Derick Fay – författare

The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

This edited collection illustrates contestations over land and political authority in South Africa's rural areas, focusing on threats to popular rights and how they are being supported.Who controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important.The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. History and customary law feature strongly in most disputes and succession to chieftaincy is also frequently disputed. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognizes customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as 'living customary law'. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some chapters analyze the increasing power of chiefs in the South African rural areas, while others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. Contributors record significant pushback from groups that reject traditional authority. These political tensions are a central theme of the collection and thus serve as vital case studies in furthering our understanding of rights and restitution in South Africa.