Aspects of the law relating to the allocation of agricultural land in Bophuthatswana

Abstract

Development activities in Bophuthatswana are usually influenced by the existence of different land rights and land tenure systems. The nature of these rights are dependant on the laws which govern the allocation of different types of land and ultimately influence the utilization of land for, inter alia, specific development purposes. The allocation and utilization of land are regulated by tribal, common and statute law developed over many years. These laws are, however, often inadequate to meet the demands of well planned, integrated development strategies. Individual and national development needs, as well as official government policy, call for amendment to the existing laws relating to the allocation and utilization of especially. agricultural land. The object of this discussion is to expose some aspects of existing laws which lay down the limits within which planning and development must take place at present and further reveals efforts by the legislature to participate in planning and implementation of a more effective land use strategy, such as introduced by way of the Allocation of Agricultural Lands Acts, Act 20 of 983, as amended.

Notes

Professor of Law, Department of Mercantile Law, University of Bophuthatswana, Mmabatho.