土地资源管理专业 论文外文文献及译文.doc

土地资源管理本科毕业论文外文文献及译文文献题目：Rural and Urban Land Development and Land Tenure Systems: A Comparison between South Africa and Botswana*大学毕业论文外文文献及译文外文文献：RURAL AND URBAN LAND DEVELOPMENT AND LAND TENURE SYSTEMS: A COMPARISON BETWEEN SOUTH AFRICA AND BOTSWANASusan BouillonLegal Advisor: City Council of PretoriaINTRODUCTIONFranklin D. Roosevelt once said that Every person who invests in land near a growing city, adopts the surest and safest method of becoming independent, for land is the basis of wealth. The purpose of this paper is to discuss the rural and urban land development and land tenure systems of South Africa and Botswana, and to explain their contributions to urban sustainability. DEVELOPMENT PLANNING IN BOTSWANABotswana is located at the centre of the South African 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 consists of local tribal courts, which adjudicate traditional matters and Tribal Land Boards, which rule on land use matters in tribal lands and traditional villages. Town Councils rule on land use matters in urban areas. The government of Botswana has adopted a system of development planning which has coped relatively well compared with other African countries. Development planning involves the preparation of land use plans for both urban and rural areas. The practice in Botswana is that the public is made aware of the implications of land use plans before land is zoned for various uses. Public awareness and participation is ensured by giving land users an opportunity to select preferred land use options from a range of options determined through the evaluation of physical and economic suitability of land resources (bottom-up approach).PROPERTY RIGHTS AND LAND TENURE IN BOTSWANAIt is the policy of the Government that all citizens should have easy and equal access to land. In order to realize this, three land tenure systems have been put in place. Tribal land covers 71% of the total land area of the country. It is allocated to citizens 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 percentage of this land is allocated for residential purposes, particularly in urban centers. Freehold land comprises only 6% of the total area and is privately owned. Most of the government policies to date are therefore directed at tribal land.RURAL LANDPrior to independence, Botswana had established traditional ways of allocating and managing tribal land and its resources through chiefs and communities. Soon after independence, the authority to allocate tribal land was shifted from the chiefs to the Tribal Land Boards which were established by the Tribal Land Act, but the management of the resources remains the responsibility of the users and their communities. According to this act, almost 71% of the available land is administered as tribal land according to an integrated system of customary land tenure. Although the tenurial rules for tribal land have been changed considerably by this act, it is considered a very innovative way to combine individual land tenure security with tribal land-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 initially entitled to make customary and common law grants, 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 registration system and rights are not registered in the central deeds registration system of Botswana, apparently to keep them more affordable. The Land Boards are entitled to issue certificates of customary grants or certificates of occupation. Provision has been made for the conversion of these certificates into titles registrable in the deeds registry once demand arises to deal with these certificates in the commercial lending market. Any change in right-holder must be reported to the land board in order to maintain the accuracy of the record system of the land board. Shelter provision in rural areas has been on individuals initiatives. The most important prerequisite for housing development, which is access to land, has not really been a disturbing issue due to the fact that all male and female citizens are allocated tribal land for free, but in an effort to facilitate shelter provision in rural areas, the government intends to introduce a rural housing programme. Land use planning is not a new phenomenon in Botswana. Past experiences and records indicate that the traditional chiefs who had authority on land have always done some form of land use planning. Formal land use planning in Botswana started with the implementation of the Tribal Grazing Land Policy in 1975, when some areas were zoned for wildlife use, others became reserved areas, while other areas continued to be for communal use. This policy enabled individuals or groups to have exclusive use of land in areas zoned for such use. These rights are permanent, exclusionary and inheritable. They may only be revoked by the land board in circumstances where the right-holder fails to utilize the land on terms specified by the land board, or fails to develop the land according to the specified purposes within five years or where the land was not distributed fairly. In these instances, the land does not revert to the government but is reallocated by the land board to other applicants. This policy was therefore a major programme through which rural development was to be achieved.The districts up to now continue to prepare and update their respective integrated land use plans. In the preparation of such plans the communities have major inputs with regard to the various land uses. This is in realization of the fact that to have an implementable and sustainable land use plan, the communities should be the ones who decide the uses on a particular type of land. It should be noted, however, that not all districts have such plans.URBAN LANDAn urban centre in Botswana is defined as All settlements on state land and settlements on tribal land with a population of 5000 or more persons with at least 75% of the labor force in non-agricultural occupations. Generally, an urban centre should be seen to provide its population with infra-structural and environmental services similar to that which exists in a modern city. Rural-urban migration has played an important role in the growth of urban areas. Several urban development policies have been evolved over the years to guide the growth and development 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 development is aimed at the rural areas, but a few programmes were introduced in order to better the circumstances of those living in urban areas. The Self Help Housing Programme was introduced to assist the low income urban households to develop their own houses. Under this scheme, the Government provides basic services such as roads, water stand pipes, and a pit-latrine to each plot. Plot holders were given tenurial security through a Certificate of Rights. This programme has also been used in upgrading the squatter settlements which existed prior to its inception. 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 Servicing Programme, was introduced. The objective of the programme was to service land for all uses, such as residential, commercial and industrial, in all urban areas. A Housing Department has been established, which is charged with the responsibility of promoting housing development and improvement through policy initiatives that create an enabling environment for shelter provision. The Town and Country Planning Act, which is the main legislation guiding physical planning in Botswana, makes provisions for an orderly and progressive development and control of land in both urban and rural areas. The Urban Development Standards and the Development Control Code also facilitate the orderly planning of settlements. Sustainable urban development 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 infrastructures in human settlements is seen as an investment that fosters sustainable development and that can improve the quality of life, increase productivity, improve health, and reduce poverty. Although the concept of sustainable development gained prominence on the international scene 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 AFRICAThe shape and form of the cities in South Africa are the result of conscious apartheid planning in the past. When South Africas first democratically elected government came into power in 1994, it inherited the fragmented, unequal and incoherent planning 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, ordinances, procedures and regulations. There was a lack of coordination, an unequal distribution of resources and a lot of red tape which slowed down development projects.A National Development and Planning Commission were appointed to advise the Minister of Land Affairs and the Minister of Housing on planning and development. Among other things, the Commission was requested to prepare a Green Paper on planning which would review and recommend changes to the apartheid legislation and process of land development in South Africa. The Commission decided to focus on the spatial planning system for urban and rural development. 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 adopted. This policy is based upon integrated development planning, a process which aims to maximize the impact of scarce resources and limited capacity. The prime purpose of this policy was to establish procedures to facilitate the release of appropriate public land for affordable housing, public services and productive as well as recreational purposes. In settlements which have been established in remote locations, without formal planning, land development involves upgrading services and infrastructure in situ.Planning in South Africa in the past and at present is done according to the Town Planning Ordinances of the various provinces. Although mechanisms for forward planning have long existed, the town planning scheme, which was established in terms of the Ordinances, is at the heart of the town planning system. While this system was strictly enforced in most white, Indian and colored areas, only simplified versions were later introduced to urban townships, further complicating the land administration system. As a result hereof South African settlements in both urban and rural areas were generally inefficient, fragmented and inconvenient. In large part, this is the result of the interplay between historical spatial planning policies and practices and the implementation of the ideology of apartheid. Despite this, there are few signs that significant and wide reaching improvements have been set in place since 1994. The Constitution of South Africa has a bearing on the planning system in those new constitutional requirements such as cooperative governance, procedural and participatory rights to ensure accountability for decision-making, the promotion of social and economic rights and the protection of the environment create imperatives that profoundly affect planning. In the planning sphere, legislation has shifted, with the passing of the Development Facilitation Act, which was the first national planning legislation promulgated after the first democratic elections in 1994, from being control-orientated towards being normatively-based. It was passed to begin the process of transforming planning to meet the needs of the new democracy.The Development Facilitation Act introduces the concept of land development objectives. These are plans approved by political decision-makers that set their objectives and targets for development of an area. The land development objectives intentions are to create a clear spatial framework for the area and to create a proactive rather than a reactive planning system. In terms of the Local Government Transition Second Amendment Act municipal authorities are required to create integrated development plans. An integrated development plan is a plan aimed at the integrated development and management of the area of jurisdiction of the municipality concerned, and which has been compiled having regard to the general principles contained in the Development Facilitation Act. A common intention of both integrated development plans and land development objectives is to tie public agency plans to budgets. In drawing up both land development objectives and integrated development plans, local authorities are required to try to achieve the intentions of the Development Facilitation Act principles. A land development application may not be approved if such application is inconsistent with any land development objective or integrated development plan, although land owners and developers may make proposals to change land use if they can motivate that the change would be consistent with both integrated development plans and land development objectives and the Development Facilitation Act principles. The onus of responsibility to demonstrate this is on the developer.PROPERTY RIGHTS AND LAND TENURE IN SOUTH AFRICALand tenure in post-apartheid South Africa is a contentious issue and has long been a source of conflict. As is the case in many transitional political situations, there are also differences of opinion regarding the role and definition of ownership and other rights in property. The Constitution of South Africa provides in section 25(1) for the acknowledgement of different rights in property. It is clear that not only ownership, but also other rights in immovable property are recognized and protected. In terms of section 25(6) the state has the obligation to secure by means of legislation, other forms of land tenure which are insecure as a result of the apartheid legislation and policies.In order to rectify the injustices of the past, the Department of Land Affairs started with a programme of land reform by means of restitution, redistribution and tenure reform. This programme resulted in the following acts being promulgated: the Restitution of Land Rights Act (regarding the restitution of land to persons dispossessed of land after 1913 as a result of racially discriminatory legislation), the Development Facilitation Act (regarding quicker and cheaper planning and development methods), the Land Reform (Labor Tenants) Act (regarding the security of housing, grazing and cultivating rights of labor tenants), the Communal Property Associations Act (regarding the creation of associations to own, control and deal with communal/common property), the Interim Protection of Informal Land Rights Act (regarding the interim protection of the rights of people in rural areas), the Extension of Security of Tenure Act (regarding the protection of laborers other than labor tenants in rural areas) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (regarding the measures to protect vulnerable occupiers and evict squatters).The vision and strategy for South Africas land policy, a policy that is just, builds reconciliation and stability and contributes to economic growth, is set out in the White Paper on South African Land Policy. The governments land reform programme is made up of land restitution(which involves returning land lost since 1913 because of racially discriminatory laws, or compensating victims for loss of land due to racially discriminatory laws), land redistribution (makes it possible for poor and disadvantaged people to buy land with the help of a Settlement/Land Acquisition Grant) and land tenure reform (it aims to bring all people occupying land under a unitary, legally validated system of landholding.) This programme will devise secure forms of land tenure, help resolve tenure disputes and provide alternatives for people who are displaced in the process. In the long run, as part of the land tenure reform programme, government is committed to the transfer of the land, which is in the nominal ownership of the state, to its real owners. The White Paper emphasizes the importance of local participation in decision-making, gender equity, economic viability, and environmental sustainability in the implementation of the land reform programmes. This White Paper is not only focusing on the urban areas but also on th