The use of land restitution as a means of protecting indigenous knowledge systems for the purpose of realising food sovereignty.

Abstract

This mini-dissertation will explore the Indigenous Knowledge Systems and food sovereignty in light of South Africa's stance on land restitution. It will critically discuss Indigenous Knowledge Systems as they relate to food which will include farming and preservation methods, and the sustainable use of land. It will expand on the rights in question, such as the right to food in relation to Indigenous Knowledge Systems and food sovereignty. Furthermore, it will analyse the necessity of food sovereignty for indigenous communities; draw the links between preservation of Indigenous Knowledge Systems and the realisation of food sovereignty; and carefully consider whether land restitution is a suitable tool for protecting Indigenous Knowledge Systems. The mini-dissertation will do this by considering foreign jurisdictions and relevant legislation such as the Constitution of the Republic of South Africa, 1996, the Restitution of Land Rights Act 22 of 1994, the Communal Land Rights Act 11 of 2004, and the Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill of 2004. It will conclude by recommending ways in which indigenous knowledge systems can be protected by access to land.