Protecting Investors from the Repercussions of Unregistered Indigenous Property

Abstract

Land registration is classified as a high priority in the pursuit of economic growth and development. However, many countries still operate under customary law, resulting in limited access to credit. External investors may be ignorant of the wide range of property rights. This article highlights the difference between indigenous and Westernised property rights and transfer processes, and the effect of indigenous property acquisition on initiatives for land development. Several international case studies are discussed. The study concludes that there is a need for indigenous properties to be recorded in the national land administration system. It is recommended for the current electronic registration system project in South Africa to investigate how the incorporation of indigenous property may occur. Recommendations for future studies are made.