Beyond Expropriation Without Compensation: Law, Land Reform and Redistributive Justice in South Africa(Cambridge Studies in Constitutional Law)

Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.

Table of Contents:
Introduction: beyond expropriation without compensation: law, land reform and the future of redistributive justice in South Africa Olaf Zenker and Cherryl Walker; Part I. The Rights and Wrongs of South African Property Law: 1. Politics or principle? Making sense of the expropriation without compensation debate Zsa-Zsa Boggenpoel; 2. The legal and philosophical dichotomy between land and property: the rights and wrongs of South African property law: a transformative justice approach Bulelwa Mabasa, Thomas Ernst Karberg and Siphosethu Zazela; 3. The 'justice' in 'just and equitable' compensation Elmien (WJ) du Plessis; 4. The tale of two women: transformative thrust embodied in the property clause – in theory only or a lived reality where land reform is concerned? Juanita M Pienaar; 5. Setting our transformation sights too low': land reform, 'expropriation without compensation' and 'state custodianship of land' Danie Brand; Part II. Potentials and Pitfalls of South African Land Reform: 6. The constitution's mandate for transformation: from 'expropriation without compensation' to 'equitable access to land' Ruth Hall; 7. Land reform opportunities meet democratic challenges in traditional areas: gendered lessons from vernacular law and IPILRA Sindiso Mnisi Weeks; 8. Land reform and rural production in South Africa William Beinart; 9. Land reform and beyond in times of social-ecological change: perspectives from the karoo Cherryl Walker; Part III. Imagining Alternative Futures of Redistributive Justice in South Africa: 10. Ecological justice, climate shocks and the challenge of re-agrarianizing South Africa through the food sovereignty commons Vishwas Satgar; 11. Redistributive justice, transformational taxes and the legacies of apartheid Heinz Klug; 12. Redistribution of what? beyond land in the moral politics of distribution James Ferguson; Index.

About the Author :
Olaf Zenker holds a Chair of Social and Cultural Anthropology at Martin Luther University Halle-Wittenberg. His research has dealt with politico-legal issues such as statehood, bureaucracy, legal pluralism, inequality and land justice in South Africa and beyond. His latest publications include The Oxford Handbook of Law and Anthropology (co-edited with Marie-Claire Foblets, Mark Goodale and Maria Sapignoli). Cherryl Walker is an Emeritus Professor of Sociology at Stellenbosch University. She has published extensively on land restitution in South Africa, gender and land rights in sub-Saharan Africa, and women's political mobilisation in twentieth century South Africa. She served on South Africa's Commission on Restitution of Land Rights between 1995 and 2000. Zsa-Zsa Boggenpoel is Professor of Law at Stellenbosch University. She specialises in property law, constitutional property law and property theory. She was awarded a C1 NRF rating in December 2022 and is therefore recognised as an established researcher in her field.

Review :
'Many countries undergo post-conflict transitions, but few meaningfully address the longstanding socio-economic inequalities that fueled violence. Beyond Expropriation without Compensation goes to the heart of the tensions between liberal constitutionalism and the redistribution of land and economic resources, and is essential reading for all those interested in post-apartheid South Africa and redistributive justice more broadly.' Richard Ashby Wilson, Professor at University of Connecticut School of Law 'Intellectually astute and politically courageous, this book is easily the most important work of scholarship yet on the vexed issue of land reform in South Africa. The combination of analytical rigor and the lucidity of writing means that this well-edited work will be an enduring reference for scholars of 'the land question' while at the same time serving as an accessible and exciting read for the general public.' Jonathan Jansen, Professor at Stellenbosch University