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Periodical article | Leiden University catalogue | WorldCat |
Title: | Land reform in Lesotho: a critique of the Land Bill 2009 |
Author: | Mashinini, Vusi |
Year: | 2009 |
Periodical: | Lesotho Social Sciences Review (ISSN 1028-0790) |
Volume: | 13 |
Issue: | 1-2 |
Period: | December |
Pages: | 164-181 |
Language: | English |
Notes: | biblio. refs. |
Geographic terms: | Lesotho Southern Africa |
Subjects: | land law land reform politics Land tenure--Law and legislation land use |
Abstract: | Since independence in 1996 to 2009, Lesotho has struggled, unsuccessfully, to institute land reform. More recently, the government of Lesotho has formulated the Land Bill 2009 as the legislative framework to guide a neoliberal land reform process aimed at the privatization, marketization and commoditization of land in Lesotho as a precondition for foreign investors-led development. An interrogation of the Land Bill 2009 identifies both positive and negative aspects. Positive issues include its relative vertical comprehensiveness, the promotion of decentralization, the creation of new land management institutions, empowerment of access to land by women and youth, and the creation of land courts to deal with land dispute resolutions. Negative issues include the lack of a wider scope of coverage of the Bill in terms of sectors, the lack of regulations to guide the implementation of the Bill, the use of complicated legal jargon and the absence of a Sesotho version of the Bill, pseudo-public consultation for the debate of the Bill limited to only three public hearings, the exclusion of chiefs in land management, the debatable use of the concept of security of tenure, increased social differentiation and proletarianization through lease and ground rent payment requirements, the grant of access to land to foreigners which might promote land alienation, and the debatable role of the Millennium Challenge Corporation (MCC) as a development partner in the formulation and implementation of the Bill. Bibliogr., sum. [ASC Leiden abstract] |