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Urban Land Tenure and Public Policy Challenges: the Case of Access, Ownership and Use in Phokeng

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Urban Land Tenure and Public Policy Challenges: the Case of Access, Ownership and Use in Phokeng URBAN LAND TENURE AND PUBLIC POLICY CHALLENGES: THE CASE OF ACCESS, OWNERSHIP AND USE IN PHOKENG. KADUNGURE IVAN Dissertation submitted to the School of Governance, University of the Witwatersrand, in partial fulfilment of the requirements for the degree of Master of Management in Public Policy Supervisor: Prof. Pundy Pillay 4TH September 2015 DECLARATION I declare that this research report is my own unaided work. It is being submitted in partial fulfilment of the requirements for the degree of Master of Management in Public Policy at the University of the Witwatersrand, Johannesburg. It has not been submitted before for any degree or examination in any other university. Ivan Kadungure ……day of September 2015 i ACKNOWLEDGEMENTS I wish to acknowledge the role played by various people in this project. This includes the leadership of the Wits School of Governance that motivated to Council that I be permitted to complete my studies. The panel for my proposal led by my supervisor, Prof Pundy Pillay challenged me to use Royal Bafokeng Nation (RBN) as a case study, and despite time and financial limitations I wondered why not. Phokeng, a village in traditional Royal Bafokeng Nation was ideal to undertake the research because very soon it might become a secondary town of Rustenburg. I wish to acknowledge the role played by my supervisor in encouraging me to get the research completed. I am very grateful and indebted to Professor Pundy Pillay for all the contributions he has made for the successful completion of the research. ii DEDICATION I dedicate the research to my extended family who tolerated the mess I kept in the house and my absence from family activities, especially my wife Tsakane. Hats off to nephew Percy Murwisi who became an out and out professed disciple of De Soto, it kept me on my tenterhooks. My niece Rukudzo Pamacheche did the secretarial and my daughter Rudo also helped with some computer applications. As I complete, my thought goes to the MM: PP first year class of 2008 who, because of their young average age I would jokingly introduce myself as ABET, short for Adult Basic Education because of my advanced age. iii ABSTRACT The study focuses on the lived experiences of indigenous and traditional community of Phokeng in the process of urbanising. It is a community affected by unclarified policies and documents to secure their tenure. Phokeng community in Rustenburg is approximately 200 km to the west of Johannesburg. The research revealed that the rural and marginalised of Phokeng is now becoming urbanised and that there is inadequacy of legislation or policy to guarantee security of tenure in an area a under traditional authority. The community has historically depended on oral information and storytelling. A total of thirty informants were surveyed in the community. The study elicited information on informant’s understanding of security of tenure, the role they played to secure tenure to their land. It also probed, their awareness of developmental policies affecting their activities and expectations. The study revealed that people did not have title to the land they occupied but were very content that they were safe from evictions because the traditional leader and his traditional authority provided the guarantee. There is need for further research on why people in traditional authority areas that are in the process of urbanising would be content to live on land on which they do not have registered tenure rights. iv TABLE OF CONTENTS Page DEDICATION ................................................................................................................................................. iii ABSTRACT ..................................................................................................................................................... iv TABLE OF CONTENTS ..................................................................................................................................... v FIGURES, MAPS AND ANNEXURES ................................................................................................................ x ABBREVIATIONS ........................................................................................................................................... xi CHAPTER 1: INTRODUCTION ......................................................................................................................... 1 1.1 Background ................................................................................................................................... 1 1.2 Justification for the research ........................................................................................................ 3 Urbanisation in a global context .......................................................................................................... 3 The African context .............................................................................................................................. 4 The South African context .................................................................................................................... 4 1.3 Problem statement ..................................................................................................................... 10 1.4 Aim .............................................................................................................................................. 11 1.5 Research question ....................................................................................................................... 12 1.6 Definition of concepts ................................................................................................................. 13 1.7 Significance of study ................................................................................................................... 14 1.8 Ethical considerations ................................................................................................................. 16 1.9 The structure of the research study ........................................................................................... 17 v CHAPTER 2: LITERATURE REVIEW, CONTEXT AND THEORY ........................................................................ 18 2.1 Introduction ................................................................................................................................ 18 2.2 South African land reform policy: point of departure ................................................................ 21 Land restitution and restorative justice. ........................................................................................... 21 Land redistribution. ............................................................................................................................ 23 Land tenure reform ............................................................................................................................ 26 Synthesis ............................................................................................................................................. 28 2.3 Urban land policy inadequacies or flaws in RSA: Alternative policies, debates and other research .................................................................................................................................................. 29 Housing and urban policies and debates ........................................................................................... 30 Academic influence in initial post 1994 policy formulation ................................................................... 31 Policy as power and politics .................................................................................................................... 32 Influence of development professionals ................................................................................................ 35 2.4 Presidential, ministerial and other agency pronouncements and the role of the judiciary ....... 36 2.5 Global assessment of indigenous communities that are urbanising .......................................... 37 Romani and/or Gypsy Travellers of UK ............................................................................................. 37 American Indians and Canadian First Nation (North America) ........................................................ 38 Australian Aborigines and New Zealand Maori ................................................................................ 39 Kampala, Uganda ............................................................................................................................... 39 Basarwa of Botswana (including the San of Namibia and the Khoisan of RSA) ............................... 39 EThekwini metropolitan municipality ............................................................................................... 40 vi Concluding observation ..................................................................................................................... 42 2.6 Other research and the formal – informal dichotomy and the land tenure continuum ............ 42 2.7 Theory that advances the research project ................................................................................ 46 2.8 Conclusion ................................................................................................................................... 47 CHAPTER 3: RESEARCH METHODOLOGY ...................................................................................................
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