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Refereed articles

A critical assessment of land redistribution policy in the light of the Grootboom judgment

Edward Lahiff and Sam Rugege look at the governmentÆs land redistribution programme which seeks to give effect to section 25(5) of the Constitution. Analysing the constitutional, legislative and policy framework for redistribution the authors consider (in light of the Grootboom judgment) whether the land redistribution programme is reasonable.

Their key findings are that current land redistribution policy is not adequate to effect a fundamental transformation in land holding and that no specific provision has been made for people in desperate need. To achieve these objectives, the authors argue, a more interventionist approach is needed by the state, especially in proactively acquiring land in areas of high demand. New mechanisms will also be required to make land available more rapidly for large- and small-scale agriculture as well as for residential purposes.

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