Dysfunctional communal property associations : the case of Elandskloof, South Africa

Barry, Michael

Elandskloof was South Africaas first land restitution case to be resolved in the Land Claims Court and the first instance of a Communal Property Association being used as the legal entity under which land is held. Elandskloof was a Dutch Reformed Church Mission station in the Cederberg Mountains. The community were evicted from the land in 1961 when the church sold the farm, and group areas legislation was applied the mission land was declared a white group area - in part to ensure that the community could not return. The state purchased the farm and the land was returned to the community in an emotional ceremony in December 1996. At the time, politicians expected a thriving communal agricultural entity to emerge from this newly empowered community, and they made promises at the ceremony in support of this expectation. This in turn raised expectations amongst members of the community about what the state was going to provide for them.

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Document type:Dysfunctional communal property associations : the case of Elandskloof, South Africa (248 kB - pdf)