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The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform
Thesis (LLD)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613440447610880 |
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| access_status_str | Open Access |
| author2 | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| author_browse | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| author_facet | Brand, Danie (Jacobus Frederick Daniel, 1968- ) |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69916 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:11.018Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/69916 The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform Brand, Danie (Jacobus Frederick Daniel, 1968- ) u13421892@tuks.co.za Pienaar, Juanita (Juanita Magrietha), 1965- McLachlan, Jer Nortjé UCTD Thesis (LLD)--University of Pretoria, 2018. In this thesis I investigate the manner in which land was occupied in the Cape Colony by pastoral indigenous communities, colonial governments and non-indigenous settlers, and the significant role these patterns of occupation played in the development of land law in the colony until the end of the nineteenth century. This investigation shows that pastoral indigenous communities had customary law rights in the land they occupied as grazing in terms of their customary law systems long before the colonial period commenced. These communities were gradually dispossessed of these rights during the colonial period. Non-indigenous persons occupied and obtained rights in land in terms of the domestic law system that was developing in the colony. They dispossessed indigenous communities of their customary law rights in land used as grazing when they occupied it for agricultural purposes. However, their rights in land used as grazing were very similar to the customary law rights of indigenous communities in such land. Consequently, a system of overlapping occupation of land used as grazing developed, particularly in the Northern Cape. The domestic land law system of the Cape Colony was gradually abolished by reforms introduced by the British colonial government after 1813. These reforms were aimed at transforming land in the entire Cape Colony into an asset that could be exploited for the benefit of the British Empire. By introducing the English common law doctrine of tenures the British colonial government could claim all waste land as private law property of the Crown. The actual dispossession of land used as grazing by pastoral indigenous communities was caused by legislation adopted in the colony during the nineteenth century. Under the present constitutional dispensation this type of legislation is regarded as racially discriminatory. The purpose of this thesis is to show that to address and reverse the effect of dispossession of the customary law rights in land of pastoral indigenous communities the constitutional land reform programme must be extended to include measures to rectify the dispossession of such rights. This approach ensures that colonial dispossession of land is also addressed, not only dispossession caused by apartheid legislation. Public Law LLD Unrestricted 2019-06-02T11:39:27Z 2019-06-02T11:39:27Z 2019/04/04 2018 Thesis McLachlan, JN 2018, The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69916> A2019 http://hdl.handle.net/2263/69916 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform |
| title | The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform |
| title_full | The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform |
| title_fullStr | The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform |
| title_full_unstemmed | The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform |
| title_short | The history of the occupation of land in the Cape Colony and its effect on land law and constitutionally mandated land reform |
| title_sort | history of the occupation of land in the cape colony and its effect on land law and constitutionally mandated land reform |
| topic | UCTD |
| url | http://hdl.handle.net/2263/69916 |