Tenure security and spatial planning law for rapid urbanisation control: perspectives from Botswana

Abstract

We live in an urban world. As the world continues to urbanise, both gains and challenges are felt. However, well planned and managed urbanisation fosters economic development. Due to this urbanisation, Botswana contends with land use challenges. These manifest through land corruption, conflicts and urban sprawl, amongst others, which put property rights in and around Gaborone under threat. In Botswana, the land tenure is categorised as tribal, state and freehold land. Since its independence in 1966, the country had initiated evolutionary reforms to its tenure to improve access, protect property rights and achieve tenure security. This was achieved through the enactment of laws which established bodies such as Land Boards which governs delivery of tribal land and others dealing with state land. These laws have evolved to the extent that customary land is now surveyed and registered as deeds. On the other hand, Botswana enacted spatial planning laws which guide the spatial planning of the country. It has been argued that spatial planning law and tenure security can be intertwined to control effects of rapid urbanisation in the country. Against this backdrop, the study determines how the land tenure security and the spatial planning law of Botswana could assist in controlling some of the impacts of urbanisation. The study concludes that rapid urbanisation has brought great challenges for the country, but tenure security and spatial planning law may just be able to control some aspects of it. The study recommends that a meaningful relationship between tenure and spatial planning regimes is desirable and possible.