Abstract :
This article reviews the collection of essays edited by Aninka Claassens and Ben
Cousins, dealing with South Africa’s controversial Communal Land Rights Act
(CLRA). It comments on the implications of the CLRA for land law and reform.
The background to and policy choices underlying the enactment of this piece of
legislation are discussed, and the difficulties with its implementation are highlighted.
It is significant that, in the case of Tongoane and Others v Minister of Agriculture
and Land Affairs and Others, the constitutionality of the CLRA was challenged
even before the CLRA became operative. The article discusses the main arguments
raised by the constitutionality challenge, and raises further constitutionality issues. It
considers the recommendations of Claassens and Cousins and makes further observations,
particularly in light of the Tongoane judgment which was delivered after the
book was published in 2008.
