Report of the high level panel on the assessment of key legislation and the acceleration of fundamental change

Type :
Research reports & papers
Author :
Published :
Link :

Report from the the High Level Panel, an initiative of the Speakers’ Forum of Parliament, aimed at taking stock of the impact of legislation insofar as it advances or impedes progress in addressing the triple challenges of poverty, unemployment and inequality in South Africa. A key focus area which includes multiple submissions, is land reform, restitution, redistribution and security of tenure.  The Constitution provides for three rights to land: the right to equitable access to land, the right to tenure security and the right to restitution. The Panel’s work, including submissions from the public and expert reports, reveals that the record on the progressive realisation of these rights is concerning. The pace of land reform has been slow. The development of policy and law has drifted away from its initial pro-poor stance and lacks a vision for inclusive agrarian reform. There are also significant gaps, such as on tenure security, where legislation has not been passed, putting the lives and livelihoods of many rural dwellers in peril. The government’s interpretation of customary law, centred on traditional leadership and away from living custom, has added to insecurity. The Panel’s recommendations combine a range of high-level, but also detailed, inputs to the formulation of legislation and a framework for land reform, focusing on redistribution.