Land Claims & National Parks

The Makuleke experience The restoration of land rights is one of the key factors in the transformation process of South Africa. The complexities of restoration of land rights are many times underestimated and the competing interests involved may lead to the process becoming outdrawn and emotional. In few areas is the potential for conflict of interest so apparent than when land claims are introduced on national parks and other conservation areas held dear by the nation. While national parks and other conservation reserves fulfil a crucial role in the local and regional economic development of South Africa, it is also of crucial importance that historical wrongs, which may have led to the establishment of such parks, are rectified. Numerous parks and conservation areas or parts thereof, were after all, established on land that was obtained through discriminatory means from black people. When the Makuleke claim against the northern part of the Kruger National Park was introduced, the scene was set for a lengthy and emotional encounter. The claim was referred to as a "test" to reconcile competing interests. The joint management model, which has been agreed upon by the South African National Parks (SANP) and the Makuleke community to settle the claim, is an example of how closer co-operation can be structured to facilitate co-operation and economic empowerment of neighbouring communities while at the same time protecting the conservation assets of South Africa. This settlement may prove to be a guiding light for similar disputes in other areas of South and southern Africa.

1. INTRODUCTION

2. BACKGROUND

3. RESTITUTION OF LAND RIGHTS

4. RESTITUTION OF LAND RIGHTS IN INTERNATIONAL LAW

5. THE RIGHT TO JOINT MANAGEMENT OF NATIONAL PARKS: THE AUSTRALIAN EXPERIENCE
Observations on the Australian experience

6. THE MAKULEKE LAND CLAIM: HISTORY AND STATUS OF THE LAND
Historical circumstances surrounding the claim
Conservation value of the land

7.MAKULEKE – SANP JOINT MANAGEMENT

8. GUIDING PRINCIPLES FOR JOINT MANAGEMENT OF NATIONAL PARKS AND CONSERVATION AREAS IN SOUTH AFRICA

ENDNOTES

LIST OF PUBLICATIONS 1989-1998

MAIN AGREEMENT

Dr Bertus de Villiers is the General Manager: Legal Services of the South African National Parks. Previously he was head of the Centre for Constitutional Analysis of the Human Sciences Research Council in Pretoria for a period of six years. Some of the titles published by him under the auspices of the HSRC include State of the Nation, Institutional development in divided societies, The Rights of the indigenous people and a series on Federalism.