Why occupation, inheritance and history are clashing with laws.
During apartheid, black South Africans could not own land – and therefore their homes – in what were classified as “white” cities. In racially segregated townships, living in ‘family houses’ and passing them on depended officially on a range of permits.
That is because the transfers – and the legal definitions of property and inheritance – do not account for how many people understand their homes: collective and cross-generational, available to an extended lineage. By the end of apartheid in 1994, regulation was patchy at best, but the occupancy permits were understood to affirm group entitlement because they listed family members, not just the householder.In statutory law, at stake is an asset with one or more named owners – an indivisible plot or “erf” of land that includes its built structures. Owners can sell, or they can evict; other occupants have no legal right to stop them.
The family house is not a static idea in fights over the home. Warring parties may draw on both customary and legal concepts, sometimes at the same time. Among families that approach the state – and many do not – some subsequently drop out of the official process.Efforts to resolve the issue
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