body of political science and policy studies literature which considers implementation and the difficulties to which it gives rise, this paper will attempt to advance a critical approach to the role of law in altering land relations in Africa. It will use the experiences of Tanzania, Uganda and South Africa to illustrate that, while some barriers to implementation are easily identified, and therefore receive relatively more attention, there are other important factors which might hamper attempts to change land relations. It is usual to understand land reform as direct state intervention in property relations. However, this paper will argue that the capacity of the state in Africa to carry out land reform is severely limited. The paper therefore attempts to identify an altogether different set of actors in the reform process. Its starting point will be the observation that land reform may take place less as a result of direct state action and more as a consequence of the actions of private individuals within the state.