土地资源管理专业本科毕业论文外文文献及译文

本科毕业论文

外文文献及译文

文献、资料题目: Rural and Urba n Land Developme nt

and Land Tenure Systems: A Comparis on

betwee n South Africa and Botswa na

文

、资料来源: 网络

献、

文献、资料发表（出版）日期：2000.8

院（部）: 管理工程学院

专业：土地资源管理

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外文文献：

RURAL AND URBAN LAND DEVELOPMENT AND LAND

TENURE SYSTEMS: A COMPARISON BETWEEN SOUTH AFRICA

AND BOTSWANA

Susa n Bouillo n

Legal Advisor: City Coun cil of Pretoria

INTRODUCTION

Fran kli n D. Roosevelt once said that Every pers on who inv ests in land n ear a grow ing city, adopts the suresta nd safest method of beco ming in depe ndent, for land is the basis of wealth. The purpose of this paper

is to discuss the rural and urba n land developme nt and land tenure systems of South Africa and Botswa na, and to explai n their con tributi ons to urba n sustai nability.

DEVELOPMENT PLANNING IN BOTSWANA

Botswa na is located at the centre of the South Africa n plateau, and is bordered by South Africa on the south and southeast, Zimbabwe on the northeast and Namibia on the west and northwest. Approximately 23% of the population is in urban areas and 77% in rural areas. Botswana has a rich tribal culture, and therefore it is not surprising that the Botswana legal system con sists of local tribal courts, which adjudicate traditi onal matters and Tribal Land Boards, which rule on land use matters in tribal la nds and traditi onal villages. Town Coun cils rule on land use matters in urba n areas.

The government of Botswana has adopted a system of development planning which has coped relatively well compared with other Africa n coun tries. Developme nt pla nning invo Ives the preparati on of land use pla ns for both urba n and rural areas. The practice in Botswa na is that the public is made aware of the implicati ons of land use pla ns before land is zoned for various uses. Public aware nessa nd participati on is en sured by giving land users an opport unity to select preferred land use opti ons from a range of opti ons determ ined through the evaluati on of physical and econo mic suitability of land resources (bottom-up approach).

PROPERTY RIGHTS AND LAND TENURE IN BOTSWANA

It is the policy of the Gover nment that all citize ns should have easy and equal access to land. In order to realize this, three land tenure systems have bee n put in place. Tribal la nd covers 71% of the total la nd area of the coun try. It is allocated to citize ns free of charge for all types of uses. State land is owned by

the state and comprises 23% of the total area. Most of this land is used as National Parks, or Forest and Game Reserves within which no settlements are permitted. However, a small percentageof this land is allocated for residential purposes, particularly in urba n cen ters. Freehold land comprises only 6% of the total area and is privately own ed. Most of the gover nment policies to date are therefore directed at tribal la nd.

RURAL LAND

Prior to independence, Botswana had established traditional ways of allocating and man agi ng tribal la nd and its resources through chiefs and com mun ities. Soon after in depe nden ce, the authority to allocate tribal la nd was shifted from the chiefs to the Tribal Land Boards which were established by the Tribal Land Act, but the man ageme nt of the resources rema ins the responsibility of the users and their communities. According to this act, almost 71% of the available land is adm ini stered as tribal la nd accord ing to an in tegrated system of customary land tenure. Although the ten urial rules for tribal la nd have bee n cha nged con siderably by this act, it is con sidered a very inno vative way to comb ine in dividual la nd tenure security with tribal la nd-use.

The Land Boards were established for a specified tribal territory, and took over the administrative functions from chiefs and other tribal authorities. Title of the land vested in the Land Boards. The Land Boards were in itially en titled to make customary and com mon law gran ts, for residential, grazing or cultivation purposes, to members of the different tribes living in the specified territories only, but since 1993 any citizen of Botswana is entitled to apply for these rights. Land Boards maintain their own record or registrati on system and rights are not registered in the cen tral deeds registrati on system of Botswa na, appare ntly to keep them more affordable. The Land Boards are en titled to issue certificates of customary grants or certificates of occupati on. Provisi on has bee n made for the conv ersi on of these certificates into titles registrable in the deeds registry once dema nd arises to deal with these certificates in the commercial le nding market. Any cha nge in right-holder must be reported to the land board in order to mai ntai n the accuracy of the record system of the land board. Shelter provision in rural areas has been on individuals in itiatives. The most importa nt prerequisite for hous ing developme nt, which is access to land, has not really bee n a disturb ing issue due to the fact that all male and female citize ns are allocated tribal la nd for free, but in an effort to facilitate shelter provisi on in rural areas, the gover nment intends to in troduce a rural hous ing programme.

Land use pla nning is not a new phe nomenon in Botswa na. Past experie ncesa nd records in dicate that the traditi onal chiefs who had authority on land have always done some form of land use pla nning. Formal la nd use

pla nning in Botswa na started with the impleme ntati on of the Tribal Grazi ng Land Policy in 1975, whe n some areas were zoned for wildlife use, others became reserved areas, while other areas continued to be for communal use. This policy enabled in dividuals or groups to have exclusive use of land in areas zoned for such use. These rights are perma nent, exclusi onary and in heritable. They may on ly be revoked by the land board in circumsta nces where the right-holder fails to utilize the land on terms specified by the land board, or fails to develop the land accord ing to the specified purposes with in five years or where the land was not distributed fairly .In these in sta nces, the land does not revert to the gover nment but is reallocated by the land board to other applica nts. This policy was therefore a major programme through which rural developme nt was to be achieved.

The districts up to now continue to prepare and update their respective in tegrated land use pla ns. In the preparatio n of such pla ns the com mun ities have major in puts with regard to the various land uses. This is in realizati on of the fact that to have an impleme ntable and susta in able land use pla n, the com mun ities should be the ones who decide the uses on a particular type of Ian d. It should be no ted, however, that not all districts have such pla ns.

URBAN LAND

An urba n centre in Botswa na is defi ned as All settleme nts on state land and settleme nts on tribal land with a population of 5000 or more persons with at least 75% of the labor force in non-agricultural occupati ons. Gen erally, an urba n centre should be see n to provide its populati on with in fra-structural and en vir onmen tal services similar to that which exists in a moder n city. Rural-urba n migrati on has played an importa nt

role in the growth of urba n areas. Several urba n developme nt policies have bee n evolved over the years to guide the growth and developme nt of the urban areas. Due to the fact that a large part of the people of Botswana are living in rural areas, most of the developme nt is aimed at the rural areas, but a few programmes were in troduced in order to better the circumstances of those living in urban areas. The Self Help Housing Programme was in troduced to assist the low in come urba n households to develop their own houses. Un der this scheme, the Gover nment provides basic services such as roadswater sta nd pipes, and a pit-latri ne to each plot. Plot holders were give n ten urial security through a Certificate of Rights. This programme has also been used in upgrading the squatter settlements which existed prior to its in ceptio n.

Shortage of serviced land has been identified as one of the major constraints to urban housing development. Therefore a major land servicing programme, the Accelerated Land Servici ng Programme, was in troduced. The objective of the programme was to service land for all uses, such as reside ntial, commercial and in dustrial, i

n all urba n areas. A Hous ing Departme nt has bee n established, which is charged with the resp on sibility of promoti ng hous ing developme nt and improvement through policy initiatives that create an enabling environment for shelter provisi on.

The Town and Country Planning Act, which is the main legislation guiding physical pla nning in Botswa na, makes provisi ons for an orderly and progressive developme nt and con trol of land in both urba n and rural areas. The Urba n Developme nt Stan dards and the Developme nt Con trol Code also facilitate the orderly pla nning of settleme nts. Sustai nable urba n developme nt depends on the availability of clean water supply and provision of infrastructure for sanitation and waste management. An integrated approach in the provision of environmentally sound in frastructures in huma n settleme nts is see n as an in vestme nt that fosters susta in able developme nt and that can improve the quality of life, in crease productivity, improve health, and reduce poverty.

Although the con cept of susta in able developme nt gained prominence on the intern ati onal sce ne only a few years back, it has been one of the objectives of development planning in Botswana since independence in 1966. The term has appeared as an objective in all the subsequent development plans, but its meaning has been expanded to reflect the changing development realities over the years.

LAND DEVELOPMENT IN SOUTH AFRICA

The shape and form of the cities in South Africa are the result of conscious apartheid pla nning in the past. Whe n South Africa?s first democratically elected gover nment came in to power in 1994, it in herited the fragme nted, un equal and in cohere nt pla nning systems which developed under apartheid. During apartheid, land development planning in the then four provinces, ten homelands and the ,group area?racial zones, fell under many different laws, ordinan ces, procedures and regulati ons. There was a lack of coord in ati on, an un equal distributi on of resources and a lot of ,red tape? which slowed dow n developme nt projects.

A Nati onal Developme nt and Pla nning Commissio n were appo in ted to advise the Min ister of Land Affairs and the Mini ster of Hous ing on pla nning and developme nt. Among other thin gs, the Commissio n was requested to prepare a Gree n Paper on pla nning which would review and recomme nd cha nges to the apartheid legislatio n and process of land developme nt in South Africa. The Commissi on decided to focus on the spatial pla nning system for urba n and rural developme nt. A land development policy, the Reconstruction and Development Programme (RDP), a comprehensive and sectorally-based socio-economic policy framework that established the developmental foundations for the removal of apartheid and the building of a democratic, non-racial and non-sexist future, was