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The Urban Land Paper Series Vol. 1 The Urban Land Paper Series Tel: + 27 11 407 6471 • Fax: + 27 11 403 5230 P.O. Box 32160 • Braamfontein 2017 www.sacities.net Volume 1 2163 Land Series FULL COVER 3.indd 1-3 2015/09/23 2:03 PM 1. The Politics of Urban Land and Ownership: Locating spatial transformation in the urban land question by Nomalanga Mkhize Photo: © Cedric Nunn From the series, UNSETTLED: 100 Years War of Resistance by Xhosa 2. The History of Spatial Planning and Land Use in South Africa Against Boer and British 2012-2014 by Paul Hendler Cedric Nunn ‘Unsettled’ publications, published by Archipelago Books, New York (2015); and Wunderhorn, Heidelberg (2015) 3. Rethinking Land Value in South African Cities for Social and Spatial Integration by Mercy Brown-Luthango A history museum housed in one of the early buildings of Castle Hill, Algoa Bay, present day Port Elizabeth. 2013 4. Directing Urban Land towards Spatial Transformation Mduduzeli Mkele, Yonela Mcanda and Sima Mkele, on the rise by Stacey-Leigh Joseph overlooking Grahamstown from which Makandha Nxele (Makana) and his forces attacked the garrison in 1819. 2013 5. The Evolution of Urban Planning Law and Policy, 1994–2014: Implications for South African cities Bridge over the Inxuba (Great Fish) River, built in 1877. The region by Stephen Berrisford of Committees Drift was of great strategic value to the British, because of ist proximity to Grahamstown. 2013 6. Land Use Planning Alignments: Reflections on Short-cuts and Compromises The ruins of Theopolis. by Nellie Lester 2013 The ruins of the Dimbaza Border Industrial Park. Built in the 1970s as a source of cheap labour for industrialists (and ostensibly 7. Market Interventions for Sustainable Cities: Understanding land markets employment for Ciskei Homeland citizens). This industrial zone by Nicola King and Mark Napier collapsed after 1994. 2013 8. Translating Land Policy to Practice Bhisho. King William’s Town 2014 by Peter Magni Ginsberg, hometown of Steve Biko, and cradle of the Black Consciousness Movement. King William’s Town 2014 Nolukhanyo township entrance, Bathurst. 2013 2163 Urban Land Series FULL COVER 3.indd 4-6 2163 Land Series INDEX PG.indd 1 2015/09/232015/09/23 12:14 PM 3:33 PM CONTENTS 1. The Politics of Urban Land and Ownership: Locating spatial transformation in the urban land question by Nomalanga Mkhize 2. The History of Spatial Planning and Land Use in South Africa by Paul Hendler 3. Rethinking Land Value in South African Cities for Social and Spatial Integration by Mercy Brown-Luthango 4. Directing Urban Land towards Spatial Transformation by Stacey-Leigh Joseph 5. The Evolution of Urban Planning Law and Policy, 1994–2014: Implications for South African cities by Stephen Berrisford 6. Land Use Planning Alignments: Reflections on Short-cuts and Compromises by Nellie Lester 7. Market Interventions for Sustainable Cities: Understanding land markets by Nicola King and Mark Napier 8. Translating Land Policy to Practice by Peter Magni 2163 Land Series INDEX PG.indd 1 2015/09/23 12:14 PM Introduction by Stacey-Leigh Joseph, Peter Magni and Gillian Maree 2163 Urban Land Series DIVIDERS.indd 9 2015/09/30 7:25 AM CONTENTS Land and the Battle for the Nation’s Soul 2 Considerations when thinking about urban land 3 Why this Land Series? 4 What this series does not seek to do 4 What this series seeks to achieve 4 Issues covered in this series 5 Introduction by Stacey-Leigh Joseph, Peter Magni and Gillian Maree 1 2163 Urban Land Series DIVIDERS.indd 9 2015/09/30 7:25 AM Land and the Battle for the South Africans of their dignity and rights in the country of their birth, the land question needs to be placed fi mly on the Nation’s Soul agenda. In July 2014, Sbu Zikode of Abahlali baseMjondolo delivered Section 25(5) of South Africa’s Constitution enshrines the a damning indictment against the post-apartheid government right to land, declaring that ‘[t]he state must take reasonable that gave insight to the experiences and reality of many poor legislative and other measures, within its available resources, urban dwellers. He pointed out that, after two decades of be- to foster conditions which enable citizens to gain access ing ‘free’, freedom remained a dream for those in cities without to land on an equitable basis’. The Constitution also makes access to land and its benefit . He highlighted the frustration provision (in Section 25(7)) for redress and restitution to and exclusion felt by people who continue to struggle on a people who had been dispossessed of their land. At the same daily basis for access to shelter, services and the benefits of the time, it protects the rights of current property owners who city. The overwhelming sentiment expressed was that govern- may not be arbitrarily removed from the land they currently ment does not seem to be interested in the plight of poor ur- occupy. However, this right is not absolute, and the state can ban dwellers who are evicted and persecuted. take reasonable measures (including expropriation) to achieve ‘land, water and related reform, in order to redress the results The Natives Land Act (No. 27 of 1903) effectively prohibited of past racial discrimination’. black people from owning land in South Africa, limiting them to 7% of the land on reserves. The effect was crippling for people Land is critical to all aspects of human well-being: it provides whose livelihoods depended on land for farming and cattle, material goods for livelihoods, food and health; mitigates and whose culture and society were associated with land. The environmental stressors or future uncertainties; and underlies effects of this dispossession can be felt today, visible in the many cultural values. Access to land and land resources is words of Zikode and among those who struggle to access land central to creating opportunities, reducing inequality and and shelter in South Africa. In removing black people’s right to improving the livelihoods of the most vulnerable. As urban own land, the Natives Land Act essentially ripped out the soul populations grow, the demands on land (and possible of the nation. subsequent confli ts) are likely to only increase in the future. Therefore, a transformation agenda cannot be complete Different viewpoints and expectations concerning land will without reclaiming and restoring the dignity, identity and complicate the realisation of equitable access to land and legitimacy of black Africans, which is intimately connected to redress for past discrimination. Traditional Authorities will the land agenda. These and other reasons make the land issue have a different perspective of land and the rights of people highly emotive in South Africa, where it is tied up in the history compared to a person who wants to buy some land as an of dispossession and oppression. A small elite continues to investment. And the perspective of a contract worker renting own land, although the extent of this ownership is not clear. a room will differ from that of a person without a job or a place Government owns huge portions of land, which is often to stay. An environmentalist will seek to maintain ecosystems, used ineffici tly, despite the great need (and demand) for biodiversity and associated resources and so will perceive land to be used for shelter, economic activity, infrastructure land very differently from a mining prospector interested in development etc. the resource potential of the land. For a democracy like South Africa, accommodating these vastly different perspectives is a In addressing the legacy of apartheid, the land response in legislative challenge, especially in urban areas that are home South Africa has focused largely on restitution, redistribution to so many different people, with different views and ways of and redress through the land claims process – mainly related doing things. to rural areas. However, with increasing urbanisation, the issue of how to address urban land challenges has repeatedly come The management and control of urban land in South Africa is to the fore. More and more people are seeking opportunities in complex. Effective land governance that drives transformation towns and cities across the country, but are effectively excluded falls within the ambit of local government. The recently because of the high cost of urban land and the skewed land promulgated Spatial Planning and Land Use Management ownership, as highlighted by Zikode. Twenty years after the Act (No. 16 of 2013) (SPLUMA), places responsibility for end of apartheid, and more than 100 years after the Natives planning within the control of local government. However, Land Act stripped black local government is not responsible for – and does not have control over – all the land parcels in its area of jurisdiction. The private sector, other government spheres and state-owned 1 Abahlali baseMjondolo is a shack dweller movement in South Africa known for campaigning against evictions. 2 Zikode, S. 2014. No freedom without land. Speech to 10th biennial consultation on urban ministry. Accessed on 29 June 2015 http://www.thedailyvox.co.za/ abahlali-basemjondolo-no-freedom-without-land/ 2 enterprises own large tracts of land. the legal and regulatory environment for land provides local government with tools to facilitate the best use of land, This land series explores the debates and processes related irrespective of the owner. to land in South African cities. Ultimately, it provides a deeper insight for government as a whole, and local government in How land is valued and used is essential particular, in order to enable a restorative, just, equitable and Only by understanding the current state, value and use of land sustainable developmental outcome. can decisions be made about the future development of the city.
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