Page 75 - Litigating Land and Housing in South Africa: Lessons and Reflections

rentals Municipalities also baulked at at the the idea of get- ting involved in in in in in land reform something that they pre- ferred to be a a a a a a a a a a a a national and and provincial competency only When a a a a a a a a a a a a commercial farm operation in in in the wealthy wine town of of Stellenbosch decided to to sub-lease 65 hectares of of the the the the commonage that they were leasing from the the the the municipality to to to upcoming black farmers the the the the the LRC was was asked to to to to become involved The brief was was to to to to secure the the the tenure rights of the the farmers but also to to to develop it as as as a a a a a a 6 3 2 Legal principles
model for for how land land reform might work on
on
commonage land land across the the country The Stellenbosch Municipality owns some of of the the the largest tracts of of high value Municipal Municipal commonage land land in in in the the the country – 1700 hectares worth in in in in the the the the vicinity of of R1 5 Billion This land land was granted free of of charge to the the the Municipality during the the the 1800’s Early on
on
on
the the the the LRC realised that securing the the the the rights of of individual farmers in in in in in in communal arrangements on
on
on
commonage land land land and and and and and in in in in in in in in in other land land land reform reform projects projects will be critical in in in in in in in in in ensuring the the the the the success of of of of land land land reform reform projects projects It means determining who gets how how much of of of of of what – and and and and and and how how to enforce that Part of of of of of the the the the the the determination determination process concerns working out a a a a a a a a a a a a a a a a a a a a procedure for for for for the the the the the the allocation of of of of of rights rights and and and then allocating it it The key part of of of of of “determination” the the the the the the LRC argued concerns the the the the the formalisation of of of o the the the the the rights rights rights into legally enforceable terms while considering family and and and community interests Where a a a a a a a a a a a a a a a redistribution land reform project project generates profits for for for for distribution distribution rights rights rights determination would involve ensuring that the the rights rights to to to to receive such benefit are defined Members o of o of a a a a a a a a a a a a a a a a a project project may decide not to to to to distribute profits but but but allocate fit fit it it it it towards the the the payment of o of of bursaries community facilities and and preferential access to to to to employment opportunities Even in in in in in in in in in such cases the the the the the determination determination o of of of rights rights remains pivotal When land redistribution projects are reviewed therefore rights rights rights determination determination is is crucial in in in in in in in in in in in assessing the the the the the success of of the the the the the project project in in in in in in in in in in in respecting protecting promoting and fulfilling the the members’ rights rights 6 3 3 3 3 Working with clients
Peter Stone Stone was born 60 years ago in in in in Jamestown a a a a a a a a a a a a a a working-class village outside Stellenbosch home to to to to the highest number of of of of millionaires per square kilometre in in in in in in South Africa Stone Stone comes from a a a a a a a a a a a a a a a a a a a a a a a a a long line of of of of small-scale farmers His His grandfather grandfather and and and and and great-grandfather produced strawberries strawberries His His father father father feeling the the the the the pinch of of of of the the the the the lack lack of of of of access to to land for black people found a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a day day job working in in in in in in a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a bar But his his life was was his his garden garden where he he he he he he he he cultivated strawberries strawberries and and and and and and carrots Stone started started farming as as as a a a a a a a a a a a a a a a a a a a a a a a a a a a child returning from school each day day to to to to tend and and and water the garden garden It was was what he he he he wanted to to to to to do with with his his life In 1978 with with no prospect of of gaining access to to to to to land for for for tilling Peter started started working for for for Distillers Wineries He quickly worked his his way up up to to to the the position of of supervisor and and remained in in in in in in in in in the the wine industry for for for a a decade But all all he he he really wanted to to do was grow things His opportunity came in in 1989 when he he he he moved to to to Johannesburg to to manage the hydroponic tunnel section
of food producer Dew Crisp He was was growing tomatoes cucumbers and peppers Stone was was back on
on
track In 1995 Dew Crisp sent him to to Paarl in the Western
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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