ABSTRACT

The racially based land control system in South Africa, as introduced by the Black Land Act 27 of 19131 and confirmed by the South African Development Trust Land Act 18 of 19362 until the abolition thereof in 1991, is well well-known and well-documented. This chapter argues that the principles laid down in the groundbreaking legislation mentioned above effectively led to the uprooting of a well-established, independent farming community, resulting in inter alia, present-day farm workers and labour tenants. It draws a distinction between black farming as such and the need for reform and development of the black farming sector in general and labour tenants and farm workers providing labour and services for, mainly, the white farming sector. The chapter also discusses present-day problems of tenure insecurity of labour tenants and farm workers, the Land Reform (Labour Tenants) Act 3 of 1996; and the Extension of Security of Tenure Act 62 of 1997.