Redressing the Legacy of Land Dispossession in Mapungubwe
摘要
Section 25(7) of the Constitution of the Republic of South Africa, 1996, and provisions of the Restitution of Land RightsRestitution of Land Rights Act 22 of 1994 provide a legal framework for individuals and communitiescommunities to seek restitution for being evicted from their properties via racially based laws during colonialismcolonialism and the apartheidapartheid era. This chapter sought to explore how the previous inhabitants of the Dongola region, who lost their landland due to historical racially biased laws or practices, have utilised the Constitution and the Restitution of Land Rights Act to pursue restitution. The research revealed that the entirety of Mapungubwe National ParkMapungubwe National Park, along with the adjacent private land, has been asserted as claimed, predominantly by the MacheteMachete and TshivhulaTshivhula clans. Despite the claims being submitted to the Land Claim CommissionLand Claim Commission before the cut-off date of 31 December 1998, the land claims remain unresolved after 27 years of waiting. Unfortunately, the government is failing to fulfil the promises that were made to people. The fundamental principles that direct South Africa’s land reformland reform policy following apartheid—namely the pursuit of justice, reconciliation, economic development, and enhanced livelihoods as the desired results of land reform—are solely detailed in the White Paper on South African Land Policy. Unfortunately, this has not been realised in the Mapungubwe region. This chapter concludes that unless there is a radical shift in policy and practice that can align with decolonisation efforts in South Africa, the land reform programmeland reform programme will not address the needs of those who were historically dispossessed of their land, and those who are poor and landless.