Geïntegreerde volhoubare grondontwikkeling in Suid-Afrika, met spesifieke verwysing na Gauteng
Bouillon, Susanna Gertruida
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Land tenure as a precise concept is hard to envisage except in communities which possess the means of accurate measurements and exact record. But in South Africa, a colonial society, two different kinds of communities came face to face: the one with unwritten, customary traditions of landholding (rural land), the other with a developed system of written record (urban land). This passage contains the core problem that faces land development in South Africa. It emphasises the need for rural and urban land development to be adjusted in order to address the difference between the land development stipulations applicable to the various racial groups, as created by the former apartheid legislation. Owing to the applicability of the said legislation, major development took place in the urban areas, whilst no development was planned for the rural areas, where the majority of South Africans lived. The elections in 1994 created a democratic government system with the aim of addressing the inequalities of the past. It also introduced a new approach to land development, namely integrated sustainable land development. Sustainable development was introduced to the world at the Earth Summit held in Rio de Janeiro in 1992. It can be defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. There are two important aspects to this approach: firstly the needs of the people, particularly the needs of the world's poor, must be an overriding priority and secondly limitations are on the environment's ability to meet present and future needs. The principles of sustainable development were drafted in a document known as Agenda 21. Integrated development planning is South Africa's answer to sustainable development. It is an approach to planning aimed at involving the local government as well as communities in planning matters. Its aims is to facilitate the integration of the planning of all various disciplines (social, economic, environment, spatial, cultural and political) into one process thereby regulating the relationship between the different disciplines. The Constitution of the Republic of South Africa2133 places a duty on local government to be more developmental. This can be achieved by integrated sustainable development. The purpose of developmental local government is to create a planning process which addresses the inequalities of the past. In this study the influence of inter alia developmental local government and the land development procedures applicable to rural and urban land, was investigated. In the second chapter, rights in property were discussed. Section 25 of the Constitution was investigated and the conclusion was reached that rights in property play an essential role in integrated sustainable development. The applicability of section 25 still causes uncertainty and this is apparent from the various court decisions given on this matter. Z134 Prior to 1994 ownership was regarded as the strongest right a person can have over his property. Other rights in property were regarded as less important. Section 25 however changed this situation. Ownership is now regarded as a subsection of rights in property. In is also revealed in this chapter that integrated development planning consists of development law and planning law. It is recommended that these two disciplines be combined in one discipline, development planning law. One discipline will contribute to certainty in law. Fewer legislation and policy documents will be needed while simplifying the management of land development. This proposal is in line with the stipulations of the current legislation 2135 and will contribute to integrated sustainable land development. Chapter 3 shows that most of the legislation (approximately seventeen pieces) applicable to land development in the apartheid era are still applicable today. This legislation does not facilitate integrated sustainable land development. The procedures stipulated in the above mentioned legislation are very lengthy and involve a lot of red tape. The newly elected government recognised the negative impact these legislation would have on land development and in order to address this, it introduced the Development Facilitation Act2136 during 1995. This Act was introduced with the purpose to implement the conditions of the Reconstruction and Development Programme (RDP), to remove the red tape caused by legislation and stimulate speedier land development. An example of this is the establishment of initial ownership that can be registered in the Deeds Office before a general plan is approved by the Surveyor-General. The overhead purpose of the Act is to revoke most of the previous legislation regarding physical planning, township establishment and town planning. This was however never implemented. The full potential of the said act is not realised and it is not widely used due to the comprehensive procedures applicable to land development contained in the Act. It also introduced general principles that govern land development throughout the Republic. These serve as guidelines, a reference that local authorities can utilize when taking a decision in terms of this Act. Every land development application must meet these principles. At present applications are still determined according to the town planning principles of need and desirability and not according to the principles laid down in the Act. The Development Facilitation Act is the first and only act introduced by government which regulates more than one planning matter in the same act. It deals with both rural and urban land development and stipulates that the same principles apply to development in these areas. Secondly it introduces general principles applicable to land development as well as the procedures to be followed in the event of a land development application. Each matter contained in the Act is regulated by its own set of regulations. It is recommended that all future legislation is drafted in the same manner. This procedure will presents certainty in law and will be easily understood by the people using it. Chapter 4 addresses integrated sustainable land development. It is seen as a new land use management system which will address the irregularities of the past. This chapter is divided in two sections. The first deals with sustainable development and the second with integrated development planning. The conclusion is reached that the implementation of integrated sustainable land development presents problems because most local authorities aimed at integrated land development through its integrated development plan. An integrated development plan is a plan drafted in accordance with section 36 of the Local Government: Municipal Systems Act.2137 It is a compilation of different plans and policies of the different disciplines (economic, financial, social, planning) into one strategic document. This document is the most important tool available to local authorities to plan, develop and attract investment to its area. Sustainable development however does not form part of the integrated development plan of the local authorities. It is recommended that in view of the fact that integrated development is the reaction on sustainable development, it should be based on sustainable development as contained in Agenda 21. Integrated sustainable land development still has to go a long way in South Africa due to a lack of knowledge and the mind set of the people who need to implement it. In chapters 5 and 6 the principles of integrated sustainable land development are measured against the existing and new proposed rural and urban land development policies and legislation. Each policy is discussed and it is concluded that these documents do not contribute to integrated sustainable land development. The existing and new2I38 legislation is insufficient to address development in these areas. Approximately twenty pieces of legislation are applicable in the areas. It is recommended that a single act is drafted for the respective areas that addresses all the different matters in these areas. A single act will contribute to certainty and will facilitate development in both the urban and rural areas. The rural land development policies applicable to Botswana are investigated. A comparative study between South Africa and Botswana is done. It is concluded that integrated sustainable land development forms an integral part of Botswana's development arena and this is the reason why development and planning of the rural areas of Botswana is successful. Another factor contributing to the success of rural development in Botswana is the fact that it is regulated by a single act (Tribal Land Act) and various policies applicable to the respective areas (arable land, grazing land, communal land). Rights in property are allocated by the Tribal Land Boards which also keep a register of the allocated rights in land. South Africa does not have a register of land rights. It is recommended that a formal land register is compiled which reflects all existing and new rights allocated to rural dwellers. It should also reflect the position of labour tenants. A body to support rural communities in the development of their land must also be established. The purpose of this body is to train communities in the policies and legislation and thus integrated sustainable land development. The urban areas are segregated due to the practices of the past. All policies and legislation applicable to urban land aim at addressing the segregation of this areas. Segregation can only be addressed by integrated sustainable land development. The purpose of integrated urban land development is prejudiced by the stipulations of the Gauteng Rationalization of Local Government Affairs Act 2139 In terms of this Act, a restriction may be placed by a local authority on access to any public place for purposes of enhancing safety and security. The so called gated communities which are established in terms of this Act do not contribute to integrated sustainable land development. It has a negative impact on urban land development as it confirms some of the principles of the apartheid era. It is recommended that an additional levy is placed on these areas for the exclusive use of the infrastructures in that gated community. Rates and taxes in gated communities should be re-evaluated and if necessary it should be increased. Instead of using a private security company to patrol the gated community, the municipal police service should, at a cost, patrol these areas. In terms of legislation only a police officer may stop a vehicle or person on a public road. It therefore means that a security officer does not have the authority to stop a car and request the drivers particulars. The municipal police have more powers to stop, search and arrest persons on a public street. It is concluded that safety and security can be obtained in an area without the need to close off the area and to erect gates and booms. This will ensure a more integrated and compact city and will enhance integrated sustainable land development. The last chapter deals with housing development. Housing forms an important link in integrated sustainable land development. Section 26 of the Constitution indicates that every person has a right of access to adequate housing. Adequate housing was investigated and the conclusion was reached that it consists of more that mortar and bricks. It includes basic services, a place to live and the right not to be evicted. Housing consists of three forms, namely conventional housing, rental housing and informal settlements. Housing development in South Africa is based on the Habitat Agenda. It addresses the principles applicable to housing development and confirm the content of section 26. Rental housing is an important choice for many people. It ensures access to housing for those who cannot afford to buy there own house. Although it is regulated by legislation, the importance thereof is not yet realized. The reasons might be the non payment of rent. This problem can be address by collection of rent each month in person. Rental can be combined with future ownership. Say for example a person rents a house for longer that six years, that person should be afforded the opportunity to buy the house. It will encourage people to pay rent and look after the apartment or house. Informal settlements are here to stay. In order to accommodate these settlements, it is recommended that they are upgraded. This can be achieved by installing services (roads and water). Security of tenure must be awarded to people living in informal settlements. Pirate urbanization is identified as a good substitute for unlawful occupation of land. Pirate urbanization is at present practice in Bogota. In terms of this practice, a piece of land (usually vacant land) is obtained, subdivided and provided with basic services. The land is subdivided without the formal approval from the local authority. The subdivided erven are sold to squatters and they are allowed to erect a structure of its choice on the land. The person who bought an erf becomes the owner thereof and security of tenure is ensured. This land can be sold in times of difficulties. The conclusion was reached that pirate urbanization can successfully be implemented in South Africa. Since many people in South Africa live in informal settlements. These people will welcome a place of their own combined with security of tenure. Unused state land can be utilised for purposes of pirate urbanization. The principles hereof can be contained in the town planning schemes of the local authority which will afford it legal status. The local authority will then be in a position to regulate the establishment of these neighbourhoods. The overall conclusion reached in this study, is that integrated sustainable land development is of great necessity in South Africa. Land development must be combined with other disciplines (finance, economic and social). For years planning was done in isolation. That might be one of the reasons why South Africa and the other African countries are regarded as Third World. Both rural and urban land development in South Africa are not sustainable nor integrated. A mind shift regarding integrated sustainable land development must take place. It is recommended that this should take place on national level of government and then it will filter through to other spheres of government. Only then South Africa will be on the road to integrated sustainable land development. The final conclusion reached is that all the policies and legislation in the world will not effectuate integrated sustainable land development. It will only be reached if the mind set of those who must implement it, changes. Only then integrated sustainable land development will be successfully implemented.
- Law