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decentralised land governance: Case STUDIES AND LOCAL VOICES from Botswana, Madagascar and Mozambique Rick de Satgé and Karin Kleinbooi, with Christopher Tanner Decentralised Land Governance: Case Studies and Local Voices from Botswana, Madagascar and Mozambique ISBN: 978-1-86808-725-9 Published by the Institute for Poverty Land, and Agrarian Studies, School of Government, EMS Faculty, University of the Western Cape, Private Bag X17, Bellville 7535. Cape Town, South Africa Tel: +27 21 959 3733. Fax: +27 21 959 3732. E-mail: [email protected] Website: www.plaas.org.za June 2011 All rights reserved. Authors: Karin Kleinbooi, Rick de Satgé with Christopher Tanner Copy-editing and proofreading: Prem Egert Supervising editor: Rebecca Pointer Cover photograph: PLAAS Regional Workshop, 3-7 May 2009, Maputo Photographer: Sabine Pallas Maps: John Hall Design and DTP: Design for development, www.d4d.co.za Printers: CREDA Communications Chapter 1: decentralised land governance i Table of Contents Contributors ii Acknowledgements iii Preface iv Tribute to Tessa Cousins v Introduction 1 Chapter 1: Decentralised land governance 3 Chapter 2: Botswana by Rick de Satgé 14 Chapter 3: Madagascar by Karin Kleinbooi 48 Chapter 4: Mozambique by Christopher Tanner 83 Chapter 5: Lessons and reflections 99 ii Decentralised land governance: Case studies and local voices from Botswana, Madagascar and Mozambique Contributors Rick de Satgé has been involved for almost 20 years Austrian Development Agency of which this case book in the NGO sector in South Africa, Zimbabwe and is a major output. Botswana. He has worked on the ground as a rural Christopher Tanner is a FAO Senior Technical Advisor fieldworker, living and working in remote rural areas on Land and Natural Resources Policy, who currently and played a central role in the founding and manage- ment of two NGOs and in the establishment of local works in Mozambique in a programme to train com- and regional inter-sectoral learning networks. He is munity level paralegals and local government officers in currently a development consultant and a partner in the use of Mozambique’s progressive legal framework Phuhlisani Solutions, based in Cape Town and is an for land and natural resources management. Associate of the Institute for Poverty Land and Agrarian His work on land issues began with a PhD at Cam- Studies (PLAAS) at the University of the Western Cape bridge University, researching childhood malnutrition in Cape Town, South Africa. He has been an independ- ent consultant for more than 15 years as a development and household reproduction in North-eastern Brazil. specialist in land, livelihoods and capacity development, Since the early 1990s he has focused increasingly on with comprehensive experience in rural and urban land issues in Portuguese speaking African countries. development and adult learning . After doing field research and rural development work Karin Kleinbooi is a researcher at PLAAS and holds an in Mozambique, he was appointed to lead FAO support MPhil in Land and Agrarian Studies at the University of to the Mozambican Inter-ministerial Commission to the Western Cape. She has been involved in research Revise Land Legislation in the mid-1990s and has since work on existing and emerging land policy issues, farm been overseeing the development of a programme labour and dweller land reform and women’s land to support implementation of the 1997 Land Law and rights, and has monitored and evaluated land reform a range of related legislation covering Environment, implementation in South Africa. Forests and Wildlife, Territorial Planning, Tourism, etc. Through this programme, implemented by the Centre She co-ordinates learning that enables key practitioners and scholars in the land sector to share experiences for Juridical and Judicial Training (CFJJ) of the Ministry and derive policy-relevant lessons from practices, of Justice, he has been directly involved with several articulating the benefits and limitations of decentrali- projects which have used the devolved management sation in southern Africa, i.e. people-led (but state- and decentralising elements of the Mozambican policy supported) approaches to land reform in the Southern and legal framework to promote an inclusive and African Regional Land Programme funded by the participatory rural development process. Chapter 1: decentralised land governance iii Acknowledgements Ruth Hall is a senior researcher at PLAAS and project and agreed to be interviewed. We also acknowledge the manager of the Southern African Regional Land pro- people whose experiences have been documented in gramme. She completed her doctoral dissertation, The the Mozambican case study. Politics of Land Reform in Post-Apartheid South Africa, 1990 – 2004: A shifting terrain of power, actors and PLAAS also thanks the following organisations: discourses, at the University of Oxford. We would like to DITSHWANELO – The Botswana Centre for Human thank Ruth, who was an advisor on this project, for her Rights – for support, contributions and assistance immensely generous and knowledgeable contributions during the research of the Botswana case study; HARDI and detailed comments on the drafts over an extended – Madagascar, the non-governmental organisation period. based in Antananarivo, for field work and logistical support; and AWARD – The Association for Water and Professor Ben Cousins is the DST/NRF Chair in Poverty, Rural Development in Mpumalanga Province - who Land and Agrarian Studies Institute for Poverty, Land and Agrarian Studies (PLAAS). His decades of experi- provided organisational support to Tessa Cousins in ence of land reform in Southern Africa and beyond conducting the South African case study in Craigieburn greatly enriched this project. which due to her untimely death had to be omitted from this publication. The partnership and collaboration Tessa Cousins, Phuhlisani Associate and rural commu- with these organisations was an important feature of nity expert, played an instrumental role in the concep- this initiative: to outline the nature and impacts of tualisation of the book and the development of the key policy processes. Their experiences of obstacles to, and questions that framed the case study research. innovation in ‘land governance from below’ provided PLAAS would like to thank all the people from Bot- the relevant understanding of the context in which land swana and Madagascar who participated in this project governance is decentralised. iv Decentralised land governance: Case studies and local voices from Botswana, Madagascar and Mozambique • Tessa Cousins from The Association for Water and Preface Rural Development (AWARD) in Mpumalanga The Southern Africa Programme on Land, managed by Province, who started to research the case study PLAAS and supported by the Austrian Development and develop a toolkit to assist with local processes Agency (ADA), has sought to develop a learning culture of decentralised land governance. through documenting land reform practices and We had begun to develop a conceptual approach to the experience. This book examines the experience of three complex issues contained within the rubric of decen- countries in their attempts to decentralise the govern- tralised land governance, and had started with field ance structures and systems for recording, allocating research at the different sites when Tessa was killed in a and managing land rights and reflects on the lessons climbing accident in Scotland on 31 May 2011. Her role learnt. in the planning and thinking about this publication was pivotal. Her tragic death brought our work to a halt for We started out with a team of three a period as we tried to come to terms with this loss. We researchers have felt Tessa’s absence keenly and it has inevitably diminished what we have been able to achieve without • Karin Kleinbooi from PLAAS, who managed the her. Sadly, the case study she was working on was project and researched the Madagascar case incomplete at the time of her death. study; We would like to thank Chris Tanner for coming to our • Rick de Satgé from Phuhlisani, who worked with assistance at very short notice to provide a case study the staff of DITSHWANELO – The Botswana Centre from Mozambique and to ADA for their patience and for Human Rights, to research the Botswana case understanding of the challenges we have faced in study and think through lessons learnt; completing this important work. Chapter 1: decentralised land governance v Tribute to Tessa Cousins Tessa in discussion with a resident of Craigieburn In her professional life Tessa was a listener and a From the many deeply thought and felt tributes which creator of conversational thinking spaces that gave family, friends and co-workers have written and shared voice to many different people and provided the impetus since her death, it is clear that Tessa has made a lasting for dialogue, and the interrogation of problems and imprint on many lives. practices, which generated both practical solutions - We do not have to search hard to discover the patterns and further questions. and trends that represent Tessa’s life. They are writ Knowing Tessa, many images of her come to mind. For large. As Robert Chambers, Tessa’s Participatory Rural Appraisal (PRA) mentor, has advised, we must take me, as a fellow facilitator and researcher it is the tools comfort in her life, what she did, what she started and of her trade: the emerging lines of enquiry and the who she influenced -and in this way, we can add to the kokis, the coloured cards, the matrices, the maps and legacy that she leaves behind. ideograms – the means to record thoughts and ideas, to ground concepts and to leverage different interpreta- Rick de Satgé tions and meanings. September 2011 vi Decentralised land governance: Case studies and local voices from Botswana, Madagascar and Mozambique Chapter 1: decentralised land governance 1 Photographer – Phides Mazhawidza, Zimbabwe Women’s Farmers Association INTRODUCTION Decentralisation has been on the Southern African de- socio-economic relations which further marginalise the velopment agenda for a long time.

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