Under colonialism and apartheid, millions of black people had been dispossessed of their land and their land rights. It was an urgent priority of the new
democratic government to restore land to black South Africans and to secure their land rights against powerful actors,
including the state (who had been a dis-possessor under apartheid)
Since the land reform programme would involve the transfer of land from the state and private landowners to black South Africans, a legal entity needed to be created through which land reform beneficiaries could acquire, hold and manage property.
The new legal entities needed to accommodate and be able to adapt to a range of de facto land-holding practices, many of which were group-based. Unfortunately they have often failed to mirror or adapt to realities on the ground; focus has been too much on compliance with Act, not enough on how they work smoothly for groups.
Communal Property Associations (CPAs) were established to meet these challenges
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