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Land Law Reform: A Comparative Analysis of South Africa's Labour Tenancy Contract and Malawi's Tenant Worker's Contract

Banda, Sibo (2006) Land Law Reform: A Comparative Analysis of South Africa's Labour Tenancy Contract and Malawi's Tenant Worker's Contract. Oxford University Commonwealth Law Journal, 6. pp. 201-225. ISSN 1472-9342

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Abstract

This article undertakes a comparative analysis of the South African labour tenancy contract and the Malawian tenant worker’s contract in the context of the land law reform programme instituted in both countries. Historically, both contracts represent mechanisms for access to otherwise inaccessible land. They have been devoid of proprietary rights and secure tenure. However, South Africa, through its land reform programme, has adopted a robust approach towards the infusion of proprietary rights and secure tenure into the labour tenancy contract. The South African approach adjusts ‘the relative positions’ of the farmland owner and the labour tenant, as it moves away from a permits- or personal-rights-based approach to a proprietary, in rem (real) rights approach to land access. Malawi’s land reform programme does not include similar provisions for the tenant worker’s contract. Malawi’s land law reform must undertake similar corrective and appropriate action.

Item Type: Article
Keywords: Land Law Reform; South Africa's Labour Tenancy Contract; Malawi's Tenant Worker's Contract;
Subjects: Social Sciences > Law
Item ID: 2148
Depositing User: Dr. Sibo Banda
Date Deposited: 04 Oct 2010 11:22
Journal or Publication Title: Oxford University Commonwealth Law Journal
Publisher: Hart Publishing
Refereed: Yes
URI:

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