Contents
Part 1: Introduction 3
1.1 The brief 3
1.2 Method 3
1.3 Report outline 3
Part 2 : Understanding tenure and tenure security 4
2.1 Defining tenure 4
2 .1.1 Tenure form 4
2.1.2 Social relations 4
2.1.3 3 The bundle of rights 5
2.1.4 Norms, practice and authority 6
2.2 Defining tenure security 7
2.3 Tenure diversity and the freehold 'fixation' 8
Part 3 : Legal pluralism and tenure security 10
3.1 International debates about law and tenure security in customary contexts 10
3.2 The South African case 11
3.3 The different 'rules of the game' 11
Part 4 : Legal and policy framework 14
4.1 The Constitution 14
4.2 Tenure law 15
4.2.1 The Interim Protection of Land Rights Act (IPILRA) no. 31 of 1996 15
4.3 Planning law 17
4.4 Relevant policy 21
4.4.1 Communal Land Tenure Policy (2014) 21
Part 5: Research findings 23
5.1 Context 23
5.2 Key issues 23
5.2.1 Under what circumstances can municipalities provide services on land under customary administration that they do not own? 24
5.2.2 Are there any pre-township establishment activities that can be undertaken and tenure security measures implemented? 25
5.2.3 3 What tenure rights do people living on land under customary administration currently possess? 27
5.2.4 What is the role of traditional leadership in the upgrading process and beyond it, in land administration 27
5.3 Case study findings 28
5.3.1 Background 28
5.3.2 Methodology 29
5.3.3 Access 30
5.3.4 Documentation issued upon access to sites 31
5.3.5 Land use and rights over property 32
5.3.6 Supply of basic services and development projects 32
5.3.7 Relationship between the municipalities and traditional authorities on issues of services 34
Part 6: Proposed approach to upgrading informal settlements on land under customary administration 35
6.1 Conceptual framework 35
6.1.1 Recognition 35
6.1.2 The Upgrading Informal Settlements Programme (UISP) 37
6.2 Recommendations 37
6.2.1 Local recognition : undertake a tenure investigation 37
6.2.2 Legal recognition: identify rights holders 39
6.2.3 Administrative recognition: develop municipal land Records 39
6.2.4 Administrative recognition : provision of basic services and basic layout planning in terms of the UISP 39
6.2.5 Further legal recognition in terms of SPLUMA? 40
Part 7 : Conclusion 41
Part 8 : Acronyms 43