INTRODUCTION South African Periurban Land PERIURBAN
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INTRODUCTION • Practical policies, strategies and practices that PERIURBAN TENURE effectively integrate the urban, peri-urban and rural landscapes are critical MANAGEMENT IN • I will cover legislation and agriculture SOUTH AFRICA • Urban areas continually grow Michael Barry • Consume agricultural land in the process. – Impacts on food security University of Calgary • Urban sprawl unsustainable – Public transport subsidies greater than income – Health problems, unemployment and crime South African Periurban Land PERIURBAN ENVIRONMENT • In land proximate to urban areas, there is a mix • Apartheid city spatial structure of rural, industrial and urban land uses. • Upper income whites on residential small • Different land tenure practices, range from holdings where land is not utilised for food individual ownership to traditional African land production. tenure, with continuum of hybrids and adaptations – Inappropriate land use – tourism, illegal industry • Income levels, land values, land use and land – Land held for speculative purposes, and is sometimes deliberately stripped of its agricultural potential parcel sizes vary considerably – Security a major factor - crime impacts on personal – “Merc & manure”, commercial & subsistence farming, informal settlements, low cost housing, traditional safety as well as theft of product. areas – Providing services to smallholdings is costly Low Cost Housing and informal Traditional Areas settlements • Land tenure dynamics involve disparate overlapping • In areas where the urban area interfaces with claims and different power structures such as warlords, civics, traditional leaders. former African customary areas, groups have • Competing agendas for land use been known to split away from the main tribal • Informal settlements are often created by organised coalitions to create informal settlements. invasions or shack farming • Reluctance on the part of many traditional • 1.5 million houses built. But, incorrect assumption that leaders to contemplate development initiatives in most households are urbanised and immobile. their areas, for fear of losing control • Informal trading in land, housing and accommodation takes place. • Inappropriate, over-detailed and inflexible – Backyard infill shacks in land reform housing projects. regulatory and legal frameworks. – Landlordism occurs as powerful individuals purchase houses informally and then rent them out. − Lack of capacity to carry out effective governance 1 Imperatives Apartheid Spatial Planning • Need an urban edge • Soft edge, a buffer zone of green space wherein intensive agriculture is the predominant use of arable land • Social and political imperative - black South Africans practice agriculture under secure tenure. – Urban edge provides opportunities Post 1994 Provinces Zimbabwe Botswana e u iq b nd m ila za Transvaal az o Namibia Sw M Free State Natal Lesotho c n Cape ti a n e Province tla C A O Cape Indian Ocean Town N Nelspruit Cape Town 2 3 The Development Facilitation Act 67 of 1995 (DFA) • addressing the spatial patterns inherited from apartheid • to fast track formalising land rights • provides for a range of tenure options including individual, communal or tribal based systems • Provides for initial ownership which can be converted into full ownership • Local government is required to set land development objectives – services (including public transport), urban and rural growth, interests of beneficial occupiers, coordination with other authorities and finance. Constitution 1996 Constitution 1996 • Recognises the institution, status and role of • Category A municipalities have exclusive traditional leadership. municipal executive and legislative authority in their areas • A traditional authority that observes customary law may function subject to any applicable •A Category B municipality shares municipal executive and legislative authority in its area with legislation and customs, subject to the supreme a category C municipality within whose area it law of the land, the Constitution. falls • Details of policy relating to how this should be •A Category C municipality has municipal achieved have been published in the Draft White executive and legislative authority in an area Paper on Traditional Leadership and that includes more than one municipality. Governance (RSA 2002). Category C municipalities may contain a number of category B municipalities and rural areas. Enabling Policy and Legislation KwazuluNatal District Councils (C- Municipalities) • Municipal Demarcation Act 27 of 1998 • Municipal Structures Act 117 of 1998 • Municipal Systems Act 32 of 2000 • Communal Property Associations 1996 • Communal Land Rights Bill, 2002 • Draft White Paper on Traditional Leadership and Governance 4 Municipal Systems Act 32 of Legislation Analysis 2000 • Compels municipalities to formulate an • Governance structure and legislation are integrated development plan (IDP). excellent th • Each municipal council must, within a • Criticism that 4 tier of government introduced prescribed period after the start of its elected • Devil in the detail of defining mandates and term, adopt a single, inclusive and strategic plan financing of Municipalities and the District for the development of the municipality. councils (C-level municipalities) • Capacity and morale problems at municipal • These must be aligned with, and complement, level; this can be expected during transformation the development plans and strategies of other • Daring too much and then achieving too little so affected municipalities and other organs of state that laws are dismissed as rhetoric to give effect to the principles of co-operative – … but few alternatives provided by critics government. Management strategy Peri-urban Agriculture • Urban agriculture initiatives • People have multifaceted livelihoods. • Realistically, agriculture can augment income and • Land Tenure options nutrition • Small scale farming operations can provide buffer zones – path to ownership around installations – Or advantages for owners to densify e.g. • Urban and periurban conservancies in partnership with traditional healers and medicine suppliers superblocks. • Need to manage township livestock for health reasons. • Opportunity for recycling waste and for the usage of grey water. • Small parcel farming operations can serve a role in restoring environmentally damaged areas • Green space - might deter invasion if cultivated by locals Strategy Components • Systemic approach. • All the parts must be in place High risks of failure, there are − Low success rate numerous uncontrollables, but − Experience of infrastructure vandalised have to proceed anyway • Institution like agricultural cooperative − Distribution, marketing, irrigation, fertiliser • Training and capacity building “Do Nothing” is not an option • Select people who want to farm • Change management – engage resistors • Design public transport for agricultural traders to get their products to markets. 5 Municipal Demarcation Act 27 of Municipal Demarcation Act 27 of 1998 1998 • Factors to be taken into account • effectively; • 25.In order to attain the objectives set out in section 24, the Board • d.the need to share and redistribute financial and must, when determining a municipal boundary, take into account - administrative resources; e.provincial and municipal • a.the interdependence of people, communities and economics as indicated by- boundaries; • i.existing and expected patterns of human settlement and migration; • f.areas of traditional rural communities; ii.employment; • g.existing and proposed functional boundaries, including iii.commuting and dominant transport movements; iv.spending; magisterial districts, voting districts, health, transport, v.the use of amenities, recreational facilities and infrastructure; and police and census enumerator boundaries; vi.commercial and individual linkages; • h.existing and expected land use, social, economic and • b.the need for cohesive, integrated and unfragmented areas, transport planning; i.the need for co-ordinated municipal, including metropolitan areas; provincial and national programmes and services, • c.the financial viability and administrative capacity of the municipality including the needs for the administration of justice and to perform municipal functions efficiently and. health care; Municipal Demarcation Act 27 of Demarcation Process 1998 • j.topographical, environmental and physical characteristics of the area; • k.the administrative consequences of its boundary determination on - When coupled with the serious shortfalls of capacity throughout our country and the existing spatial inequalities in resource provision it is clear that the • i.municipal creditworthiness; transformation process will require intensive monitoring and adjustments as ii.existing municipalities, their council members and staff; the system evolves. From assigning functions and powers to municipal and governance, to restructuring administrations, the demarcation process has not iii.any other relevant matter; and only initiated a whole series of processes which will forever change the • l.the need to rationalise the total number of municipalities geography of South Africa, but has challenged the way western mindsets within different categories and of different types to organise space and politics: as urban and rural, as locations of achieve the objectives of effective and sustainable primary/secondary/tertiary activity, as spaces of production and reproduction service delivery, financial viability and macro-economic