A blast from the past : a reflection of indigenous land owners rights from a proceduralist perspective

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.