| Summary: | In reaction to the unequal land ownership brought about by decades of apartheid,
the first democratically elected government embarked on an extensive land
reform programme - a programme consisting of the three constitutionally
protected pillars: restitution, redistribution and tenure reform. The aim of this
programme in not only to provide for restitution to persons who lost their land as
a result of racially based measures, but also provide previously disadvantaged
South Africans with access to land in order to address the unequal land
ownership. This research focuses on the restitution and redistribution pillars of
the land reform programme
The progress made in terms of both these sub–programmes has been
disappointing. With reference to redistribution the government has set the target
to by 2014 redistribute 30% of white owned commercial agricultural land to black
persons. To date, less than 10% of this target has been achieved and all
indications are that the overwhelming majority of land which has been
redistributed is not being used productively or have fallen into a state of total
neglect. The state of the redistributed land can be attributed to a variety of
causes, with the main cause being the government’s inability to provide proper
post–settlement support to land reform beneficiaries.
Against this background it is clear that alternative options have to be identified in
order to improve the result of land reform. This research identifies corporate
social responsibility (CSR) as one alternative and asks the question: How can
land reform be improved through a legal framework for CSR?
Through their CSR companies in the private sector, amongst other, accept
responsibility for their impact on as well as upliftment of the society in which they
function. Companies in the agricultural sector is strategically positioned to,
through their CSR contribute to the success of land reform.
Since CSR is not currently supported by a focussed CSR legal framework it is
recommended in this study that CSR should be regulated through a framework
Act. The purpose of this framework Act is to position CSR within the wider legal
framework and to compel businesses operating in South Africa to get involved in
CSR initiatives through compulsory CSR contributions. The proposed framework
Act consists of sections which amongst other include a preamble that not only
confirms the government’s commitment to CSR but also highlights the role that
the private sector plays in improving social conditions. The proposed Act also
makes provision for the creation of a Committee for Corporate Social
Responsibility that would be held responsible for the implementation of the
proposed Act. The framework Act further identifies various CSR themes where
businesses can become involve in. One of the identified themes which are of
national importance is land reform. Included in the proposed Act is a
requirement that businesses should, based on their annual turnover spend a
percentage of their taxable income on CSR programmes. Failure to make the
required contribution is a contravention of the Act which is punishable in terms of
the Act. Finally the proposed Act requires businesses to annually report to the
Committee for CSR on the nature of their CSR contributions together with the
business’ CSR policy and strategy. === Thesis (LLD)--North-West University, Potchefstroom Campus, 2012.
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