Land tenure and management reforms in East and Southern Africa – the case of Botswana

Since attainment of independence, almost every country in East and Southern Africa has introduced some kind of land reform aimed at reconciling indigenous land tenure practices and those introduced by colonial regimes. The reforms have centred on modification of tenurial rules on access, ownership, administration and transfer of land rights coupled with land redistribution and/or restitution in some countries. With the exception of a few countries, such as Botswana, land reforms have largely remained on statute books with little to show on the ground. The paper gives an overview of land reforms in East and Southern Africa, taking Botswana as a case study. It notes that although Botswana has largely been successful in implementing land reforms, it is currently experiencing land tenure problems, especially in peri-urban settlements and inner city low-income areas, despite government's enhanced control over local land administrative structures. The paper ends with suggestions on how to contain the current problems.     

The direct use value of municipal commonage goods and services to urban households in the Eastern Cape, South Africa

To redress past racial discrepancies in ownership and tenure, the ANC government of South Africa initiated programmes to make land accessible to the previously disadvantaged. A key component of the national land reform programme was the provision of commonage lands to urban municipalities for use by the urban poor. However, there has been no assessment of the contribution that urban commonage makes to previously disadvantaged households. This study assessed the economic benefits of the commonage programme to local households, through an in-depth survey of 90 households across three small towns in the Eastern Cape of South Africa. We examined the marketed and non-marketed consumptive direct-use values of land-based livelihoods on commonage, calculated via the ‘own reported values’ approach. The results indicate that a proportion of South Africa's urban population rely to some degree on municipal commonage for part of their livelihoods. Commonage contributions to total livelihood incomes ranged between 14 and 20%. If the contributions from commonage were excluded, the incomes of over 10% of households in each study town would drop below the poverty line. Overall, the value of harvests from commonage was worth over R1 000 (US$ 142) per hectare per year and over R4.7 million (US$ 0.68 million) per commonage per year. However, the extent and nature of use and reliance was not uniform among households, so that we developed a typology of commonage users, with four types being identified. However, rapidly growing urban populations and high levels of poverty potentially threaten the sustainability of commonage resource use. Yet the national land reform programme focuses largely on the transfer of land to municipalities and not on sustainable management. Municipalities, in turn, invest relatively little in commonage management, and the little they do is focussed on livestock production. Non-timber forest products are not considered at all, even though this study shows that they are a vital resource for the urban poor, notably for energy and construction materials.     

Customary vs Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub‐Saharan Africa

Contemporary discourse on land in Africa is polarized between advocates of tenure reform through state registration of individual titles to land and others who claim that customary or 'communal' tenure is the only check against landlessness among the poor in the African countryside, and that 'pro-poor' land policy should therefore strengthen customary rights to land. This paper draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market 'ideal type' communal tenure model that has historically dominated policy thinking in Africa, and continues to be shared by both sides of the current land tenure reform debate. The paper argues that recognition of the specific characteristics of 'vernacular land markets'– commoditized transfers of land within the framework of customary tenure – is essential if state land policies are to succeed in promoting the interests of the poor.     

Measuring quality performance of cadastral survey and deeds registration work processes

When land parcel boundaries are surveyed for purposes of registration in most southern African countries, the cadastral survey records and diagrams prepared have to be examined and approved by the Surveyor General first before they can be registered in the Deeds Registries. For such records to be approved, their quality must conform to requirements stipulated in relevant acts and regulations. Where regulatory requirements are not met, the records are rejected and returned for corrections and resubmission. From a cross-organizational context, poor quality documents lodged upstream have the effect of congesting examination processes downstream as records are rejected and returned backwards due to quality failure. The paper proposes a quality performance measurement model to analyze quality performance in land administration work processes. The developed model is tested on 2 survey examination and approval sites and 3 deeds registration sites in Namibia, Zimbabwe and South Africa. Based on below expected quality results obtained at one of the sites, a root cause analysis was conducted to establish recurring and underlying causal factors upon which quality improvement strategies can be built on.     

Land restitution and communal property associations: The Elandskloof case

Elandskloof was the first land restitution case in post-apartheid South Africa in which the government returned land to a community. The communal property association became dysfunctional, and the courts placed it under government administration. In its haste to return land to the community in the aftermath of the apartheid system the state did not set up comprehensive planning and consultative processes within government institutions, the beneficiary community and NGOs before returning the land. Consequently, the beneficiaries entertained expectations of resources that have not been met due to regulatory and institutional constraints, which have fuelled intense anger. In addition, internal community conflicts over membership eligibility and access to power and resources have bedevilled the project. The advantage of communal property associations is that they offer great flexibility in how a community can set up its land tenure system and the associated rules. However, lack of regulatory structure at the outset places great strain on a governing committee which has to create the rules, police them, judge them and administer sanctions. In Elandskloof, this occurred while the community was being reconstructed and the legitimacy of the governing committee itself was challenged. A major lesson is that the administrative structure, membership boundaries, and the land tenure rules should be established prior to land being returned to a community, and administrative powers need to be separated, at least until the community has settled. The case also raises policy questions about government administration of dysfunctional communal property associations.     

Land Reform in South Africa

An insightful study of the complexities of land reform in South Africa is reviewed, and its key arguments assessed. The study astutely combines ethnographic and historical detail from in-depth case studies in Mpumalanga Province with critical analysis of land reform policies, and locates these within larger theoretical debates on property rights, citizenship and identity. The author argues that a profound and unresolved tension exists within South Africa's land reform programme between broad and inclusive conceptions of 'rights' that are linked to notions of restored citizenship and sovereignty, and a conception of 'property' as individualized ownership of land, implying a much narrower conception of citizenship. The study also focuses on the roles of a variety of mediators and 'brokers' in land reform. Despite its many strengths, the study is not entirely convincing, partly because some key policy debates are mischaracterized. Its treatment of questions of agricultural production, rural livelihoods and the political economy of agrarian change is somewhat disappointing.     

Policy Discourses on Women's Land Rights in Sub–Saharan Africa: The Implications of the Re–turn to the Customary

This article examines some contemporary policy discourses on land tenure reform in sub–Saharan Africa and their implications for women's interests in land. It demonstrates an emerging consensus among a range of influential policy institutions, lawyers and academics about the potential of so–called customary systems of land tenure to meet the needs of all land users and claimants. This consensus, which has arisen out of critiques of past attempts at land titling and registration, particularly in Kenya, is rooted in modernizing discourses and/or evolutionary theories of land tenure and embraces particular and contested understandings of customary law and legal pluralism. It has also fed into a wide–ranging critique of the failures of the post–colonial state in Africa, which has been important in the current retreat of the state under structural adjustment programmes. African women lawyers, a minority dissenting voice, are much more equivocal about trusting the customary, preferring instead to look to the State for laws to protect women's interests. We agree that there are considerable problems with so–called customary systems of land tenure and administration for achieving gender justice with respect to women's land claims. Insufficient attention is being paid to power relations in the countryside and their implications for social groups, such as women, who are not well positioned and represented in local level power structures. But considerable changes to political and legal practices and cultures will be needed before African states can begin to deliver gender justice with respect to land.     

Demand for second-stage land certification in Ethiopia: Evidence from household panel data

Ethiopia has implemented one of the largest, fastest and least expensive land registration and certification reforms in Africa. While there is evidence that this ‘first-stage’ land registration has had positive effects in terms of increased investment, land productivity and land rental market activities, the government is now piloting another round of land registration and certification that involves technically advanced land survey methods and computer registration. This ‘second-stage’ land registration differs from the registration system employed in the first round that used field markings in conjunction with neighbors’ recollections to identify plot borders. We use panel data from 600 households in southern Ethiopia to investigate household perceptions of and demand for such a new registration and certification. Our study revealed relatively low demand and willingness-to-pay (WTP) for second-stage certificates. The WTP also decreases significantly from 2007 to 2012. Our findings indicate that farmers do not believe that the second-stage certificate enhances tenure security relative to the first-stage certificate except in instances in which first-stage certification was poorly implemented. The demand for second-stage certificates appears to come primarily from governmental authorities, as it can provide a better basis for land administration and produce accessible public documentation of land-related affairs.     

Land ownership in the United Kingdom: Trends,preferences and future challenges

The relation between population, land use and land ownership has been little explored by academic researchers, and the redistribution of land ownership has largely disappeared from political debate. This article, while recognising the fragmented and limited data available on land ownership, seeks to summarise the broad changes in land ownership during the past century, distinguishing the three main types: private, state and communal tenure, as well as freehold and leasehold tenures. After considering the effects of the spatial planning system upon land use, it addresses some critical emerging issues, such as environmental protection, risk assessment, and housing land supply, and suggests some future directions for land ownership and the role of the state.     

Land tenure and farm management efficiency: the case of paddy and cinnamon production in customary land areas of Sumatra

This study attempts to identify the impacts of land tenure institutions on the efficiency of farm management based on a case study of lowland paddy (rice) and upland cinnamon production in customary land areas of Sumatra. While the traditional joint-family ownership system is found to exist in paddy land, more individualised ownership systems are widely observed in upland areas. Yet, we found no statistical evidence that residual profit per unit of land is affected by land tenure institutions in either the lowlands or uplands, indicating that the prevailing land tenure institutions are equally conducive to efficient farm management.     

黑龙江省农林用地确权和争议调处问题调查研究

研究目的:研究黑龙江省农地与林地确权及权属纠纷案件的解决办法,为国家有关部门和黑龙江省政府决策提供客观依据。研究方法:文献资料法、实证分析法和理论研究法。研究结论:调整林区土地管理的相关法律关系;林地作为不动产其物权应实行集中统一确权登记;细化现行的地权管理政策及措施;进一步强化各级政府土地权属管理的职能,增加地权争议特别是农林矛盾调处工作力量。     

论南非矿业本土化的立法规制与风险防范

南非是世界五大矿产国之一,也是中国在非洲投资规模最大的国家。南非矿业的增加值约为2305亿兰特,占其G D P的7.3%。矿业已占据中国对南非投资比重的四分之一以上。南非矿业历史悠久,法律制度完善,受殖民主义和种族隔离影响,矿业成为了南非黑人经济振兴政策的重要领域。因此,南非矿业本土化的立法与评估体系对矿业所有权、矿山社区发展、当地采购、住房和生活条件、人力资源开发和就业平等六大方面提出了更高的要求。在赴南非投资矿业的进程中,中国企业必须高度关注其矿业本土化立法的规制,积极做好提升本土化评估等级、履行环境保护义务的举措。     

Land tenure security and its implications for investments to urban agriculture in Soweto,South Africa

Land tenure regime is considered one of the most crucial assets determining viability of urban agriculture, especially in terms of investments. Many authors have built on traditional agricultural theory that only land ownership and (formal) secure land tenure can incite investments into farming, thus stressing the need of secure land tenure for more prosperous urban agriculture. However, these statements are often built on weak or nonexistent empirical evidence. This research aims to contribute to the discussion on land tenure for urban agriculture by mixed-method exploration of the above-mentioned theory. Additionally, we propose a farming investment index which measures the level of investments by using non-monetary information obtained from respondents. The results of our study show that land tenure security for urban farmers is often seen as a rather narrow concept, focusing only on legal tenure security but omitting its other dimensions such as perceived and de facto tenure security. Nevertheless, all three dimensions of tenure security positively influence investments to urban agriculture.     

Urban land administration and planning in China: Opportunities and constraints of spatial data models

China's economic reforms over the past decades have given rise to the development of a rudimentary urban land market. Although one cannot speak of a land “market” in the strict sense of the word, there is an urban land allocation system in which land lease rights can be acquired through the payment of a land-use fee. If the urban land market is to develop in a sustainable manner, new credible institutions need to be established that can safeguard greater legal security and transparency. For these purposes, it is necessary to establish a management system that can support the legal (tenure security), economic (leases, taxes) and broader aspects (spatial and environmental land use policies) of land administration. To make an urban land administration system socially credible and functional, land-related information should be registered and structured at a detailed spatial level, such as parcels. There is no parcel-based information system in China, but the country has developed a population registration system at a detailed spatial level that could be a starting point to develop integrated information systems, or a so-called “local spatial data infrastructure”. This paper reviews China's population registration system and their spatial units and presents a proposal for an information system that can be expanded or adapted to meet the requirements of an effective land administration system.     

More Than Socially Embedded: The Distinctive Character of 'Communal Tenure' Regimes in South Africa and its Implications for Land Policy

This article analyzes debates over tenure reform policy in post-apartheid South Africa, with a particular focus on the controversial Communal Land Rights Act of 2004. Land tenure systems in the 'communal areas' of South Africa are described as dynamic and evolving regimes within which a number of important commonalities and continuities over time are observable. Key underlying principles of pre-colonial land relations are identified, which informed the adaptation and modification of tenure regimes in the colonial era and under policies of segregation and apartheid, and continue to do so today. Exploring the policy implications of this analysis, the article suggests that alternative approaches to that embodied in the Communal Land Rights Act are required. The most appropriate approach is to make socially legitimate occupation and use rights, as they are currently held and practised, the point of departure for both their recognition in law and for the design of institutional frameworks for administering land.     

Adoption of volunteered geographic information into the formal land administration system in Kenya

Individualization of tenure through title registration programmes introduced in many African countries after independence with the promise of security of tenure and increased agricultural productivity has, instead, had the opposite effect. Informal land arrangements continue to emerge as a result of the slow pace of land adjudication (formalization) and updating of land information systems. The trend towards computerization of land information systems has only put focus on already existing formal land tenure arrangements, leaving out the informal social tenure arrangements. As a result, there are now many efforts worldwide motivated by the introduction of the Social Tenure Domain Model (STDM), and freely-available and easy-to-use technology tools to identify, document and map land in support of informal land administration arrangements. Actions are made towards the use of community-generated information to support land administration. Using theories from the interplay between formal and informal institutions, this paper discusses the potential outcomes in adopting Volunteered Geographic Information (VGI) in land administration in Kenya. Two case studies are presented that demonstrate the complementary-accommodating, versus the substitutive-competing approaches. These are then compared with the formal land adjudication process in Kenya. It is established that because of the direct involvement of the national mapping agency in land adjudication where VGI is utilized, the outcome is a case of formal adoption of VGI, while in the other case, where there is little or no involvement by the national mapping agency, the outcome is more of competition and substitution. The latter is an example in which the VGI is used just like any other information to inform policy making, rather than taking it as the authoritative source. We argue that since informality is – and will always be – part and parcel of land administration in many African countries as a result of ingrained social relations and power structures, adopting crowdsourced land information into existing formal land administration systems should consider the particular land administration process, satisfying innate demands and requirements, thus re-engineered to accommodate VGI.     

Growing struggle over rising demand: How land use change and complex farmer-grazier conflicts impact grazing management in the Western Highlands of Cameroon

Continuous population growth and rapid urbanization rates in West and Central Africa are associated with rising demand for fresh vegetables and animal-based products, providing market opportunities for local producers from the surrounding areas. However, in regions such as northwestern Cameroon where pastoral cattle breeding remains an important part of the local livestock sector, competition over dwindling resources with local crop farmers are increasing due to progressive land-use change from natural and traditional grazing areas into agricultural land.In order to determine the main areas of conflict and their interdependencies, we used a multi-temporal land-use classification and a multi-dimensional participatory approach of collecting spatial data from six representative Mbororo cattle herds, equipped with GPS collars. We combined this with 162 map-based interviews with randomly sampled pastoralists on seasonal grazing areas, grazing management, land ownership, and major constraints to herding. This data set was complemented by the perspectives of 40 randomly sampled crop farmers from four major transhumance zones.Both parties identified farmer-grazier conflicts as a serious constraint for their activities in the rainy season (graziers: 23.9 %; farmers: 22.5 %) and particularly in the dry season (36.3 %; 47.2 %). Land tenure issues will be of critical importance in the future as only very few respondents held an official land title, and pastoralists appeared less prepared for land disputes than crop farmers, who more often claimed land ownership through fencing. Therefore, there is an urgent need for developing and implementing alliance farming strategies that are based on dialogue between both interest groups to avoid further escalation within a region already in a conflict-ridden political environment.     

农村集体土地所有权调查确权相关问题探讨

本文在分析农村集体土地所有权确权登记发证相关资料的基础上,结合工作实际,从国家政策、土地管理法规、城镇化进程、地籍调查确权、遥感、勘界、测绘等多角度探讨了在现有技术条件下如何开展农村集体土地所有权的调查确权工作,同时,对调查确权工作中的相关技术问题进行了详细的分析,并提出了切实可行的解决方法。     

From male to joint land ownership: Women's experiences of the land tenure reform programme in Rwanda

During the post‐genocide period, the Government of Rwanda embarked on a land tenure reform programme that culminated in a land registration and titling process in 2009. This paper intends to capture women's experiences in relation to this programme. The empirical data were collected in Musanze District using a household survey, semi‐structured interviews, and focus group discussions. The main findings reveal that there is support of the general idea that women should benefit from the land tenure reform in Rwanda. However, there is some criticism towards parts of the land laws, and women have limited actual knowledge about land‐related laws. With land titles, women mostly have a say on the land use decisions requiring each of the spounses' legal consents but not on the daily management of land and its produce. Finally, the paper reports the persistence of social norms and culturally biased gender ideologies affecting the effective implementation of land‐related laws and policies. Therefore, the paper underscores the need to build the implementation of new laws and policies on a good understanding of customary practices to strengthen women's land rights in Rwanda.     

Registration and release of customary-land for private enterprise: Lessons from Papua New Guinea

Land held under customary tenure has proven difficult to register and release for private enterprise globally. This is because the costs of developing secure rights to land held under communal ownership is high given that such ownership rules out a ‘pay-to-use-the-property’ system while punitive negotiation and policing costs make a ‘pay-him-not-to-use-the-property’ system ineffective (Demsetz, 1967, p. 355). Here I document reforms to institutions governing access to land held under customary title in Papua New Guinea that has imbedded collective ownership whilst allowing for a ‘pay-to-use-the-land’ for private enterprise. Reforms put in place over the past decade have allowed for voluntary incorporation of landowning clans, the registration of their land, and the leasing of this land for up to 99 years. The ongoing reforms provide lessons both for Papua New Guinea and for others wrestling with the challenges of making available land held by customary groups for individual enterprise.