Formalisation of land rights: Some empirical evidence from Mali, Niger and South Africa

In this paper, we re-interpret three cases of research previously carried out in Mali, Niger and South Africa in light of the recent debate about formalisation of land rights that has emerged since the publication of Hernando de Soto's ‘Mystery of Capital’. The Malian case shows that lack of broad access to formalisation processes in high-pressure areas may play into the hands of those with power, information, and resources. The case also demonstrates that timing of formalisation efforts in urban areas characterised by rapid expansion is crucial in terms of distributive outcomes. The Nigerien case demonstrates how impending formalisation led to a scramble for land and increased conflicts in a context of institutional competition and limited administrative capacity. The South African case shows that the very process of surveying and registering rights may also change the rights themselves. Formalisation procedures may also amplify the tension between individual and communal rights, and boost privatisation.