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The Effects of Land Restitution in South Africa: A Qualitative Study

Author: Bernadette Atuahene

Preliminary research has resulted in the article, “From Reparations to Restoration: Moving from Restoring Property to Restoring Economic and Political Visibility,” which argues that when the state confiscates real property from individuals or communities based on the understanding that they are subhuman, the victims are excluded from the social contract and subject to “property-induced invisibility.”  Property-induced invisibility occurs when there is widespread or systematic confiscation or destruction of real property with no payment of just compensation, which is executed such that dehumanization occurs.  The act is perpetrated by the state or other prevailing power structure(s).  It adversely affects powerless people or people made powerless by the act such that they are effectively left dependent on the state and unable to satisfy their basic needs.  The article hypothesizes that giving dispossessed individuals and communities an array of choices in how they are compensated will help to bring them into the social contract.

The current project explores this hypothesis in South Africa where, under the Restitution of Land Rights Act, only those dispossessed of a right in land after 1913 as a result of a racially discriminatory law or practice will receive compensation.  According to the white paper, which is the definitive document on land affairs in South Africa, beneficiaries are supposed to have a choice in how they are compensated.  But, in practice, the role of choice is muted to a large extent and those who have been dispossessed are sometimes not given the full array of asset-based choices.  Consequently, South Africa has two populations that are valuable for this study--beneficiaries that received compensation in the form of “reparations” (compensation without choice) and “restoration” (compensation with choice).  Semi-structured interviews will be conducted with both populations to explore the effects of compensation.