Radically Changing the South African Land-Ownership and Land-Use Regime: Recent Legal and Policy Changes and Proposals

LANDAC Conference, Utrecht, July 2015

Mark Oranje (University of ) and Jeannie van Wyk (University of South Africa Structure

1. Introduction 2. Recent Legal and Policy Developments 3. Concerns and Proposals 4. Conclusion Recent Legal and Policy Developments

1. Limitations: Size and Number 2. Data: Ownership 3. Farm Sharing 4. Foreign Ownership 5. Preservation and Protection of Agricultural Land 6. Spatial Planning and Land Use Management Concerns and Proposals

1. Nothing else matters or makes (much) sense in the absence of broad-based national transformation (and in locating land reform, agrarian transformation and rural development in it) National spatial distribution of economic activity: 1996-2011 Functional Settlement Area_Km % of Population % of Service Economic Contribu- Type (CSIR/SACN National 2011 National Economy Activity tion to 2013v2) Area Population (Service Sector (*Total GVA Formal Nat GVA (xR1000)) (xR1000)) Econ Activity

2011 Population in cities,towns 2011 & Settlements

CityRegions 20 575 1.65% 21 856 192 42.22% 758 652 1 185 948 56.77% Population in & townscities 2011 Cities 8 225 0.66% 3 876 064 7.49% 102 574 178 276 8.53% TOTAL CITIES 28 800 2.30% 25 732 256 49.70% 861 226 1 364 224 65.30%

Regional Centres 18 079 1.45% 7 313 730 14.13% 141 580 229 697 10.99% 77.82% ServiceTowns 7 232 0.58% 2 720 372 5.25% 47 847 87 232 4.18% TOTAL MAJOR TOWNS 25 311 2.02% 10 034 102 19.38% 189 427 316 929 15.17% 89.56%

Local or Niche Towns 29 756 2.38% 4 327 891 8.36% 69 102 121 169 5.80% Rural Nodes in High density areas 928 0.07% 191 123 0.37% 2 537 4 850 0.23% TOTAL SMALL TOWNS 30 684 2.45% 4 519 014 8.73% 71 639 126 019 6.03% High Density Settlements 59 276 4.74% 6 081 912 11.75% 40 074 73 587 3.52%

Sparse Rural Areas 1 070 931 85.66% 3 036 010 5.86% 51 830 184 994 8.86% Dense Rural Areas 35 258 2.82% 2 366 803 4.57% 13 921 23 351 1.12% TOTAL REST OF SA 1 165 465 93.22% 11 484 725 22.18% 105 826 281 932 13.50% NATIONAL TOTALS 1250260 100.00% 51770097 100% 1228117 2089104 100% * GVA Total excludes Construction sector SOURCE: CSIR GAP 2013 based on StatsSA Census 1996,2001,2011; SACN/CSIR Settlement Typology 2013v2, CSIR TAT (Temporal Analyses Tool) 2013 Area specific absolute population growth 1996-2011

* Relative to SA National spatial distribution of population growth/decline: 1996-2011

National spatial distribution of households living in poverty (2011) Spatial Economic Perspectives in support of the NGP Using Functional Economic Regions to identify key Spatial Job Drivers

EDD MANCO

Prepared as part of the Project ‘Functional Economic Regions – A Spatial development Perspective’

Project Team: EDD, CSIR and team

February 2014 National Plans & Strategies

Provincial Plans & Strategies

Municipal Plans & Strategies

National Spatial Place Attributes Consultation with & Networks Development Stakeholders Perspective

Functional Regional Economic Network in SA

THE FUNCTIONAL REGIONAL ECONOMIC NETWORK IN SA SPATIAL PERSPECTIVE Functional Regional Economic Network in SA

REGIONAL NETWORK AND GATEWAYS Functional Regional Economic Network in SA

DISTRICT/LOCAL NETWORK AND GATEWAYS Performance & intervention types

PERFORMANCE AND INTERVENTIONS TYPES SPATIAL PERSPECTIVE

lift me up

start me up

take me higher

top me up Performance & intervention types

START ME UP: INVESTMENT TO KICKSTART ECONOMY AND POTENTIAL

Performance & intervention types

LIFT ME UP: SUPPORT AREAS WHERE THE ECONOMY/EMPLOYMENT IS IN DECLINE AND/OR VERY VULNERABLE

Performance & intervention types

TAKE ME HIGHER: UTILISE EXISTING GROWTH MOMENTUM IN BIG AND SMALLER REGIONAL NETWORKS Performance & intervention types

TOP ME UP: GUARD AND UTILISE MAJOR JOB ENGINES, GEAR TO BE MORE INCLUSIVE Concerns and Proposals

2. In matters of land reform & agrarian transformation: Far too little (1) recognition and distinction of, (2) respect for, and (3) serious, robust, rigorous & focused deliberation of the many fears, facts, myths, customs, stereotypes, beliefs, hopes & ideals, and the pursuit of broadly acceptable & appropriate responses to these Source: Agriculture Research Council Source: Agriculture Research Council

Diminishing significance of household involvement in agriculture in support of household food security

“War on Poverty” - survey has been undertaken amongst more than 1 million households. Evident that for a wide range of food produce (including green vegetables, yellow vegetables, meat, fish, oil, cereals, etc.) only a limited number of households on average actually consume food produced by the household.

D.2 Spatial Perspectives on

NGP Job Drivers (slide D2.7)

KEY PERSPECTIVES: – Economic Sectors: Agriculture – Key Indicators: • Concentration of existing agriculture production (ST) • Existing indication of employment (ST) • Agricultural Land Capability (water and land) • Biggest growth in sector and employment • Size and growth of related manufacturing sectors • Local Relevance: – High dependency of places on agriculture as activity or employer

Agriculture and agro-processing

AGRICULTURE PERSPECTIVE: Production density + Potential + Fisheries + Agriculture/Hunting + Forestry + Economic growth AGRICULTURE PERSPECTIVE: Production density + Potential + Fisheries + Agriculture/Hunting + Food & Beverage Manufacturing AccessAGRICULTURE to main market PERSPECTIVE: Production density + Potential + Fisheries + Agriculture/Hunting + Forestry + Economic growth +Market Access AGRICULTURE PERSPECTIVE: Production density + Potential + Fisheries + Agriculture/Hunting + Forestry + Economic growth +SEZs Inland rural production zones - Agricultural potential and high impact job creation areas

Potential along coastal areas

Concerns and Proposals

3. Far too little consideration of, and concern for rural development and planning for it, and in aligning (1) the legal and policy framework and (2) the work of the different sectors and spheres of government, the private sector, NGOs and communities behind it The Rural Development Plan

24 October 2014

Gauteng Rural Development Priority Areas • The Priority Rural Development Maps were based on: – Land Suitability Mapping – “Spatial Institutional Fit” (mapping of current IDP, SDF and LED projects); – The spatial location of DRDLR projects and state land; and – The Availability of Engineering Services Gauteng Rural Development: Land Suitability Map Development of a Funcitonal Rural Region Over Time Development of a Funcitonal Rural Region Over Time Development of a Funcitonal Rural Region Over Time Development of a Funcitonal Rural Region Over Time

Availability of Engineering Services

ZONE 1 STRATEGIC ENABLING FRAMEWORK 6 Relevant Municipalities: . Tshwane Metropolitan Municipality.

Zone 1 is Characterised by:

. Intensive farming along the just to the north of the 2 existing urban area, which is being fed by the Bon Accord Dam Scheme; . Extensive protected areas, including the Dinokeng Game 7 Reserve (a Gauteng Province Blue IQ Project) in the north- eastern part of the region; and . The historical mining towns of Rayton and Cullinan, which 1 serve (1) the agricultural community in the region and (2) the 3 3 sizeable ‘day-trip and weekend tourism-market’ in Gauteng. 4 Strategic Enabling Factors/Opportunities: 5 1. Promote the development of intensive small-scale agriculture along the R101 linked to the Bon Accord Dam Scheme (this is, however, dependent on the extension of the existing irrigation scheme); 2. Explore value-chain opportunities in linking the small-scale Intergovernmental Considerations & Opportunities: Key Limitations farming in the region to the Dinokeng Game Reserve tourism-market; . Capitalise on existing ‘Social Infrastructure and Housing’ and . Intensification of the agricultural 3. Facilitate beneficiation and agro-processing linked to the ‘Infrastructure Provision, Upgrading and Maintenance’ projects industry in the region is dependent on intensive small-scale agriculture and Transport Orientated undertaken by Tshwane Metropolitan Municipality in the area; the extension of the existing irrigation Rural Development along the R101 and the ; . Lobby the Tshwane Metropolitan Municipality for ‘Local Economic systems; and 4. Explore the feasibility of utilising the Wonderboon Airport for Development’ projects in the region, especially around Rayton and . Low levels of access to electricity in exporting agricultural produce; Cullinan (currently limited local economic development investment is parts of the zone, and limited sewer undertaken by the municipality in the area); system-coverage overall, places a limit 5. Strengthen the Rayton and Cullinan rural nodes; . Collaborate with provincial government in the further development of on the intensification of agriculture and 6. Strengthen the linkages to the existing sizeable, but the tourism opportunities and tourism-related activities in the agro-processing in the region, due to somewhat isolated DRDLR footprint (series of Non-PLAS- Dinokeng Game Reserve; and possible negative impacts of such projects) in the north-eastern part of the region, to (1) the rest activities on the natural environment . Cultivate strong intergovernmental relations with the relevant of the zone, (2) ‘urban Tshwane’, and (3) the neighbouring and groundwater systems in the area Limpopo and Mpumalanga Provinces; and Limpopo and Mpumalanga Provincial government departments and relevant neighbouring District and Local Municipalities. 7. Focus rural development initiatives on the extensive tracts of state-owned land in the region.

ZONE 2 STRATEGIC ENABLING FRAMEWORK

Relevant Municipalities: . Tshwane Metropolitan Municipality. 5

Zone 2 is Characterised by: 1 7 . The rural nodes of and , of which 3 the former has a well-established mixed economy providing services to the agricultural and mining community in the 2 region, while the latter has an extensively developed township linked to the Ekandustria industrial complex to the north of 4 Bronkhorstspruit; 1 . The Bronkhorstspruit Dam area with tourism activities linked to water-sport and angling; and . Extensive croplands interspersed with sensitive ecologically- sensitive areas and ridges. 6

Strategic Enabling Factors/Opportunities: 1. Strengthen Bronkhorstspruit and Ekandustria/Ekangala as rural nodes; 2. Promote Transit Oriented Rural Development on the R513 linking Bronkhorstspruit and Ekandustria/Ekangala; Intergovernmental Considerations & Opportunities: Key Limitations 3. Facilitate the re-activation of economic development in . Lobby for more ‘Local Economic Development’ . The intensification of intensive small-scale Ekandustria; investments/projects by the Tshwane Metropolitan farming, agro-processing and the re-activation of 4. Promote the development of intensive small-scale farming Municipality in the region, since the current projects are Ekandustria Industrial Complex is dependent on along the and R513 between Bronkhorstspruit and mostly focused on ‘Social Infrastructure and Housing’ and access to electricity, and although the Ekandustria/Ekangala; ‘Infrastructure Provision, Upgrading and Maintenance’; and Bronkhorstspruit and Ekandustria areas have 5. Continue with the support of current DRDLR projects in . Lobby for municipal and provincial investment in Sokhulumi ‘intermediate to good quality access to Sokhulumi and support the development of a tourism-based to support the existing DRDLR projects in the region. electricity’, the pressure placed on the system due to intensification of use, needs to be rural economy, linked to the development of economically viable small-scale farming, in the area; monitored; and 6. Promote the further development of the tourism-industry . Although Bronkhorstspruit and the related to Bronkhorstspruit Dam; and Ekandustria/Ekangala area have relatively good quality sewer systems, further development in 7. Focus rural development on the extensive tracts of state- the area might require the upgrading and owned land in the region. extension of these services.

Gauteng Rural Development: High-Level Policy Land Suitability Map Objecitves: Making Quick D 1 Gains Rooiwal B1 Action A: Development of Rural Cullinan B2 Nodes: A Ekangala/Ekandustria C1 1 C2 o A1 – Cullinan Rural Node Rayton Bronkhorstspruit o A2 – Bronkhorstspruit A Hekpoort C3 A Rural Node C55 D D2 o A3 – Bapsfontein Rural 5 2 A Bapsfontein Node Magaliesburg o A4 – Walkerville Rural 3 B3 Node o A5 – Hekpoort Rural Node

Action B: Small-Scale Farms & Agro-Processing Walkerville A o 4B5 A B1 – Rooiwal Agri-Cluster C4 D Heidelberg o 4 B4 B2 – Sokholumi CRDP Node 3 o B3 – Bapsfontein Small-scale Agriculture o B4 – Heidelberg Small-scale Agriculture o B5 – Walkerville Agri-Cluster D 4

Action C: Transit-Oriented Rural Development Action D: Natural System-based Tourism o C1 – Cullinan-Rayton TORD Link o D1 – The Dinokeng Nature Reserve and surroundings o C2 – Bronkhorstspruit-Ekangala/Ekandustria TORD Link o D2 – The Bronkhorstspruit Dam o C3 – Lynwood Road (M6) TORD Corridor o D3 – The Suikerbosrand Nature Reserve o C4 – Walkerville (R82) TORD Corridor o D4 – The Vaal Dam and Vaal Meander area o C5 – Hekpoort-Magaliesburg TORD Corridor o D5 – The Cradle of Humankind

High-Level Policy Objectives: Making Quick Gains

D 1

B1

B2 A 1 C1 C2

A A C3 2 5 D D C5 5 A 2 3 B3

A 4 B5 C4 A D 4 3 B4

D 4 The Way Forward

Private Sector, Farmers, Farmers’ Associations, Communities, Communal Associations & Traditional Leaders

National Government Departments SPLUM

(Spatial Planning & Land Use Management) LRA (Land Reform and Administration) Gauteng and . Engage (other stakeholders)

Neighbouring . Lobby, Influence & Inform between”

INTERNAL Provincial - (plans/policies/strategies etc.) DRDLR Government . Align (plans/policies/ REID (Rural Enterprise & Industrial Dev.) IGR Departments strategies etc.) ADVISORY COMMITTEE . Record & Update (database) . Take note of (plans of national SPLUM SPLUM as“Go government, provinces & RID (Rural Infrastructure Development) Municipalities in municipalities) Gauteng and Neighbouring Provinces Conclusion

There are deep concerns, but… There is much that can be done, but… This needs to be undertaken soon, with serious intent and in a suitable way Thank You!