The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes
| dc.contributor.advisor | Barnard-Naude, Jaco | |
| dc.contributor.author | Maropefela, Alfred | |
| dc.date.accessioned | 2026-09-18T09:08:37Z | |
| dc.date.available | 2026-09-18T09:08:37Z | |
| dc.date.issued | 2026 | |
| dc.date.updated | 2026-09-18T08:51:19Z | |
| dc.description.abstract | The dissertation considers whether there is a false dichotomy between ‘land reform' on the one hand, and ‘access to adequate housing', on the other. This question follows upon scrutiny of the government's adopted approach in seeking to address the housing crisis in the country. Crucially, the paper seeks to locate the housing shortage in the country within the context of the legacy of bifurcated spatial planning inherited from colonialism and apartheid. This legacy has led to a multiplicity of challenges. For the purposes of this dissertation, the focus will be on the often neglected ‘rural' areas which are underdeveloped and characterised by a geography separating it from the economic hub and the market, versus, the urban which enjoys close proximity to the markets and economic opportunities. Thus, in order to address this problem the State should adopt a programme of land reform which will locate appropriately situated land (land that is socially, economically and environmentally conducive) in order to build homes for residential purposes. To access appropriately located land, I argue that state intervention should take place through the expropriation of land with ‘just and equitable' compensation. Expropriation is a highly contested issue between two opposing schools of thought. Crucially, the paper will seek to explore a doctrinal analysis to define ‘just and equitable' compensation within prevailing circumstances. The adopted argument in this paper is undergirded by an intersectional analysis of sections 25 & 26 of the Constitution. The former provision as far as the argument goes, facilitates and, at times, mandates extensive redistribution of land ‘on equitable bases' whilst the latter obligates the State to take legislative and other measures to bring about ‘access to adequate housing.' This approach to land reform and human settlement will increase the opportunities for the creation of more equal and cohesive cities out of those that are still characterised by the divided apartheid-era. This paper follows a desktop approach and reference will be made to books, published academic articles and relevant jurisprudence of courts. | |
| dc.identifier.apacitation | Maropefela, A. (2026). <i>The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes</i>. (). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/43788 | en_ZA |
| dc.identifier.chicagocitation | Maropefela, Alfred. <i>"The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes."</i> ., University of Cape Town ,Faculty of Law ,Department of Public Law, 2026. http://hdl.handle.net/11427/43788 | en_ZA |
| dc.identifier.citation | Maropefela, A. 2026. The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes. . University of Cape Town ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/43788 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Maropefela, Alfred AB - The dissertation considers whether there is a false dichotomy between ‘land reform' on the one hand, and ‘access to adequate housing', on the other. This question follows upon scrutiny of the government's adopted approach in seeking to address the housing crisis in the country. Crucially, the paper seeks to locate the housing shortage in the country within the context of the legacy of bifurcated spatial planning inherited from colonialism and apartheid. This legacy has led to a multiplicity of challenges. For the purposes of this dissertation, the focus will be on the often neglected ‘rural' areas which are underdeveloped and characterised by a geography separating it from the economic hub and the market, versus, the urban which enjoys close proximity to the markets and economic opportunities. Thus, in order to address this problem the State should adopt a programme of land reform which will locate appropriately situated land (land that is socially, economically and environmentally conducive) in order to build homes for residential purposes. To access appropriately located land, I argue that state intervention should take place through the expropriation of land with ‘just and equitable' compensation. Expropriation is a highly contested issue between two opposing schools of thought. Crucially, the paper will seek to explore a doctrinal analysis to define ‘just and equitable' compensation within prevailing circumstances. The adopted argument in this paper is undergirded by an intersectional analysis of sections 25 & 26 of the Constitution. The former provision as far as the argument goes, facilitates and, at times, mandates extensive redistribution of land ‘on equitable bases' whilst the latter obligates the State to take legislative and other measures to bring about ‘access to adequate housing.' This approach to land reform and human settlement will increase the opportunities for the creation of more equal and cohesive cities out of those that are still characterised by the divided apartheid-era. This paper follows a desktop approach and reference will be made to books, published academic articles and relevant jurisprudence of courts. DA - 2026 DB - OpenUCT DP - University of Cape Town KW - land reform KW - housing LK - https://open.uct.ac.za PB - University of Cape Town PY - 2026 T1 - The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes TI - The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes UR - http://hdl.handle.net/11427/43788 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/43788 | |
| dc.identifier.vancouvercitation | Maropefela A. The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes. []. University of Cape Town ,Faculty of Law ,Department of Public Law, 2026 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/43788 | en_ZA |
| dc.language.iso | en | |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.publisher.institution | University of Cape Town | |
| dc.subject | land reform | |
| dc.subject | housing | |
| dc.title | The false dichotomy between land reform and the right of access to adequate housing: a case for land expropriation for residential purposes | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |