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Title: | Mobilising 'community' for justice in District Six: stakeholder politics early in the land restitution process |
Author: | Beyers, Christiaan |
Year: | 2007 |
Periodical: | South African Historical Journal |
Issue: | 58 |
Pages: | 253-276 |
Language: | English |
Geographic term: | South Africa |
Subjects: | interest groups land reform urban areas |
External link: | https://www.tandfonline.com/doi/abs/10.1080/02582470709464752 |
Abstract: | Is justice administration in the context of land restitution in urban South Africa best achieved through a welfarist and developmentalist approach, or through an egalitarian approach based on individual rights? This dilemma is built into the Restitution of Land Rights Act through the inclusion of Section 34, in terms of which government bodies can apply to preclude an individual claims process in favour of a State-controlled development project designed 'in the public interest'. The use of this clause has been highly controversial. In District Six, the Section 34 application made by the Cape Town City Council and Provincial government on behalf of the Cape Town Community Land Trust (CTCLT) was defeated. This article recounts the history of the Application and of the formation of a unified oppositional front to it: the creation of the District Six Beneficiary Trust (D6BRT) as the consolidation of a range of other organizations representing sections of the District Six ex-resident population. The article focuses on the differing versions of justice and 'community' espoused by officials and leaders of these representative bodies - local government, community organizations and State agents - as well as on the contending visions of how land should be developed. Notes, ref. [ASC Leiden abstract] |