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The Provision of Full Ownership Rights to Soweto Households As a Government Service Delivery Priority in the New Dispensation

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The Provision of Full Ownership Rights to Soweto Households As a Government Service Delivery Priority in the New Dispensation THE PROVISION OF FULL OWNERSHIP RIGHTS TO SOWETO HOUSEHOLDS AS A GOVERNMENT SERVICE DELIVERY PRIORITY IN THE NEW DISPENSATION by SIBUSISO RAYMOND DUBE submitted in accordance with the requirements for the degree of MASTER OF PUBLIC ADMINISTRATION at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: MR B.C. LEKONYANE January 2017 i DECLARATION Name: Dube Sibusiso Raymond Student number: 30530245 Degree: Master of Public Administration THE PROVISION OF FULL OWNERSHIP RIGHTS TO SOWETO HOUSEHOLDS AS A GOVERNMENT SERVICE DELIVERY PRIORITY IN THE NEW DISPENSATION. I declare that the above dissertation is my own work and that all the sources I have used or quoted have been indicated and acknowledged by means of complete references. _____________ ________________ SIGNATURE DATE ii ACKNOWLEDGEMENTS It would have been extremely difficult for me to reach the end of this academic journey at the University of South Africa without the support of certain individuals who fortified me as I was studying toward this Master’s Degree. I am immeasurably grateful to my supervisor, Mr B.C. Lekonyane for his academic encouragement and guidance. My gratitude also extends to the Gauteng Department of Human Settlements Officials and Management for their prodigious role in the success of this study. Special thanks to my special friends and colleagues, Ms Amina Wanda and Ms Refilwe Waterson, programme specialists and excellent typists, for their professional guidance and assistance. My sincere gratitude goes to my family “Ama-Ntima Amahle na- Zikhethayo”, my Dad, Mom, my wife, Lindi and my children, for their confidence in me which revived my strength for the study. I also thank everyone who supported me throughout my studies. I believe that without your support, I could not have completed this project. iii ABSTRACT Land is a finite resource for sustainable livelihoods of the general population and the foundation of South Africa’s diverse culture. However, throughout our South African history, the land question has been a contentious, sensitive and emotive issue ever since the inception of the colonial era, thus the democratic dispensation views the Land Reform Programme as a panacea to the historical inequalities with regard to land ownership, distribution and forced removals, as well as viewing it as a tool to achieve socio-economic and political stability. Since globally, land reform arose mainly because of inequalities of resources or to control resources,the overall view in South Africa is that land ownership can be optimally utilised for redistribution, reform, effective administration and for developmental purposes; and, as a result, change in land ownership, use and control has become imperative. This study seeks to evaluate the democratic government’s intervention and the efficacy of the urban tenure reform programme in dealing with unequal and racial ownership of urban land in the old(pre 1994) former Black urban settlements such SOWETO, by investigating legislation and policy related to land ownership, and the current tenure and ownership system and status in both Zola and Orlando.Document analysis is a form of qualitative research used by the researcher to provide voice and meaning around an assessed researched topic, and findings further reveal the challenges faced in the implementation or execution phaseof the urban tenure remedial programme, and the current status and the remedial programme benefits, while recommendations are made in terms of systems and processes in order to accelerate service delivery, and with the emphasis of the importance of capacity building for stakeholders, including the benefiting community. misperception that the Land Reform Programme only relates to the “rural” areas and “the transfer of agricultural land from dissertation investigates the evolution of land tenure or ownership rights in the former black urban human settlements, looking at the discriminatory laws and policies of the past, consequent political resistance and other milestones as well as the democratic government’s interventions in this regardwhites to iv Clarification of Concepts/Terminology Adjudication Hearing: A quasi-judicial forum for the resolution of ownership or housing disputes. Council-/State-owned houses: Houses built and operated by local councils and rented out to primarily working class people. Housing Bureau: Management committee comprising of officials from the City of Johannesburg and the Provincial Department responsible for overseeing the transfer of state-owned houses from the state to individual owners. Land Tenure Rights: Real land rights that entail outright ownership for which a full title deed is registered. Local Committee: Community representatives who serve as “eyes and ears” of the community in the transfer of housing projects. Soweto: An abbreviation for South Western Townships, it is an urban settlement within the municipal jurisdiction of the City of Johannesburg, and predominantly inhabited by blacks who reside in council-owned rental properties. Title Deed: A legal document used to prove ownership for a piece of land or property, and includes the property description. Township: In the South African context, the term is roughly used in reference to an urban settlement for non-whites (Africans, Indians and coloureds), built on the periphery of towns and cities. Transfer of housing: Process whereby tenants of state-owned housing are financially assisted to acquire full ownership rights of properties they have occupied prior to the new dispensation. Urbanisation: A process whereby a population shifts from rural to urban areas in search and pursuit of socio-economic opportunities, such as employment, health and social facilities. v Table of Contents DECLARATION .......................................................................................................................... ii ACKNOWLEDGEMENTS .......................................................................................................... iii ABSTRACT ................................................................................................................................ iv CHAPTER ONE: OVERVIEW OF THE STUDY 1 1.1 INTRODUCTION ...................................................................................................... 1 1.2 BACKGROUND TO THE STUDY ............................................................................. 5 1.3 RESEARCH PROBLEM ........................................................................................... 7 1.4 PURPOSE AND OBJECTIVES OF THE STUDY ..................................................... 8 1.5 LIMITATIONS TO THE STUDY ................................................................................ 9 1.6 DELIMITATION OF THE STUDY ............................................................................10 1.7 RESEARCH QUESTIONS ......................................................................................11 1.8 THE MOTIVATION AND SIGNIFICANCE OF THE STUDY .....................................11 1.9 RESEARCH DESIGN AND METHODOLOGY.........................................................13 CHAPTER TWO: HISTORICAL OVERVIEW OF TENURE RIGHTS IN INTERNATIONAL AND AFRICAN COUNTRIES ...................................................... 17 2.1 INTRODUCTION .....................................................................................................17 2.2 THEORETICAL FRAMEWORK ...............................................................................18 2.3 DEFINITIONS .........................................................................................................28 2.4 Approaches to tenure reform programmes ..............................................................29 2.5 EVOLUTION OF TENURE RIGHTS IN SOUTH AFRICA ........................................39 2.6 CONCLUSION ........................................................................................................68 CHAPTER THREE: RESEARCH METHODOLOGY AND DESIGN ......................... 70 3.1 INTRODUCTION .....................................................................................................70 3.2 RESEARCH METHODOLOGY ...............................................................................70 3.3 THE AREA OF STUDY: SOWETO (SOUTH WESTERN TOWNSHIPS) .................71 3.4 BACKGROUND: AREA OF STUDY ........................................................................73 3.5 SAMPLING ..............................................................................................................76 3.6 RESEARCH DESIGN ..............................................................................................78 3.7 LIMITATIONS TO THE STUDY ...............................................................................79 3.8 RESEARCH PLANNING .........................................................................................79 3.9 DATA COLLECTION METHODS ............................................................................80 3.10 DATA PREPARATION ............................................................................................81 3.11 DATA ANALYSIS ....................................................................................................82 3.12 ETHICS AND DATA PROTECTION ........................................................................82 3.13 CONCLUSION ........................................................................................................83 CHAPTER FOUR: PRESENTATION OF FINDINGS AND DISCUSSION ................ 85 4.1 INTRODUCTION
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