|Overview : |
The root of the land question today arises out of the pervasive process of land alienation that dispossessed the majority of South Africans of their land over the past few centuries. The 1913 Natives Land Act was the first of a number of discriminatory laws that reinforced the massive dispossession of land from black South Africans. The intentions of Government to review all land reform policies and legislation as enunciated in the 2011 Green Paper on Land Reform aimed at addressing issues relating to historical exclusion, equitable access to land, and participation in the optimal utilisation of land; as well as to address challenges relating to access to food at both household and national level to bring about household f
The recordal of land rights in South Africa should be informed by reality in the ground, we have those that are already on land, those on land needing more land and the millions that are landless living on farms, urban informal settlements / backyards and communal areas. The project is aimed at assisting the Department to address the following key tenure reforms in South Africa:
How do we confer legally secure tenure on land were people already reside – Traditional Communal Areas, on Commercial Farms, in informal settlements on state land etc.;
Define appropriate property rights as guided by the continuum of rights for various pieces of land. Further affirm appropriate rights in instances were land has been acquired and leased to the beneficiaries (i.e. One household One hectares allotments), what property rights will be recorded?
Consider South Africa’s socio-economic situation in the process of affirming / recordal of tenure rights. The 2012 World Bank Report on Agricultural Land Redistribution, argued that economic efficiency is served best if the property right is of infinite duration and fully tradable. In that way, the productivity of the resource can be exploited to the fullest extent.
Consider empowerment of the State in understanding its role in land administration matters. There often is a lot of confusion about “private” and “common” property. Under private property, it is imagined that a person can do as he or she pleases with the property. For instance, we think of private property as a tradable right that can be sold by the individual to anyone, without asking anybody else for permission to do so. When we think of common property, on the other hand, we imagine non-tradability: either very restricted, permissible use of the asset or the tragedy of a complete free-for-all.Consider the realities on the ground both in urban and rural areas in addressing the recordal of land rights.
UNDP and the DALRRD is looking To appoint a team of technical experts to support the DALRRD with the planning and execution of the Recordal of Land Rights project. The team should develop planning tools (qualitative and quantitative) that will assist the Provincial Teams