EDITORIAL

 

From the guest editors:

 

 

Martin Lewis^I; Hangwelani Hope Magidimisha^II

^IChief Executive Officer, SACPLAN
^IIAcademic Leader for Planning and Housing, School of the Built Environment and Development Studies, University of KwaZulu-Natal, and SACPLAN Council Member

 

 

The land issue is still making waves across Southern Africa, with South Africa being the latest focus of dispute. An article, featured in the Daily Maverick on 29 May 2019, indicates that "Land reform is a broad social challenge that requires the commitment of every South African to ensure the sustainability and prosperity of an inclusive South African economy. The land question is not only an agricultural land problem, but it also relates to urban and peri-urban land' (Kirsten & Vink, 2019: n.p.).

A storm of emotional arguments was fuelled by the announcement of the South African government to investigate the amendment of Section 25 of the Constitution of the Republic of South Africa to allow for expropriation of land without compensation. In his February 2019 State of the Nation Address, President Cyril Ramaphosa stated: "We will support the work of the Constitutional Review Committee tasked with the review of Section 25 of the Constitution to unambiguously set out provisions for expropriation of land without compensation" (RSA, 2019a). On 18 September 2018, President Ramaphosa appointed an Expert Advisory Panel on Land Reform and Agriculture to provide independent advice to the Inter-Ministerial Committee (IMC) on Land Reform. The panel's mandate was to provide a unified policy perspective on land reform in respect of restitution, redistribution and tenure reform. This report introduces a comprehensive approach to land reform emphasising rural-urban linkages, while addressing the unique territorial characteristics.³ In his State of the Nation Address on 20 June 2019, President Ramaphosa indicated that the Presidential Advisory Panel on Land Reform and Agriculture's "recommendations will inform the finalisation of a comprehensive, far-reaching and transformative land reform programme" (RSA, 2019b: 15).

In the foreword to the report, Dr Vuyokazi Mahlati, Chairperson of the Expert Advisory Panel, indicated that "the urgency and Constitutional imperative of land reform in South Africa can neither be taken lightly nor [be] postponed".⁴The issue has divided South Africans and politicians, with some fearing that South Africa will be the next Zimbabwe and others hoping for a long-awaited new dawn. Regardless of one's position on the expropriation of land without compensation, it is certain that the proposed changes will have far-reaching implications for planning and the built environment. This policy uncertainty has already curtailed investment in agricultural land; yet it promises to release well-located land for affordable housing.

The South African Council for Planners (SACPLAN), together with the Town and Regional Planning journal, have decided to dedicate a special issue of the journal in 2019 to explore the land question in Southern African, with a focus on Planning and the Built Environment perspectives. Huchzermeyer, Harrison, Charlton, Klug, Rubin and Todes indicated that urban land reform is a relatively under-researched area, and as such this Special issue is set to assist in reducing the current gap. It contributes to the body of knowledge and is set to be a source document for governments in their endeavours to reaching and finding solutions for this complex and sensitive issue.

In addition to the academic contributions to the topic, the Department of Agriculture, Land Reform and Rural Development (DALRRD), as the national department responsible for land reform, provided a commentary on the topic. In their commentary, the DALRRD acknowledged that the land-related challenges are deeply entrenched and are both systematic and structural. In addition, a write-up on the South African Local Government Association's (SALGA) proposals to facilitate spatial transformation and inclusive economic growth provides a direct response to the urban land reform question. These decisions will enable municipalities to be proactive and to negotiate better development outcomes.

Adding to the contributions from DALRRD and SALGA, a number of academic articles from countries such as Algeria, Botswana, Kenya, South Africa, and Zambia explore the topic.

Winkler indicates that the battles on the land question do not properly engage with the issue of 'communal' land that is under the custodianship of traditional leaders. She argues that the topic of 'communal land' hardly surfaces during political confrontation, whereas at least 17 million South Africans live on 'communal' landholding that is under the custodianship of traditional leaders. Winkler further indicates that scholars and policymakers continue to search for universal solutions that ignore complex historical forces. In a search for uniformed solutions, the complexities and differences suggest that uniformed solutions are not necessarily the answer. She suggests that alternative and situated options need to be explored and proposed that one such option could be an area-based approach. This will allow planners to focus on local-scale priorities. Winkler ends by indicating that we, as planners, have not yet disentangled ourselves from western systems of planning, while the complexities of 'communal land' remain unresolved.

Hafsi and Chabi focus on the experience of land tenure regularisation in two informal settlements in the city of Souk Ahras, Algeria. They sought to identify successes of land tenure regularisation in informal settlements. They indicate that the application of a legal framework does, in fact, face difficulties, due to the historical complexities of land status, lack of resources, and social conflicts. They found that regularisation of informal settlements relies on an accurate land-information system. Hafsi and Chabi mention that the recognition of informal urban settlements developed an approach toward seeking to improve living conditions, stabilise the residents, and better integration of these settlements in the urban management of the city. They also acknowledge that a number of problems arose when a regularisation procedure is engaged, such as historical complexities of land status, social conflicts with inheritance, and the lack of human, technical and financial resources. They conclude by indicating that the phenomenon of urban informality needs to be prevented by the provision of sufficient public housing for all classes.

Khuzwayo, Chipungu, Magidimisha and Lewis examine women's access to rural land in the UMnini Trust traditional area of KwaZulu-Natal. The article analyses the extent to which current land reform programmes address equal access to land and securing of land rights by women. The study identifies that customary land tenure systems should be revised and enforced for improved access to land for rural women. It recommends that women should have equal tenure rights and access to land, irrespective of their marital status.

In the article "Land-grabbing in Botswana: Modern era dispossession", Molebatsi aims to expose the land-grabbing tendencies of the country's land-tenure reforms. The article attempts to 'retell' the story of land-grabbing in Botswana.

Mthembu reflects on expropriation-based land reform in Southern Africa and considers land redistribution in South Africa, Zimbabwe and Namibia, by analysing land in terms of transition to democracy, to independence, land reform and expropriation land reform.

Munshifwa poses the question: How do informal settlements that are under threat of demolition by local authorities transcend these threats to their existence and still consolidate and grow? The story of an informal settlement in the city of Kitwe, Zambia, is examined and the answer is found in their adaptive resistance capacity.

Making use of three case studies that represent contrasting phases of settlement formation, Wamukaya and Mbathi address the relationship between land delivery processes, land tenure dynamics, and the role of various actors involved in the context of land development. The article provides some recommendations, including advocating partnerships between municipalities and neo-customary/customary actors.

Huchzermeyer et al. review some of the key positions that have been explicated in the urban land reform debate. In addition to seeking to extend and fine-tune existing contributions, it pushes the debate further. The article concludes by indicating that urban land reform is more likely to deliver the intended benefits thereof as it is regarded as part of a multifaceted strategy that provides the necessary social and physical infrastructure to accommodate greater densities, attend to the question of urban management as well as safety.

Steyn pleads for a multiple view on land which allows for different regions, each with its own solution coupled with its cultural background to allow for different people. This article echoes the earlier assertion that complexities and differences suggest that uniformed solutions are not necessarily the answer.

Finally, Oranje and Van Wyk

caution against what happens post-expropriation. A theme that has been identified is the need for a clear vision that is shared by all role players. Broad-based stakeholder and community engagement are imperative. It is also evident from the article that prioritisation needs to take place. This should be followed by a programme of legislation, policy and practice underpinned by constitutional principles, norms, values and action.

 

REFERENCES

KIRSTEN, J. & VINK, N. 2019. Unravelling the complexities of land reform in South Africa. Daily Maverick, 29 May. [Online]. Available at: <https://www.dailymaverick.co.za/article/2019-05-29-unravelling-the-complexities-of-land-reform-in-south-africa/> [Accessed: 22 November 2019].         [ Links ]

RSA (REPUBLIC OF SOUTH AFRICA). 2019a. The Presidency. State of the Nation Address, 7 February 2019. [Online]. Available at: <http://www.thepresiden-cy.gov.za/state-of-the-nation-address/state-nation-address-president-cyril-ramaphosa%2C-parliament>[Accessed: 25 November 2019].         [ Links ]

RSA (REPUBLIC OF SOUTH AFRICA). 2019b. The Presidency. State of the Nation Address, 20 June 2019. [Online]. Available at: <http://sona.thepresi-dency.gov.za/assets/downloads/SONA-June-2019.pdf > [Accessed: 25 November 2019].         [ Links ]

 

 

3 Final Report of the Presidential Advisory Panel on Land Reform and Agriculture (4 May 2019) for His Excellency the President of South Africa, p. iv. (Online). Available at: www.gov.za/sites/default/files/gcis_document/201907/panelreportlandreform_0.pdf (Accessed: 22 November 2019).
4 Foreword by Dr Vuyokazi Mahlati, Chairperson of the Advisory Panel on Land Reform and Agriculture, May 2019.