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In this thesis I investigate the manner in which land was occupied in the Cape Colony by pastoral indigenous communities, colonial governments and non-indigenous settlers, and the significant role these patterns of occupation played in the development of land law in the colony until the end of the nineteenth century. This investigation shows that pastoral indigenous communities had customary law rights in the land they occupied as grazing in terms of their customary law systems long before the colonial period commenced. These communities were gradually dispossessed of these rights during the colonial period. Non-indigenous persons occupied and obtained rights in land in terms of the domestic law system that was developing in the colony. They dispossessed indigenous communities of their customary law rights in land used as grazing when they occupied it for agricultural purposes. However, their rights in land used as grazing were very similar to the customary law rights of indigenous communities in such land. Consequently, a system of overlapping occupation of land used as grazing developed, particularly in the Northern Cape. The domestic land law system of the Cape Colony was gradually abolished by reforms introduced by the British colonial government after 1813. These reforms were aimed at transforming land in the entire Cape Colony into an asset that could be exploited for the benefit of the British Empire. By introducing the English common law doctrine of tenures the British colonial government could claim all waste land as private law property of the Crown. The actual dispossession of land used as grazing by pastoral indigenous communities was caused by legislation adopted in the colony during the nineteenth century. Under the present constitutional dispensation this type of legislation is regarded as racially discriminatory. The purpose of this thesis is to show that to address and reverse the effect of dispossession of the customary law rights in land of pastoral indigenous communities the constitutional land reform programme must be extended to include measures to rectify the dispossession of such rights. This approach ensures that colonial dispossession of land is also addressed, not only dispossession caused by apartheid legislation.
In this thesis I investigate the manner in which land was occupied in the Cape Colony by pastoral indigenous communities, colonial governments and non-indigenous settlers, and the significant role these patterns of occupation played in the development of land law in the colony until the end of the nineteenth century. This investigation shows that pastoral indigenous communities had customary law rights in the land they occupied as grazing in terms of their customary law systems long before the colonial period commenced. These communities were gradually dispossessed of these rights during the colonial period. Non-indigenous persons occupied and obtained rights in land in terms of the domestic law system that was developing in the colony. They dispossessed indigenous communities of their customary law rights in land used as grazing when they occupied it for agricultural purposes. However, their rights in land used as grazing were very similar to the customary law rights of indigenous communities in such land. Consequently, a system of overlapping occupation of land used as grazing developed, particularly in the Northern Cape. The domestic land law system of the Cape Colony was gradually abolished by reforms introduced by the British colonial government after 1813. These reforms were aimed at transforming land in the entire Cape Colony into an asset that could be exploited for the benefit of the British Empire. By introducing the English common law doctrine of tenures the British colonial government could claim all waste land as private law property of the Crown. The actual dispossession of land used as grazing by pastoral indigenous communities was caused by legislation adopted in the colony during the nineteenth century. Under the present constitutional dispensation this type of legislation is regarded as racially discriminatory. The purpose of this thesis is to show that to address and reverse the effect of dispossession of the customary law rights in land of pastoral indigenous communities the constitutional land reform programme must be extended to include measures to rectify the dispossession of such rights. This approach ensures that colonial dispossession of land is also addressed, not only dispossession caused by apartheid legislation.
Keywords: history, surveying, land tenure, land rights, cadastre, cadastral, professionalism, law, land administration, land policy, land boundaries, river, bank, high water mark, high-water mark, estuary, ICMA, mineral rights, international law, maritime zone, marine spatial planning, diagram, general plan, lease, sectional title, case law Explaining the principles of cadastral law and interpretation in practice, this is the first publication of its kind in over 45 years. It as a comprehensive text for aspiring and practicing professional land surveyors, those in the real property business, and those involved in land administration. Written for the South African practice environment, it will also be of interest to an international audience. The authors’ approach is progressive with the intent to inspire development to meet the needs of our society for secure land tenure for all. A broad range of topics are included: historical roots of tenure in the ancient world, the early development of the cadastre in South Africa, and development of the land surveying profession and professionalism. This provides context to the discussion on land law, tenure and rights; on legal institutions, on land administration, as well as government policies and reform imperatives. Defining property boundaries of rights in space is a particular challenge of the cadastral land surveyor. The chapters on the definition of beacons and boundaries cover a broad range of onshore and offshore application environments. They span the extent of ownership and limited real rights within the sovereign area of the Republic of South Africa. These environments include the air, the land surface and subterrestrial; coastal waters, and the sea bed. Particular attention is paid to complex river and coastal property boundaries. Case law is a key driver for changes in legislation and is also highly directive in terms of practice. The final chapter of the book is dedicated to a themed exploration of case law relating to beacons, boundaries, evidence, rights and restrictions. Cadastre: Principles and Practice will be an important addition to your professional bookshelf. Order it here: https://www.sagi.co.za/product/cadastre-principles-and-practice/
This book provides a novel in-depth study of the early pandemic response policy at the intersection of political economy and law. It explores: (1) whether the responses to COVID-19 were democratically accountable; (2) the ways in which new surveillance and enforcement techniques were adopted; (3) the new monetary and fiscal policies which were implemented; (4) the ways in which employed and unemployed persons were differently impacted by the new policies; and (5) how companies were economically sustained through the pandemic. A compelling look at what happens to societies when disaster strikes, this book will be of interest to legal scholars, political scientists and economists.
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
The report highlights the long history of commodification of land and labour in Ghana, linked to speculative activities and more recently to the activities of international capital, agribusiness, international agricultural centres, and agencies of the state. It makes the case for a new land, agrarian and natural resource regime that prioritises domestic economic needs to provide security of livelihood to the generality of the people.
The Cape Herders explodes a variety of South African myths - not least those surrounding the negative stereotype of the 'Hottentot', and those which contribute to the idea that the Khoikhoi are by now 'a vanished people'.
Native Life in South Africa (1916) is a book by Solomon T. Plaatje. Written while Plaatje was serving as General Secretary of the South African Native National Congress, the work shows the influence of American activist and socialist historian W. E. B. Du Bois, whom Plaatje met and befriended. Using historical analysis and firsthand accounts from native South Africans, Plaatje exposes the cruelty of colonialism and analyzes the significance of the 1913 Natives’ Land Act. “Awaking on Friday morning, June 20, 1913, the South African Native found himself, not actually a slave, but a pariah in the land of his birth.” Native Life in South Africa begins with the passage of the 1913 Natives’ Land Act, which made it illegal for Black South Africans to lease and purchase land outside of government designated reserves. The act, which was the first of many segregation laws passed by the Union Parliament, was devastating to millions of poor South African natives, most of whom relied on leasing land from white farmers to survive.Native Life in South Africa is a classic of South African literature reimagined for modern readers.