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Urban Land Tenure, Tenancy and Water and Sanitation Services Delivery in South Africa

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Urban Land Tenure, Tenancy and Water and Sanitation Services Delivery in South Africa URBAN LAND TENURE, TENANCY AND WATER AND SANITATION SERVICES DELIVERY IN SOUTH AFRICA SIBANDA, DARLINGTON (2841632) A THESIS SUBMITTED IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR PHILOSOPHIAE (PHD) IN LAND AND AGRARIAN STUDIES SUPERVISOR: PROF M. ISAACS PHD THESIS PRESENTED TO THE INSTITUTE FOR POVERTY, LAND AND AGRARIAN STUDIES (PLAAS): FACULTY OF ECONOMIC AND MANAGEMENT SCIENCES, UNIVERSITY OF THE WESTERN CAPE 2017 i DEDICATION I dedicate this work to my late parents, Magaret and James Makaya Nyama who planted and natured the seeds of hard work and diligence from a very early age. May your souls rest in peace. ii http://etd.uwc.ac.za/ DECLARATION I declare that Urban Land Tenure, Tenancy And Water And Sanitation Services Delivery In South Africa is my own work, and that it has not been submitted for any degree or examination in any other university, and that all the sources I have used or quoted have been indicated and acknowledged by complete references. Full Name: Darlington Sibanda Date: Signature: iii http://etd.uwc.ac.za/ ACKNOWLEDGEMENTS To successfully complete Ph.D. studies, one gets support from several people. While l won’t be able to exhaust the list, l will mention just a few. Firstly, l would want to thank God for guiding me through my studies. This work would not have been possible without the help of Professor Isaacs, who took over after Dr Tapela could not continue due to ill-health. The amount of work we had to catch up in such a short space of time was incomparable. Your tough responses every time you gave me feedback strengthened me and shaped the outcome of this work. Your patience and diligence in guiding this process is unmatched. In addition, l want to thank Dr Tapela for her support during the initial stages of this work, including exposure in various research projects. I would like to acknowledge financial support from the Water Research Commission of South Africa, especially during the initial stages of my studies. In addition, l want to acknowledge PLAAS for financial support and work space in the final stages of this thesis. The team at PLAAS was always readily available to support me during my numerous visits and l shall mention a few: Prof Hara, Ursula Arends, Carla Henry, Joy van Dieman and Babongile Malama. I want to thank the residents of Nkanini (Khayelitsha), Langa, Mshini Wam (Joe Slovo Park) and Kensington for opening their doors during the field work. I also want to acknowledge officials from the City of Cape Town the Provincial government and NGOs such as the Social Justice Coalition and Ndifuna Ukwazi for being available through the study. Last but not least, l want thank my friend and dear wife, Dr Martha Sibanda for her unwavering support throughout my studies. May the Lord bless you! iv http://etd.uwc.ac.za/ ABSTRACT The aim of the study was to develop a clear understanding of the relationship between land tenure, tenancy and water and sanitation services development planning and delivery in the context of rapid urbanisation in post-apartheid South Africa. The study revolved around mismatches which exist due the largely binary polarisation of urban land tenure in the form of the ‘formal’ and ‘informal’ view by municipalities which rely on technocratic approaches on one hand, and fragmented, sectorial interventions, to basic services delivery on the other. In addressing the problem for the research, emphasis was on lower-income working class neighbourhoods in the Western Cape Province, City of Cape Town in particular. Using a mixed methods approach where both quantitative and qualitative methods were used, data was collected from the following study sites: Nkanini (Khayelitsha), Mshini Wam (Joe Slovo Park, Milnerton), Langa (Old Hostels) and Kensington. These study sites were carefully selected for contrast and comparison, as the initial research in the area has revealed various prior tenure arrangements. The theoretical underpinnings of the study draw on a rich Marxist tradition on one hand and neo-liberal approaches on the other. The study does not, however, address other components which make up the capitalist system, such as class formations and surplus labour, among others. Although less emphasis was put on race and gender dynamics, it was nearly impossible to highlight some of these given South Africa’s historical past. Marx’s primitive accumulation is used to situate dispossession, exclusion and separation in the context of urban land in South Africa. This is further elaborated by Li’s ‘let live’ and ‘let die’ which demonstrate how some authorities’ policies result in other sections of the society, particularly the poor, having to barely survive. Hardin’s Tragedy of Commons situates neo-liberal debates on land and water, in particular enclosures, land titling and private property (Hardin, 1968; de Soto, 1989, 2000). Ostrom (2010, 2013) provides grounding in terms of institutions and institutional processes while North’s (1990, 1995) rules-in-use versus rules-in-book explains informality in land tenure settings. Scott’s (1985) analysis of weapons of the poor provides a lens through which the urban poor mobilise, contest and demand foothold in the cities. The key finding of the study was that policy approaches in urban land tenure, which are based on the so-called ‘formal’ or ‘legal’ systems, are exclusionary to the poor and deprives them of much-needed basic services. Other forms of urban land tenure (such as social tenure) arrangements, which are found regarding informal settlements, and ‘backyard’ and tenancy settings are not fully understood and easily dismissed by authorities. In addition, failure to v http://etd.uwc.ac.za/ incorporate social tenures in broader policy and planning results in, sadly, failing to provide access adequate water and sanitation. Additionally, it was discovered that despite strides made in the provision of services highlighted through numbers by authorities, these are far removed from lived realities by having to live in informal settlements and backyards. Exchange of urban land outside the ‘formal’ system is not well documented. This is due to various reasons, such as insistence by authorities to follow technocratic approaches which are complex, expensive and time consuming. New forms of wealth accumulation within social tenures revealed other powerful players and process, giving rise to a new class of ‘slum- lords’. Power dynamics and loopholes in the systems at the local levels result in politically and economically advantaged elite reproducing the same systems which exclude the rest of the urban poor. Lastly, tenants in informal settlements and backyard dwellings are invisible, highly mobile and under-reported leading to constraints in adequate water and sanitation provision. The study concludes that the current approaches to urban land tenure and tenancy ignore lived realities on the ground, where actual access to quality services is different from what if officially provided. Continuation of policies which have failed to address insecure tenure for the poor, have led to inadequate access to basic services such as water and sanitation. The insistence by authorities to operate rules-by-the-book side lines the majority of the urban poor who live under social tenures. This must also be seen within the context of scarcity of urban land, which is highly commercialised and inaccessible for the urban poor through current systems. User-pay principles and inclination towards commercialisation of services such as water and sanitation results in exclusion of those who cannot afford better alternatives and who live subject to insecure tenure arrangements. vi http://etd.uwc.ac.za/ KEY WORDS Land tenure, tenancy, social tenure, primitive accumulation, water and sanitation services, bio-politics, urbanisation, informal settlements, City of Cape Town vii http://etd.uwc.ac.za/ LIST OF ACRONYMS AU : African Union ANC : African National Congress ACCEDE : African Centre for Citizenship and Democracy BAB : Bantu Administration Boards BNG : Breaking New Ground CSO : Civil Society Organisations CSIR : Council for Scientific and Industrial Research, CORC : Community Organisation Resource Centre CoCT : City of Cape Town CLARA : Communal Land Rights Act CLTP : Communal Land Tenure Policy CPI : Communal Property Institutions DA : Democratic Alliance DWA : Department of Water Affairs DWS : Department of Water and Sanitation DCD : Department of Community Development DWAF : Department of Water Affairs and Forestry DWF : Department of Water Affairs DHS : Department of Human Settlements DESR : Declaration on Economic and Social Rights DRDLR : Department of Rural Development and Land Reform ERA : Echelons of Rights Analysis ESA : Equitable Share Allocation EWWS : Electricity, Water, Waste and Sanitation FAO : Food and Agriculture Organisation FBS : Free Basic Services GVA : Gross Value Added HCES : Household Centred Environmental Sanitation HLPE : High Level Panel of Experts viii http://etd.uwc.ac.za/ HRA : Human Rights Approach HRBA : Human Rights-based Approach LEAP : Legal Entity Assessment Project LFTEA : Less Formal Township Establishment Act LUPO : Land Use and Planning Ordinance Ibid : ibidem, meaning "in the same place” IMF : International Monetary Fund ISN : Informal Settlement Network IRC : International Rescue Committee ICESCR : International Covenant on Economic, Social and Cultural Rights IPILR : Interim Protection of Informal Rights Act IDP : Integrated Development Plan MDG : Millennium Development Goals MLGI : Multi-Level Governance Initiative
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