TOPIC LAND OWNERSHIP, TENURE RIGHTS AND ECONOMIC DEVELOPMENT NAME - - PowerPoint PPT Presentation

TOPIC LAND OWNERSHIP, TENURE RIGHTS AND ECONOMIC DEVELOPMENT

NAME OF PRESENTER KGOSHI DIKGALE M.S CHAIRPERSON: LIMPOPO HOUSE OF TRADITIONAL LEADERS DATE: 28 MAY 2017 - 01 JUNE 2017

• Rights to Land is an inclusive expression including all the different types of rights to land e.g.

communal.

• Land Tenure (ownership) in the western world points to ownership which cannot be compared

to the rights of individuals under the traditional system.

• Rights to use denotes the particular nature of rights to land under the communal system which

is not rights of tenure in the western usage viz the right of occupation, right of tilling and the right of grazing which is communal.

• Economic Development is a process whereby an economy’s real national income as well as

per capital income increases over a long time.

INTRODUCTION

CONCEPTUAL FRAMEWORK OF RIGHTS TO LAND

Concept of Land Man/land relationship Social system’s spatial regulating of man/relationship with land Western Concepts Measured Units

• Land Tenure (Ownership)
• Contractual

and hereditary succession African Concepts Variable (Genealogical ly

• r

socio politically determined)

• Communal rights (Rights of use, rights of
• ccupation, rights of tilling, rights of grazing)
• Status within group: Kings, Senior

Traditional Leaders.

• Rights

to use, namely; tilling,

• ccupation and grazing with their

communities.

• Sites

allocated by Headmen/women in consultation with Senior Traditional Leaders.

• Areas

for tilling and grazing identified by Headmen/women in consultation with Extension Officers.

• P.T.O issued by TC for site only

• The descendants of the people who took the land are afforded great privilege in life while the

rest of us have to struggle on and have to pay them rent. This injustice is being sustained down the generations. The wealthy get wealthier because the rest of us have to constantly pay them rent of land which their ancestors stole from all our common ownership.

CONCEPTUAL FRAMEWORK OF RIGHTS TO LAND cont.….. ECONOMIC DEVELOPMENT

• There can be no economic development if land is still owned by few.
• Land is wealth and if not availed to all the poor will get poorer.

THE DEVELOPMENT OF THE LIMPOPO SPATIAL PLANNING AND LAND USE MANAGEMENT POLICY AND BILL (SPLUM)

BACKGROUND

• SPLUM signed into law in 2013.
• SPLUMA implemented in 2015.
• Decentralise land use management function exclusively to Municipalities.
• Does not address all Provinces specific issues.
• Limpopo Traditional Leaders objected the implementation of SPLUM in their areas of jurisdiction.
• Traditional Leaders under the leadership of the House submit memorandum to Government in 2016.
• The Office of the Premier engage Traditional Leaders.
• The engagement resulted in the development of a Provincial Policy, Bill and Regulations on Spatial Planning and Land Use

Management for the Limpopo Province.

• Process to develop an appropriate law for Limpopo Province conscious of its unique circumstances within a National

Framework started.

• Limpopo Province is 82% rural and 18% urban.
• Establishment of a formal conduit for cooperative governance in LSPLUM.

SPATIAL PLANNING AND LAND USE MANAGEMENT ON COMMUNAL LAND

• Participation of Traditional Authorities in Land Use Management and Development process

enabled in terms of section 36 (1)(b) of SPLUMA.

• Traditional Authorities to perform the functions of Traditional Councils until the Traditional

Councils are in place.

• Section 23(2) of SPLUMA allows for the participation of Traditional Councils in Land Use

Management.

• Section 36 of SPLUMA specifies MPT composition. This section has been used to allow the

participation of Traditional Councils.

MODEL FOR LAND USE IN RURAL AREAS

Applicant looking for a piece of land Headman/woman confirms land in consultation with Ward Councillor Headman/woman took application to Traditional Council for recommendation Applicant takes the recommendation to Municipality Municipality categorisation of land applications Municipal planning tribunal

KEY PROVISIONS ON THE PROPOSED BILL

• 1. Inclusion of Traditional Authorities in the Land Development application process.
• Confirmation of site for development.
• 2. Representative in the Municipal Planning Tribunal (MPT)
• A permanent representative of the Traditional Council for duration of term of the MPT.
• An adhoc representative of the Traditional Council who will only appear when an MPT is dealing

with land applications in areas under their jurisdiction.

• 3. Representative in the Appeal Authority.
• A permanent representative of the Traditional Council who is not a member of MPT.
• 4. Amending by-laws of Municipalities to align with the Limpopo SPLUM Legislation.

SPLUMA COMPLIANCE

• Section

23(2) – participation

• f

a Traditional Council in Land Use Management.

• Section 36 MPT composition to include Traditional Council.
• Appeal Authority to include Traditional Council.

CONCLUSION

• The Institution of Traditional Leadership is not static but

dynamic and ready to change if that change is for its

• people. Remember 13% we own.

NDAA! INKOMU! MOSHATE!