Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista

摘要: Land reform in South Africa and the realisation of section 25 property clause Constitution , 1996 (hereafter Constitution) is seen as an integral step democratisation process well social economic empowerment previously marginalised groups. For many, true test for political transformation will be whether land needs (including protection care environment) are addressed effectively a sustainable manner. In recent years, however, government’s addressing has become highly controversial issue, especially where that vests private owners claimed back because its status ancestral land.   may strongly impact on environment development protected 24 since it involves vast hectares land, other environmental media people. Restitution processes terms 25(7), one components reform, often does not take key provisions contained planning law into account. many instances, example, restitution projects do make sufficient provision harmonisation with principles no or limited systems exist whereby to inform assist beneficiaries compliance obligations post settlement endeavours. These limitations could, inter alia linked fragmentation governance regime lack role clarification. It furthermore result significant conflict between sections 25(7) overarching framework legislation, developmental objectives sectoral-specific subordinate legislation. The is, amongst policies, regulated by Rights Act 22 1994 whilst National Environmental Management 107 1998 aim at environment, prevention pollution, promotion conservation, secured ecologically development. conditions following settlement, including current state been restituted, provide interesting factual source reference critical analysis policy implementation post-settlement further allows view effective futile national provincial governments’ efforts finalise claim-driven land. order limit scope this article, policy, progress programme some accounts critically analysed assessed light initiatives derived from legal concerned. A case briefly discussed subsequent comments suggestions way forward.