Res Publica: A South African Perspective

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Date

2000

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Abstract

"This paper is in four parts. First, I examine the role of the apartheid law in disfiguring the common law notion of res publica. Secondly, I look at the perceived conflict between public property and land restitution in terms Restitution of Land Rights Act 22 of 1994, as amended. Thirdly, I look at specific issues such as whether indigenous/rural communities subsistence needs should be recognised, and more specifically, whether they should have a place within the National Parks. Last, but by no means the least, a possible solution is determined. It should be noted that this paper will begin as a broad theme on res publica but in the course of the presentation attention will be bestowed upon National Parks i.e. a kind of res publica."

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IASC, common pool resources, Apartheid, parks, land tenure and use, indigenous institutions, property rights, common law

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