Abstract:
This article examines the legislation of the apartheid era. It illustrates the unlawful land
dispossession suffered by indigenous people of South Africa. To remedy the injustices of
the past, the courts have recognised indigenous laws to ensure that retribution and
restoration of rights occur to address the atrocities and consequences of forceful land
dispossession, prior to democracy. The methodology utilised is a desktop study. The
results of the study illustrates the historical disadvantages of indigenous land owners and
the role of legislation to address it. The discussion concerning land rights of indigenous
land owners aims to illustrate the fact that although there is progression of the realisation
of land rights, there are areas of improvement within a procedural policy and legislative
framework. This article addresses the blast of the past apartheid laws and the progressive
changes to the current laws to protect indigenous land owners rights from a proceduralist
perspective.
