This book constitutes Volume I of a set of two Volumes. Volume I attempts a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC) in light of intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. Cultural, economic and political drivers at the core of SADC land issues are examined for their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. The book shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. Therefore, the book recommends a sophisticated systematic new approach to SADC land issues. That approach is developed in Volume II of this series: Re-conceiving Property Rights in the new millennium - Towards a New Sustainable Land Relations Policy.
Table of Contents
Part 1: Problematizing Southern African Development Community (SADC) Land Issues 1. Introduction, Ben Chigara 2. The Colonial Legacy in Land Rights in Southern Africa, Robert Home 3. Land Policy Developments and Setbacks in Southern Africa, Martin Adams and Rachael Knight 4. Land Resource Ownership and Use in ‘Africa of the Labour Reserves’ in the Southern African Development Community (SADC), Horman Chitonge 5. Land Issues before the Southern African Development Community (SADC) Tribunal: A Case for Human Rights?, Oliver C. Ruppel Part 2: Juridical and Regulatory Challenges around SADC Land Issues 6. Indigenous Land Rights and Claims under International Law, Ilias Bantekas 7. The New Scramble for Africa: Towards a Human-Rights Based Approach to Large-Scale Land Acquisitions in the Southern African Development Community (SADC) Sub-Region, Jérémie Gilbert and David Keane 8. The land crisis in Southern Africa: Challenges on good governance, Hany Besada & Ariane Goetz 9. The Land Question in Zimbabwe: The Judiciary as an Instrument of ‘Recovery’? Alex T. Magaisa 10. Property Rights and Land Reform in Namibia, Sam K. Amoo and Sidney L. Harring
Ben Chigara is Research Professor of International Laws at Brunel University, UK.