-
毕业论文外文文献及译文
中英文翻译
外文文献：
RURAL AND URBAN LAND DEVELOPMENT AND
LAND
TENURE SYSTEMS: A COMPARISON
BETWEEN SOUTH AFRICA
AND BOTSWANA
Susan Bouillon
Legal
Advisor: City Council of Pretoria
INTRODUCTION
Franklin D.
Roosevelt once said that ?
Every person
who invests in land near a growing city,
adopts the surest
and safest
method of becoming independent, for land is the
basis of wealth.’
The
purpose
of
this
paper
is
to
discuss
the
rural
and
urban
land
development
and
land
tenure
systems of South Africa and Botswana,
and to explain their contributions to urban
sustainability.
DEVELOPMENT
PLANNING IN BOTSWANA
Botswana
is
located
at
the
centre
of
the
South
African
plateau,
and
is
bordered
by
South
Africa
on
the
south
and
southeast,
Zimbabwe
on
the
northeast
and
Namibia
on
the
west
and
northwest.
Approximately
23%
of
the
population
is
in
urban
areas
and
77%
in
rural
areas.
Botswana
has
a
rich
tribal
culture,
and
therefore
it
is
not
surprising
that
the
Botswana
legal
system consists of
local tribal courts, which adjudicate traditional
matters and Tribal Land Boards,
which
rule on land use matters in tribal lands and
traditional villages. Town Councils rule on land
use matters in urban areas.
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毕业论文外文文献及译文
The
government
of
Botswana
has
adopted
a
system
of
development
planning
which
has
coped relatively well
compared with other African countries. Development
planning involves the
preparation of
land use plans for both urban and rural areas. The
practice in Botswana is that the
public
is made aware of the implications of land use
plans before land is zoned for various uses.
Public
awareness
and
participation
is
ensured
by
giving
land
users
an
opportunity
to
select
preferred land use
options from a range of options determined through
the evaluation of physical
and economic
suitability of land resources (bottom-up
approach).
PROPERTY RIGHTS AND LAND
TENURE IN BOTSWANA
It is the policy of
the Government that all citizens should have easy
and equal access to land.
In order to
realize this, three land tenure systems have been
put in place. Tribal land covers 71%
of
the total land area of the country. It is
allocated to citizens free of charge for all types
of uses.
State land is owned by the
state and comprises 23% of the total area. Most of
this land is used as
National
Parks,
or
Forest
and
Game
Reserves
within
which
no
settlements
are
permitted.
However,
a
small
percentage
of
this
land
is
allocated
for
residential
purposes,
particularly
in
urban centers. Freehold land comprises
only 6% of the total area and is privately owned.
Most of
the government policies to date
are therefore directed at tribal land.
RURAL LAND
Prior
to
independence,
Botswana
had
established
traditional
ways
of
allocating
and
managing tribal land and its resources
through chiefs and communities. Soon after
independence,
the authority to allocate
tribal land was shifted from the chiefs to the
Tribal Land Boards which
were
established
by
the
Tribal
Land
Act,
but
the
management
of
the
resources
remains
the
responsibility
of
the
users
and
their
communities.
According
to
this
act,
almost
71%
of
the
available
land is administered as tribal land according to
an integrated system of customary land
tenure. Although the tenurial rules for
tribal land have been changed considerably by this
act, it is
considered a very innovative
way to combine individual land tenure security
with tribal land-use.
The
Land
Boards
were
established
for
a
specified
tribal
territory,
and
took
over
the
administrative functions
from
chiefs and other tribal
authorities. Title of the land vested
in
the
Land Boards. The Land
Boards were initially entitled to make customary
and common law grants,
for residential,
grazing or cultivation
purposes, to
members of the
different
tribes living
in
the
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毕业论文外文文献及译文
specified territories only, but
since 1993
any citizen of
Botswana is
entitled to
apply for these
rights. Land
Boards maintain their own record or registration
system and rights are not registered
in
the central deeds registration system of Botswana,
apparently to keep them more affordable.
The Land Boards are entitled to issue
certificates of customary grants or certificates
of occupation.
Provision has been made
for the conversion of these certificates into
titles registrable in the deeds
registry once demand arises to deal
with these certificates in the commercial lending
market. Any
change in right-holder must
be reported to the land board in order to maintain
the accuracy of the
record
system
of
the
land
board.
Shelter
provision
in
rural
areas
has
been
on
individuals
initiatives. The
most important prerequisite for housing
development, which is access to land, has
not really been a disturbing issue due
to the fact that all male and female citizens are
allocated
tribal land for free, but in
an effort to facilitate shelter provision in rural
areas, the government
intends to
introduce a rural housing programme.
Land
use
planning
is
not
a
new
phenomenon
in
Botswana.
Past
experiences
and
records
indicate that the
traditional chiefs who had authority on land have
always done some form of land
use
planning.
Formal
land
use
planning
in
Botswana
started
with
the
implementation
of
the
Tribal Grazing Land
Policy
in 1975, when some areas were
zoned for wildlife use, others became
reserved
areas,
while
other
areas
continued
to
be
for
communal
use.
This
policy
enabled
individuals or
groups to have exclusive use of land in areas
zoned for such use. These rights are
permanent,
exclusionary
and
inheritable.
They
may
only
be
revoked
by
the
land
board
in
circumstances where the
right-holder fails to utilize the land on terms
specified by the land board,
or fails
to
develop
the land
according to
the specified purposes
within five
years or
where
the
land was not distributed fairly. In
these instances, the land does not revert to the
government but
is reallocated by the
land board to other applicants. This policy was
therefore a major programme
through
which rural development was to be achieved.
The districts up to now continue to
prepare and update their respective integrated
land use
plans.
In
the
preparation
of
such
plans
the
communities
have
major
inputs
with
regard
to
the
various land uses. This
is in realization of the fact that to have an
implementable and sustainable
land use
plan, the communities should be the ones who
decide the uses on a particular type of
land. It should be noted, however, that
not all districts have such plans.
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毕业论文外文文献及译文
URBAN LAND
An urban centre
in Botswana is defined as All settlements on state
land and settlements on
tribal
land
with
a
population
of
5000
or
more
persons
with
at
least
75%
of
the
labor
force
in
non-agricultural
occupations. Generally, an urban centre should be
seen to provide its population
with
infra-structural
and
environmental
services
similar
to
that
which
exists
in
a
modern
city.
Rural-urban migration has played an
important role in the growth of urban areas.
Several urban
development policies have
been evolved over the years to guide the growth
and development of
the urban areas.
Due to
the fact
that
a large part of the
people of Botswana are
living in
rural
areas, most of the
development is aimed at the rural areas, but a few
programmes were introduced
in
order
to
better
the
circumstances
of
those
living
in
urban
areas.
The
Self
Help
Housing
Programme
was
introduced
to
assist
the
low
income
urban
households
to
develop
their
own
houses. Under this scheme, the
Government provides basic services such as roads,
water stand
pipes, and a pit-latrine to
each plot. Plot holders were given tenurial
security through a Certificate
of
Rights.
This
programme
has
also
been
used
in
upgrading
the
squatter
settlements
which
existed prior to its
inception.
Shortage
of
serviced
land
has
been
identified
as
one
of
the
major
constraints
to
urban
housing
development.
Therefore
a
major
land
servicing
programme,
the
Accelerated
Land
Servicing Programme,
was introduced. The objective of the programme was
to service land for
all uses, such as
residential, commercial and industrial, in all
urban areas. A Housing Department
has
been established, which is charged with the
responsibility of promoting housing development
and
improvement
through
policy
initiatives
that
create
an
enabling
environment
for
shelter
provision.
The
Town
and
Country
Planning
Act,
which
is
the
main
legislation
guiding
physical
planning in
Botswana, makes provisions for an orderly and
progressive development and control
of
land in both urban and rural areas. The Urban
Development Standards and the Development
Control Code also facilitate the
orderly planning of settlements. Sustainable urban
development
depends
on
the
availability
of
clean
water
supply
and
provision
of
infrastructure
for
sanitation
and
waste
management.
An
integrated
approach
in
the
provision
of
environmentally
sound
infrastructures in human settlements is
seen as an investment that fosters sustainable
development
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毕业论文外文文献及译文
and
that
can
improve
the
quality
of
life,
increase
productivity,
improve
health,
and
reduce
poverty.
Although the concept of sustainable
development gained prominence on the international
scene
only a few
years back,
it has been one of the objectives of development
planning in Botswana
since
independence
in
1966.
The
term
has
appeared
as
an
objective
in
all
the
subsequent
development
plans,
but
its
meaning
has
been
expanded
to
reflect
the
changing
development
realities over the years.
LAND DEVELOPMENT IN SOUTH AFRICA
The
shape
and
form
of
the
cities
in
South
Africa
are
the
result
of
conscious
apartheid
planning
in
the
past.
When
South
Africa?s
first
democratically
elected
government
came
into
power
in
1994,
it
inherited
the
fragmented,
unequal
and
incoherent
planning
systems
which
developed
under
apartheid.
During
apartheid,
land
development
planning
in
the
then
four
provinces,
ten
homelands
and
the
?group
area?
racial
zones,
fell
under
many
different
laws,
ordinances, procedures
and regulations. There was a lack of coordination,
an unequal distribution
of resources
and a lot of ?red tape? which slowed down
development projects.
A
National Development and Planning Commission were
appointed to advise the Minister
of
Land Affairs and the Minister of Housing on
planning and development. Among other things,
the Commission was requested to prepare
a Green Paper on planning which would review and
recommend changes to the apartheid
legislation and process of land development in
South Africa.
The Commission decided to
focus on the spatial planning system for urban and
rural development.
A
land
development
policy,
the
Reconstruction
and
Development
Programme
(RDP),
a
comprehensive
and
sectorally-based
socio-economic
policy
framework
that
established
the
developmental
foundations
for
the
removal
of
apartheid
and
the
building
of
a
democratic,
non-racial and non-sexist future, was
adopted. This policy is based upon integrated
development
planning, a process which
aims to maximize the impact of scarce resources
and limited capacity.
The
prime
purpose
of
this
policy
was
to
establish
procedures
to
facilitate
the
release
of
appropriate
public
land
for
affordable
housing,
public
services
and
productive
as
well
as
recreational
purposes.
In
settlements
which
have
been
established
in
remote
locations,
without
formal planning,
land development involves upgrading services and
infrastructure
in situ
.
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毕业论文外文文献及译文
Planning in South Africa in the past
and at present is done according to the Town
Planning
Ordinances
of
the
various
provinces.
Although
mechanisms
for
forward
planning
have
long
existed, the town planning scheme,
which was established in terms of the Ordinances,
is at the
heart of the town planning
system. While this system was strictly enforced in
most white, Indian
and
colored
areas,
only
simplified
versions
were
later
introduced
to
urban
townships,
further
complicating the land administration
system. As a result hereof South African
settlements in both
urban and rural
areas were generally inefficient, fragmented and
inconvenient. In large part, this
is
the
result
of
the
interplay
between
historical
spatial
planning
policies
and
practices
and
the
implementation of the ideology of
apartheid. Despite this, there are few signs that
significant and
wide reaching
improvements have been set in place since 1994.
The
Constitution of South
Africa
has
a
bearing
on
the
planning
system
in
those
new
constitutional
requirements
such
as
cooperative
governance,
procedural
and
participatory
rights
to
ensure
accountability
for
decision-making,
the
promotion
of
social
and
economic
rights
and
the
protection
of
the
environment
create
imperatives
that
profoundly
affect
planning.
In
the
planning
sphere,
legislation has shifted, with the
passing of the
Development Facilitation
Act,
which was the first
national planning legislation
promulgated after the first democratic elections
in 1994, from being
control-orientated
towards
being
normatively-based.
It
was
passed
to
begin
the
process
of
transforming planning to
meet the needs of the new democracy.
The
Development
Facilitation
Act
introduces
the
concept
of
land
development
objectives.
These
are
plans
approved
by
political
decision-makers
that
set
their
objectives
and
targets
for
development of an area. The
land development objectives? intentions
are to create a clear spatial
framework
for the area and to create a proactive rather than
a reactive planning system. In terms
of
the
Local Government Transition Second
Amendment Act
municipal authorities are
required to
create
integrated
development
plans.
An
integrated
development
plan
is
a
plan
aimed
at
the
integrated development
and management of the area of jurisdiction of the
municipality concerned,
and
which
has
been
compiled
having
regard
to
the
general
principles
contained
in
the
Development
Facilitation
Act
.
A
common
intention
of
both
integrated
development
plans
and
land
development
objectives
is
to
tie
public
agency
plans
to
budgets.
In
drawing
up
both
land
development objectives and integrated
development plans, local authorities are required
to try to
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毕业论文外文文献及译文
achieve
the
intentions
of
the
Development
Facilitation
Act
principles.
A
land
development
application may not be approved if such
application is inconsistent with any land
development
objective
or
integrated
development
plan,
although
land
owners
and
developers
may
make
proposals to change
land use if they can motivate that the change
would be consistent with both
integrated development plans and land
development objectives and the
Development Facilitation
Act
principles. The onus of responsibility
to demonstrate this is on the developer.
PROPERTY RIGHTS AND LAND TENURE IN
SOUTH AFRICA
Land tenure in post-
apartheid South Africa is a contentious issue and
has long been a source
of conflict. As
is the case in many transitional political
situations, there are also differences of
opinion
regarding
the
role
and
definition
of
ownership
and
other
rights
in
property.
The
Constitution of South Africa
provides in section 25(1) for the
acknowledgement of different rights
in
property. It is clear that not only ownership, but
also other rights in immovable property are
recognized
and
protected.
In
terms
of
section
25(6)
the
state
has
the
obligation
to
secure
by
means
of legislation, other forms of land tenure which
are insecure as a result of the apartheid
legislation and policies.
In
order to rectify the injustices of the past, the
Department of Land Affairs started with a
programme
of
land
reform
by
means
of
restitution,
redistribution
and
tenure
reform.
This
programme resulted in
the following acts being promulgated: the
Restitution of Land Rights
Act
(regarding the
restitution of land to persons dispossessed of
land after 1913 as a result of racially
discriminatory
legislation),
the
Development
Facilitation
Act
(regarding
quicker
and
cheaper
planning
and
development
methods),
the
Land
Reform
(Labor
Tenants)
Act
(regarding
the
security
of
housing,
grazing
and
cultivating
rights
of
labor
tenants),
the
Communal
Property
Associations
Act
(regarding
the
creation
of
associations
to
own,
control
and
deal
with
communal/common property), the
Interim Protection of Informal Land
Rights Act
(regarding the
interim protection of the rights of
people in rural areas), the
Extension
of Security of Tenure Act
(regarding the protection of laborers
other than labor tenants in rural areas) and the
Prevention of
Illegal
Eviction from and Unlawful Occupation of Land
Act
(regarding the measures to protect
vulnerable occupiers and evict
squatters).
The
vision
and
strategy
for
South
Africa's
land
policy,
a
policy
that
is
just,
builds
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毕业论文外文文献及译文
reconciliation and stability and
contributes to economic growth, is set out in the
White Paper on
South
African
Land
Policy
.
The
government's
land
reform
programme
is
made
up
of
land
restitution(which involves returning
land lost since 1913 because of racially
discriminatory laws,
or compensating
victims for loss of land due to racially
discriminatory laws), land redistribution
(makes
it
possible
for
poor
and
disadvantaged
people
to
buy
land
with
the
help
of
a
Settlement/Land Acquisition Grant) and
land tenure reform (it aims to bring all people
occupying
land under a unitary, legally
validated system of landholding.) This programme
will devise secure
forms
of
land
tenure,
help
resolve
tenure
disputes
and
provide
alternatives
for
people
who
are
displaced
in
the
process.
In
the
long
run,
as
part
of
the
land
tenure
reform
programme,
government is committed to the transfer
of the land, which is in the nominal ownership of
the
state,
to
its
real
owners.
The
White
Paper
emphasizes
the
importance
of
local
participation
in
decision-making,
gender
equity,
economic
viability,
and
environmental
sustainability
in
the
implementation
of
the
land
reform
programmes.
This
White
Paper
is
not
only
focusing
on
the
urban areas but also on the rural
areas.
The deeds registration system in
South Africa differs from the Botswana system. It
has only
one
deeds
registration
system,
and
this
system
does
not
provide
for
the
registration
of
all
the
different
land tenure rights that are statutorily
recognized. A large part of the population,
notably
people
in
informal
settlements
and
in
rural
areas
where
a
system
of
communal
property
still
prevails,
is
excluded
from
the
deeds
registration
system.
In
the
White
Paper
on
South
African
Land
Policy
a
part
of
the
land
policy
has
been
set
aside
for
development
of
the
registration
system to make the registration of
informal land rights in urban and rural areas
possible.
Whilst
existing
government
policy
provides
a
great
range
of
inputs
for
planning
and
development, the
White Paper
on Local Government
is critical as it
places municipalities at the
centre of
planning for better human settlements. The new
municipal planning system is founded
on
the
concept
of
“developmental
local
government”.
It
emphasizes
integrated
development
planning
as
a
tool
for
realizing
the
vision
of
developmental
local
government.
The
Urban
Development
Framework
published
by
the
Department
of
Housing,
examines
the
current
dilemmas
and
realities
facing
South
Africa?s
urban
areas,
whilst
the
Rural
Development
Framework
describes
how
government
aims
to
achieve
a
rapid
and
sustainable
reduction
in
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