土地資源管理專業(yè)本科畢業(yè)論文外文文獻(xiàn)及譯文

1、本科畢業(yè)論文外文文獻(xiàn)及譯文Rural and Urba n Land Developme ntand Land Tenure Systems: A Comparis on文獻(xiàn)、資料題目:betwee n South Africa and Botswa na文獻(xiàn)、資料來源:網(wǎng)絡(luò)文獻(xiàn) 、資料發(fā)表（出版）日期：2000.8院（部）:管理工程學(xué)院專業(yè)：土地資源管理班級(jí)：姓名：學(xué)號(hào):指導(dǎo)教師：翻譯日期：*大學(xué)畢業(yè)論文外文文獻(xiàn)及譯文-1 -外文文獻(xiàn)：RURALRURAL ANDAND URBANURBAN LANDLAND DEVELOPMENTDEVELOPMENT ANDAND LANDLANDTEN

2、URETENURE SYSTEMS:SYSTEMS: A A COMPARISONCOMPARISON BETWEENBETWEEN SOUTHSOUTH AFRICAAFRICAANDAND BOTSWANABOTSWANASusa n Bouillo nLegal Advisor: City Coun cil of PretoriaINTRODUCTIONINTRODUCTIONFran kli n D. Roosevelt once said that Every pers on who inv ests in land n ear a grow ing city, adopts the

3、 suresta nd safest method of beco ming in depe ndent, for land is the basis of wealth. The purpose of this paper is to discuss the rural and urba n land developme nt and land tenure systems of South Africa and Botswa na, and to explai n their con tributi ons to urba n sustai nability.DEVELOPMENTDEVE

4、LOPMENT PLANNINGPLANNING ININ BOTSWANABOTSWANABotswa na is located at the centre of the South Africa n plateau, and is bordered by South Africa on the south and southeast, Zimbabwe on the northeast and Namibia on the west and northwest. Approximately 23% of the population is in urban areas and 77% i

5、n rural areas. Botswana has a rich tribal culture, and therefore it is not surprising that the Botswana legal system con sists of local tribal courts, which adjudicate traditi onal matters and Tribal Land Boards, which rule on land use matters in tribal la nds and traditi onal villages. Town Coun ci

6、ls rule on land use matters in urba n areas.The government of Botswana has adopted a system of development planning which has coped relatively well compared with other Africa n coun tries. Developme nt pla nning invo Ives the preparati on of land use pla ns for both urba n and rural areas. The pract

7、ice in Botswa na is that the public is made aware of the implicati ons of land use pla ns before land is zoned for various uses. Public aware nessa nd participati on is en sured by giving land users an opport unity to select preferred land use opti ons from a range of opti ons determ ined through th

8、e evaluati on of physical and econo mic suitability of land resources (bottom-up approach).PROPERTYPROPERTY RIGHTSRIGHTS ANDAND LANDLAND TENURETENURE ININ BOTSWANABOTSWANAIt is the policy of the Gover nment that all citize ns should have easy and equal access to land. In order to realize this, three

9、 land tenure systems have bee n put in place. Tribal la nd covers 71% of the total la nd area of the coun try. It is allocated to citize ns free of charge for all types of uses. State land is owned by *大學(xué)畢業(yè)論文外文文獻(xiàn)及譯文-2 -the state and comprises 23% of the total area. Most of this land is used as Natio

10、nal Parks, or Forest and Game Reserves within which no settlements are permitted. However, a small percentageof this land is allocated for residential purposes, particularly in urba n cen ters. Freehold land comprises only 6% of the total area and is privately own ed. Most of the gover nment policie

11、s to date are therefore directed at tribal la nd.RURALRURAL LANDLANDPrior to independence, Botswana had established traditional ways of allocating and man agi ng tribal la nd and its resources through chiefs and com mun ities. Soon after in depe nden ce, the authority to allocate tribal la nd was sh

12、ifted from the chiefs to the Tribal Land Boards which were established by the Tribal Land Act, but the man ageme nt of the resources rema ins the responsibility of the users and their communities. According to this act, almost 71% of the available land is adm ini stered as tribal la nd accord ing to

13、 an in tegrated system of customary land tenure. Although the ten urial rules for tribal la nd have bee n cha nged con siderably by this act, it is con sidered a very inno vative way to comb ine in dividual la nd tenure security with tribal la nd-use.The Land Boards were established for a specified

14、tribal territory, and took over the administrative functions from chiefs and other tribal authorities. Title of the land vested in the Land Boards. The Land Boards were in itially en titled to make customary and com mon law gran ts, for residential, grazing or cultivation purposes, to members of the

15、 different tribes living in the specified territories only, but since 1993 any citizen of Botswana is entitled to apply for these rights. Land Boards maintain their own record or registrati on system and rights are not registered in the cen tral deeds registrati on system of Botswa na, appare ntly t

16、o keep them more affordable. The Land Boards are en titled to issue certificates of customary grants or certificates of occupati on. Provisi on has bee n made for the conv ersi on of these certificates into titles registrable in the deeds registry once dema nd arises to deal with these certificates

17、in the commercial le nding market. Any cha nge in right-holder must be reported to the land board in order to mai ntai n the accuracy of the record system of the land board. Shelter provision in rural areas has been on individuals in itiatives. The most importa nt prerequisite for hous ing developme

18、 nt, which is access to land, has not really bee n a disturb ing issue due to the fact that all male and female citize ns are allocated tribal la nd for free, but in an effort to facilitate shelter provisi on in rural areas, the gover nment intends to in troduce a rural hous ing programme.Land use p

19、la nning is not a new phe nomenon in Botswa na. Past experie ncesa nd records in dicate that the traditi onal chiefs who had authority on land have always done some form of land use pla nning. Formal la nd use *大學(xué)畢業(yè)論文外文文獻(xiàn)及譯文-3 -pla nning in Botswa na started with the impleme ntati on of the Tribal G

20、razi ng Land Policy in 1975, whe n some areas were zoned for wildlife use, others became reserved areas, while other areas continued to be for communal use. This policy enabled in dividuals or groups to have exclusive use of land in areas zoned for such use. These rights are perma nent, exclusi onar

21、y and in heritable. They may on ly be revoked by the land board in circumsta nces where the right-holder fails to utilize the land on terms specified by the land board, or fails to develop the land accord ing to the specified purposes with in five years or where the land was not distributed fairly .

22、In these in sta nces, the land does not revert to the gover nment but is reallocated by the land board to other applica nts. This policy was therefore a major programme through which rural developme nt was to be achieved.The districts up to now continue to prepare and update their respective in tegr

23、ated land use pla ns. In the preparatio n of such pla ns the com mun ities have major in puts with regard to the various land uses. This is in realizati on of the fact that to have an impleme ntable and susta in able land use pla n, the com mun ities should be the ones who decide the uses on a parti

24、cular type of Ian d. It should be no ted, however, that not all districts have such pla ns.URBANURBAN LANDLANDAn urba n centre in Botswa na is defi ned as All settleme nts on state land and settleme nts on tribal land with a population of 5000 or more persons with at least 75% of the labor force in

25、non-agricultural occupati ons. Gen erally, an urba n centre should be see n to provide its populati on with in fra-structural and en vir onmen tal services similar to that which exists in a moder n city. Rural-urba n migrati on has played an importa nt role in the growth of urba n areas. Several urb

26、a n developme nt policies have bee n evolved over the years to guide the growth and developme nt of the urban areas. Due to the fact that a large part of the people of Botswana are living in rural areas, most of the developme nt is aimed at the rural areas, but a few programmes were in troduced in o

27、rder to better the circumstances of those living in urban areas. The Self Help Housing Programme was in troduced to assist the low in come urba n households to develop their own houses. Un der this scheme, the Gover nment provides basic services such as roadswater sta nd pipes, and a pit-latri ne to

28、 each plot. Plot holders were give n ten urial security through a Certificate of Rights. This programme has also been used in upgrading the squatter settlements which existed prior to its in ceptio n.Shortage of serviced land has been identified as one of the major constraints to urban housing devel

29、opment. Therefore a major land servicing programme, the Accelerated Land Servici ng Programme, was in troduced. The objective of the programme was to service land for all uses, such as reside ntial, commercial and in dustrial, i *大學(xué)畢業(yè)論文外文文獻(xiàn)及譯文-4 -n all urba n areas. A Hous ing Departme nt has bee n

30、established, which is charged with the resp on sibility of promoti ng hous ing developme nt and improvement through policy initiatives that create an enabling environment for shelter provisi on.The Town and Country Planning Act, which is the main legislation guiding physical pla nning in Botswa na,

31、makes provisi ons for an orderly and progressive developme nt and con trol of land in both urba n and rural areas. The Urba n Developme nt Stan dards and the Developme nt Con trol Code also facilitate the orderly pla nning of settleme nts. Sustai nable urba n developme nt depends on the availability

32、 of clean water supply and provision of infrastructure for sanitation and waste management. An integrated approach in the provision of environmentally sound in frastructures in huma n settleme nts is see n as an in vestme nt that fosters susta in able developme nt and that can improve the quality of

33、 life, in crease productivity, improve health, and reduce poverty.Although the con cept of susta in able developme nt gained prominence on the intern ati onal sce ne only a few years back, it has been one of the objectives of development planning in Botswana since independence in 1966. The term has

34、appeared as an objective in all the subsequent development plans, but its meaning has been expanded to reflect the changing development realities over the years.LANDLAND DEVELOPMENTDEVELOPMENT ININ SOUTHSOUTH AFRICAAFRICAThe shape and form of the cities in South Africa are the result of conscious ap

35、artheid pla nning in the past. Whe n South Africa?s first democratically elected gover nment came in to power in 1994, it in herited the fragme nted, un equal and in cohere nt pla nning systems which developed under apartheid. During apartheid, land development planning in the then four provinces, t

36、en homelands and the ,group area?racial zones, fell under many different laws, ordinan ces, procedures and regulati ons. There was a lack of coord in ati on, an un equal distributi on of resources and a lot of ,red tape? which slowed dow n developme nt projects.A Nati onal Developme nt and Pla nning

37、 Commissio n were appo in ted to advise the Min ister of Land Affairs and the Mini ster of Hous ing on pla nning and developme nt. Among other thin gs, the Commissio n was requested to prepare a Gree n Paper on pla nning which would review and recomme nd cha nges to the apartheid legislatio n and pr

38、ocess of land developme nt in South Africa. The Commissi on decided to focus on the spatial pla nning system for urba n and rural developme nt. A land development policy, the Reconstruction and Development Programme (RDP), a comprehensive and sectorally-based socio-economic policy framework that est

39、ablished the developmental foundations for the removal of apartheid and the building of a democratic, non-racial and non-sexist future, was *大學(xué)畢業(yè)論文外文文獻(xiàn)及譯文-5 -adopted. This policy is based upon in tegrated developme nt pla nning, a process which aims to maximize the impact of scarce resources and lim

40、ited capacity. The prime purpose of this policy was to establish procedures to facilitate the release of appropriate public land for affordable housing, public services and productive as well as recreatio nal purposes .In settleme nts which have bee n established in remote locati ons, without formal

41、 pla nnin g, la nd developme nt invo Ives upgrad ing services and in frastructurn situ.Pla nning in South Africa in the past and at prese nt is done accord ing to the Town Pla nning Ordinances of the various provinces. Although mechanisms for forward planning have long existed, the tow n pla nning s

42、cheme, which was established in terms of the Ordi nan ces, is at the heart of the tow n pla nning system. While this system was strictly en forced in most white, I ndia n and colored areas, on ly simplified vers ions were later in troduced to urba n tow nships, further complicat ing the land admi ni

43、strati on system. As a result hereof South Africa n settleme nts in both urba n and rural areas were gen erally in efficie nt, fragme nted and inconvenien t. I n large part, this is the result of the in terplay betwee n historical spatial pla nning policies and practices and the impleme ntatio n of

44、the ideology of apartheid. Despite this, there are few sig ns that sig nifica nt and wide reach ing improveme nts have bee n set in place since 1994. ThC on stituti on of South Africa has a bearing on the planning system in those new constitutional requirements such as cooperative governance, proced

45、ural and participatory rights to ensure accountability for decision-making, the promotion of social and economic rights and the protection of the environment create imperatives that profoundly affect planning. In the planning sphere, legislatio n has shifted, with the pass ing of the Developme nt Fa

46、cilitati on Act, which was the first n ati onal pla nning legislatio n promulgated after the first democratic electio ns in 1994, from being con trol-orie ntated towards being no rmatively-based. It was passed to beg in the process of tran sformi ng pla nning to meet the n eeds of the new democracy.

47、The Development Facilitation Act introduces the concept of land development objectives. These are plans approved by political decision-makers that set their objectives and targets for developme nt of an area. Thela nd developme nt objectives? inten ti ons are to create a ear spatial framework for th

48、e area and to create a proactive rather tha n a reactive pla nning system .In terms of the Local Gover nment Tran siti on Second Ame ndme nt Acrtnun icipal authorities are required to create integrated development plans. An integrated development plan is a plan aimed at the in tegrated developme nt

49、and man ageme nt of the area of jurisdicti on of the muni cipality concern ed, and which has been compiled having regard to the general principles contained in the Developme nt Facilitatio n Act. A com mon inten ti on of both in tegrated developme nt pla ns and land developme *大學(xué)畢業(yè)論文外文文獻(xiàn)及譯文-6 -nt ob

50、jectives is to tie public age ncy pla ns to budgets. I n draw ing up both land developme nt objectives and in tegrated developme nt pla ns, local authorities are required to try to achieve the intentions of the Development Facilitation Act principles. A land development applicatio n may not be appro

51、ved if such applicati on is incon siste nt with any land developme nt objective or integrated development plan, although land owners and developers may make proposals to cha nge land use if they can motivate that the cha nge would be con siste nt with both in tegrated developme nt pla ns and land de

52、velopme nt objectives and thDevelopme nt Facilitati on Act prin ciples. The onus of resp on sibility to dem on strate this is on the developer.PROPERTYPROPERTY RIGHTSRIGHTS ANDAND LANDLAND TENURETENURE ININ SOUTHSOUTH AFRICAAFRICALand tenure in post-apartheid South Africa is a conten tious issue and

53、 has long bee n a source of con flict. As is the case in many tran siti onal political situati ons, there are also differe nces of opinion regarding the role and definition of ownership and other rights in property. The Con stituti on of South Africa provides in secti on 25(1) for the ack no wledgem

54、e nt of differe nt rights in property. It is clear that not only own ership, but also other rights in immovable property are recog ni zed and protected. In terms of secti on 25(6) the state has the obligati on to secure by means of legislati on, other forms of land tenure which are in secure as a re

55、sult of the apartheid legislati on and policies.In order to rectify the in justices of the past, the Departme nt of Land Affairs started with a programme of land reform by means of restitution, redistribution and tenure reform. This programme resulted in the follow ing acts being promulgated: the Re

56、stituti on of Land Rights Act (regard ing the restituti on of land to pers ons dispossessed of land after 1913 as a result of racially discriminatory legislation), the Development Facilitation Act (regarding quicker and cheaper planning and development methods), the Land Reform (Labor Tenants) Act (

57、regarding the security of housing, grazing and cultivating rights of labor tenants), the Communal Property Associations Act (regarding the creation of associations to own, control and deal with com mun al/com mon property), the In terim Protectio n of In formal Land Rights Act (regard ing the interi

58、m protection of the rights of people in rural areas), the Extension of Security of Tenure Act (regard ing the protecti on of laborers other tha n labor tenants in rural areas) and thPreve nti on of Illegal Evictio n from and Un lawful Occupati on of Land Act (regard ing the measures to protect vuln

59、erable occupiers and evict squatters).The vision and strategy for South Africas land policy, a policy that is just, builds recon ciliatio n and stability and con tributes to econo mic growth, is set out in the White Paper on South African Land Policy. The governments land reform programme is made up

60、 of land restituti on( which invo Ives returni ng land lost since *大學(xué)畢業(yè)論文外文文獻(xiàn)及譯文-7 -1913 because of racially discrimi natory laws, or compe nsat ing victims for loss of land due to racially discrimi natory laws), la nd redistributio n (makes it possible for poor and disadvantaged people to buy land