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South Africa and Land Ownership: What's in a Deed?1

Published online by Cambridge University Press:  13 May 2014

H. M. Feinberg*
Affiliation:
Southern Connecticut State University

Extract

The subject of African land ownership is and will continue to be a highly emotional issue of great importance in the new South Africa. Africans and Afrikaners alike have strong historical ties to the land. Thousands of Africans owned land outside the Reserves before 1948. These landowners included large numbers of Africans who purchased over 3,000 farms and lots between 1913 and 1936 in the Transvaal, Natal, and even the Orange Free State (plus uncounted African buyers in the Cape Province). Individuals, tribal groups, or people organized into partnerships owned land. In the 1990s Africans complain bitterly about land losses, especially after 1948 as a result of the apartheid policy of forced removals which aimed to eliminate the so-called “black spots” from white areas. In addition, some Africans point to the problem of land losses between 1913 and 1948, and others resent the severe restrictions resulting from the Natives Land Act, Act No. 27 of 1913, which prevented Africans from freely buying land in three of the four provinces of South Africa after 1913.

On 8 November 1994 the South African Parliament passed the Restitution of Land Rights Act, a law which is intended to allow Africans to reclaim their lost land. Claims by former owners or their descendants will be buttressed by legal documents of one type or another. Some of these legal documents have an interesting and unintended use, however: historians can take advantage of them to build an understanding of African land ownership before and after apartheid began in 1948.

Type
Research Article
Copyright
Copyright © African Studies Association 1995

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Footnotes

1.

During 1992, I investigated farms owned by Africans outside the Reserves while I was on sabbatical leave. My research was partially funded by grants from the Connecticut State University and the American Philosophical Society.

References

Notes

2. The Natives Land Act was not retroactive.

3. Wille, George, Principles of South African Law (Cape Town, 1937), 137–38.Google Scholar

4. Lee, R.W.et al., The South African Law of Property, Family Relations, and Succession (Durban, 1954), 22, #80Google Scholar; Wille, , Principles, 158–59.Google Scholar

5. Ibid.

6. Gazette 1700, 27 April 1928, 134.

7. The pages for farms 1-4 are missing.

8. The pages for farms 1-8 are missing.

9. A fifth set of computerized transfer records, linked to microfilms, is available at the Deeds Office, but I am completely unfamiliar with this set.