Reviewing equitable justice and the land question in South Africa from a reformation perspective

Abstract

This article reviews equitable justice and the land question in South Africa from a reformation perspective. Land as the source of individual and corporate group identity and livelihood is one of the most sensitive, contentious and controversial of all debatable issues in South Africa. As such, the question is: what counts as the criteria for an amicable and lasting solution for the land question? What type of justice helpful in correcting the past injustice? An underlying precept is on restoring the broken relationship between the victims and offenders using equitable Justice, as we live together in a diverse context in South Africa. This article is designed to examine three aspects related to fair justice from the perspective of reformation: firstly, the basic conception of equitable justice; secondly, the critical application of the types of justice in handling land questions in South Africa; and thirdly, the ultimate reception of the equitable justice that the victims and offenders could acknowledge and appreciate about the land question based on the 1996 South African Constitution.

Contribution: This article is meant to add value not only to how justice was and is conceived (perceived) but what is critical is the application of the types of justice as far as land in South Africa is concerned and the underlying misconceptions that go with it. Above all, the ultimate reception of the United Nations Declaration of Human Rights and the South African Constitution as an incentive to address land questions in the South African context.