Town and Regional Planning <p><em>Town and Regional Planning</em>&nbsp;is a South African accredited journal for independently adjudicated research articles on applicable topics in town, urban and regional planning.</p> University of the Free State en-US Town and Regional Planning 1012-280X <p><strong>Copyright</strong>: Copyright is transferred to the author(s)&nbsp; when an article is accepted for publication.&nbsp;<br><strong>Publishing rights</strong>: When an author/s publish an article in <em>Town and Regional Planning</em>, the author/s enter into a non-exclusive publishing agreement. This means that author/s may upload a second copy to institutional repositories.</p> <p><a href=""><img src=""></a><br>All articles are published under a <a href="">Creative Commons Attribution Licence (CC BY 4.0)</a>; readers are welcome to reproduce, share and adapt the content without permission provided the source is attributed.</p> <p><strong>Disclaimer:</strong>&nbsp;Views and opinions expressed in this article are those of the author(s). Publication thereof does not indicate that the Editorial Staff or the University of the Free State accept responsibility for it.</p> From the guest editors <p>The land issue is still making&nbsp;waves across Southern Africa, with&nbsp;South Africa being the latest focus&nbsp;of dispute. An article, featured in&nbsp;the Daily Maverick on 29 May 2019,&nbsp;indicates that “Land reform is a broad&nbsp;social challenge that requires the&nbsp;commitment of every South African&nbsp;to ensure the&nbsp; sustainability&nbsp;and prosperity of an inclusive&nbsp;South African economy. The land&nbsp;question is not only an agricultural&nbsp;land problem, but it also relates to&nbsp;urban and peri-urban land” (Kirsten &amp;&nbsp;Vink, 2019: n.p.).&nbsp;</p> Martin Lewis Hangwelani Hope Magidimisha ##submission.copyrightStatement## 2019-12-06 2019-12-06 75 iii viii Land reform in South Africa <p>Since coming to power in 1994, the democratically elected government of&nbsp;South Africa has been trying to address the various issues concerning land.&nbsp;It has been acknowledged that the complex and emotive land question&nbsp;relates to inequality in terms of use, accessibility, and skewed ownership patterns. This opinion piece, submitted as a commentary on behalf of the&nbsp;Department of Agriculture, Land Reform and Rural Development to the&nbsp;Town and Regional Planning Journal and SACPLAN special issue journal,&nbsp;provides an overview of the land-reform programme in South Africa.&nbsp;</p> Department of Agriculture, Land Reform and Rural Development (DALRRD) ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 1 2 Municipal urban land release and acquisition <p>At its 2016 National Conference, the South African Local Government Association (SALGA) resolved “to assist municipalities to facilitate spatial transformation and inclusive economic growth through the adoption of&nbsp;efficient approaches to urban land acquisition and release” (SALGA, 2016).&nbsp;At the 2018 National Member’s Assembly, SALGA made 8 resolutions that&nbsp;are a direct response to the long-outstanding urban land reform&nbsp; question&nbsp;that the country has been battling to address (SALGA, 2018). SALGA’s&nbsp;proposals on urban land governance and management approaches will enable municipalities to proactively negotiate better development outcomes.&nbsp;</p> Neo Molefe Seana Nkhahle ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 3 5 Exploring some of the complexities of planning on ‘communal land’ in the former Transkei <p>‘The land question’ in South African national politics continues to dominate partypolitical&nbsp;battles. However, most of these battles refrain from&nbsp; engaging with ‘communal’&nbsp;landholdings that are under the custodianship of traditional leaders. Of further&nbsp;concern, the legislation not only remains&nbsp; ambiguous about traditional leaders’ land&nbsp;administration functions and powers, but it is also conceptualised within Western&nbsp;frameworks. Ambiguity and Western centricity, in turn, hinder planning efforts and&nbsp;municipal service delivery in South Africa’s rural regions, while residents continue to&nbsp;live without tenure security and enhanced socio-economic prospects. By focusing on&nbsp;‘communal land’, this article revisits African indigenous land laws,&nbsp; in order to gain a&nbsp;deeper understanding of contemporary tenure practices on ‘communal’ landholdings.&nbsp;The article identifies some of the planning&nbsp; complexities found in former Transkei. Possible recommendations include following an area-based approach to planning&nbsp;where community&nbsp; property associations (or similar structures) are explored with&nbsp;residents of some ‘communal’ landholdings, while traditional leadership structures&nbsp; are&nbsp;explored in other contexts. All role players should thus have equal decision-making&nbsp;powers over local land administration and development.&nbsp;</p> Tanja Winkler ##submission.copyrightStatement## 2019-12-06 2019-12-06 75 6 16 Land tenure regularisation for sustainable land use in informal urban settlements: Case study of Lalaouia and Mesguiche, Souk Ahras, Algeria <p>Land is a topic of increasing importance in cities in developing countries. In Algeria,&nbsp;the issue of land is also complex and delicate. Furthermore,&nbsp; problems related to land&nbsp;are more acute when it concerns informal (or illegal) settlements. Since 1945, a ruralurban&nbsp;migration movement in Souk&nbsp; Ahras has resulted in the emergence of informal&nbsp;settlements that had developed on the agricultural land situated on the outskirts of&nbsp;the colonial urban centre. In general, under a formal pattern of urban development, access to land titles precedes the act of building and occupation. In the case of&nbsp;informal settlements, the acquisition of landownership ultimately occurs, after the&nbsp;occupation of land, through regularisation procedures. This&nbsp; article focuses on the&nbsp;experience of land tenure regularisation carried out in two informal settlements,&nbsp;namely Lalaouia and Mesguiche, in the city&nbsp; of Souk Ahras, Algeria. The article&nbsp;seeks to identify elements that have contributed to the greater or lesser success&nbsp;of land regularisation. The main&nbsp; finding of this research is that the regularisation&nbsp;of land tenure in Lalaouia and Mesguiche reflects the general tendency of the&nbsp;Algerian government toward informal settlements that is based essentially on the&nbsp;recognition of these informal settlements. Thus, a land tenure&nbsp; regularisation strategy&nbsp;is implemented. It consists of a combination of physical upgrading programmes that&nbsp;have been ongoing since the mid-1970s, on the one hand, and land-titling measures&nbsp;supported by a set of legal texts to handle the issue of informal tenure, on the other.&nbsp;It is found that the regularisation of the informal settlements relies on an accurate&nbsp;land-information system. The approach adopted within the selected informal&nbsp;settlements can be assessed as positive, since it enabled a relative tenure security,&nbsp;the stability of residents, and the improvement of life standards. Nevertheless, these&nbsp;technical and legal tools are applied separately, instead of a unified approach of&nbsp;regularisation. Besides the fact that the regularisation process is often tedious and&nbsp;time consuming, the article also highlights the main challenges and obstacles that&nbsp;impede the regularisation process: historical complexity of land status, and lack of human, technical and financial resources. These issues are exacerbated by social conflicts that are often associated with heritage.&nbsp;</p> Fatma Zohra Hafsi Nadia Chabi ##submission.copyrightStatement## 2019-12-06 2019-12-06 75 17 30 Examining women’s access to rural land in UMnini Trust traditional area of KwaZulu-Natal, South Africa <p>This article examines land tenure reform in South Africa with a focus on women&nbsp;in the rural areas of KwaZulu-Natal. Using the case study of UMnini&nbsp; Trust&nbsp;Traditional Area, it critically analyses the extent to which current land reform&nbsp;programmes address gender disparities – especially equal&nbsp; access&nbsp; to land and&nbsp;secure land rights by women. In order to provide an insight into this issue,&nbsp;this study used both secondary and primary data sources. The major findings&nbsp;emanating from this study suggest that land remains an emotive issue in rural&nbsp;South Africa, especially among women&nbsp; who are side-lined by government&nbsp;intervention measures. Previous policies and legislations that purposefully&nbsp;neglected and isolated women as&nbsp; beneficiaries of any developmental initiatives&nbsp;are still very much entrenched in contemporary society. The article concludes by&nbsp;recommending for redesigning as well as implementing policies and legislations&nbsp;that are accommodative of women’s plight as far as access to land and security&nbsp;of tenure is concerned.&nbsp;</p> Nontobeko Khuzwayo Lovemore Chipungu Hangwelani Magidimisha Martin Lewis ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 31 43 Land grabbing in Botswana: Modern era dispossession <p>Land grab refers to the formal transfers of large tracts of communal land to foreign&nbsp;or locally based investors for carrying out activities associated with livestock rearing,&nbsp;carbon trading and commercial food production. With the acquiescence of host&nbsp;governments, transnational and multinational corporations are viewed as key players&nbsp;in land grabs. Among the major consequences of land grab is the involuntary loss of&nbsp;land by the rural poor. While the presence of external players in land grab is portrayed&nbsp;as dominant, this article introduces a land grab model where the&nbsp; dominant players&nbsp;are the host country’s ruling elite. Using case examples from Botswana, the article&nbsp;aims to expose the land-grabbing tendencies&nbsp; of the country’s land-tenure reforms,&nbsp;as well as document sites and spaces of resistance available for local communities&nbsp;to curtail land grabbing. It is contended that, in a bid to curb state-sponsored land&nbsp;grabbing, social justice activists in Botswana can draw lessons from the community initiatives discussed in this article.&nbsp;</p> Chadzimula Molebatsi ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 44 53 Reflections on expropriation-based land reform in Southern Africa <p>The South African media mainly reports on the division that the land debate is creating&nbsp;in the country, with some fearing that South Africa could be&nbsp; the next Zimbabwe and&nbsp;others anticipating a long-awaited new dawn. The land debate in South Africa is&nbsp;thus ongoing. However, the implications&nbsp; that may affect the country have not been&nbsp;pursued in great detail. South Africa may learn lessons from other Southern African&nbsp;countries, namely&nbsp; Zimbabwe and Namibia, that had similar land processes. Making&nbsp;use of a semi-systematic literature review, the article considers land redistribution&nbsp; in&nbsp;South Africa, Zimbabwe and Namibia through content analysis, by analysing land&nbsp;in terms of transition to democracy/transition to independence;&nbsp; land reform, and&nbsp;expropriation land reform, in order to reflect on the implications that expropriationbased&nbsp;land reform has had in these countries. The article considers the lessons&nbsp;learnt from Zimbabwe that have raised concerns by those who are against land&nbsp;expropriation without&nbsp; compensation, and those who believe that it will not result in a&nbsp;new dawn for the country. However, the 2019 Draft Expropriation Bill contextualises&nbsp;land expropriation and compensation in South Africa that is aligned with the Property&nbsp;Clause of the Constitution. Hence, the evaluation of South African legislation that&nbsp;accommodates expropriation-based land reform and planning legislation that could&nbsp;be utilised to address the land issue and spatial inequality. This highlights that proper&nbsp;legislation and effective spatial planning can be considered, in order to address land&nbsp;reform in South Africa.&nbsp;</p> Anele Mthembu ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 54 65 Customary system as ‘constraint’ or ‘enabler’ to peri-urban land development: Case of Kisumu city, Kenya <p>Scholarly research on land delivery processes and land tenure dynamics in the&nbsp;context of accelerated urbanization and massive rural-urban land use conversion in&nbsp;sub-Saharan African cities remains limited, especially in Kenya. Kisumu city, Kenya’s&nbsp;third largest urban agglomeration, is currently experiencing spontaneous growth and&nbsp;uncontrolled outward expansions of urban development from the urban centre. This is&nbsp;taking place in the peri-urban areas and rural hinterland, where urban-based actors,&nbsp;under the pressure and anticipation of urbanization, undertake land transactions,<br>land tenure conversions, and land development. Making use of three case studies&nbsp;that represent contrasting phases of settlement formation&nbsp; (incipient, intermediate,&nbsp;and consolidated), this article attempts to provide knowledge, particularly on the&nbsp;relationship between the land delivery&nbsp; processes, land tenure dynamics, and the role&nbsp;of various actors involved in the context of land development. The results indicate&nbsp;that the current trend with regard to landholding in the case study areas was a&nbsp;gradual shift from community control to individualisation. There is a need to&nbsp; integrate&nbsp;both customary and public authority’s efforts towards orderly urban development.&nbsp;This study thus advocates for partnerships between&nbsp; the municipal authority and neocustomary/customary actors and, where appropriate, uses their creativity in solving&nbsp;problems to adapt municipal&nbsp; by-laws and procedures.&nbsp;</p> Edwin Wamukaya Musyimi Mbathi ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 77 90 Adaptive resistance amidst planning and administrative failure: The story of an informal settlement in the city of Kitwe, Zambia <p>Informal settlements often emerge, due to rapid urbanisation or failure of urban systems,&nbsp;with negative resultant effects. Such settlements are&nbsp; viewed as a blight to the beauty&nbsp;and order of modern cities, attracting demolition threats from local authorities. Despite&nbsp;the use of force through emolitions and evictions, a number of these settlements&nbsp;have grown to a point where many have attracted upgrading initiatives rather than&nbsp; demolition. Hence, they have become permanent features of the vast majority of&nbsp;cities in the Global South. This study poses the question: How do these settlements&nbsp;transcend serious threats to their existence and still consolidate and grow? The study found that the answer lies in their adaptive resistance capacity. As settlements resist eviction, they also adapt rules from formal systems, in order to minimise their negative image. As a result, with time, conditions improve within the settlements. The study used Mindolo North informal settlement in the city of Kitwe as a case study to examine mechanisms through which informal settlements emerge, consolidate and grow.&nbsp;</p> Ephraim Kabunda Munshifwa ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 66 76 Urban land reform in South Africa: Pointers for urban policy and planning <p>Urban and reform is a relatively under-researched and -considered element of the broader land-reform debate. This article reviews some of the key positions that have been explicated in the current urban land-reform debate, and seeks to extend existing contributions, fine-tune them and push the debate further. It does so by distinguishing the features of urban land, and considers these and their implications for the meaning of land reform. It also reviews the recently achieved, national policy consensus on urban development and planning, and concludes with suggestions on how to proceed with urban land reform.</p> Marie Huchzermeyer Philip Harrison Sarah Charlton Neil Klug Margot Rubin Alison Todes ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 91 103 Different values lead to alternative approaches to the land debate in South Africa <p>In South Africa, two traditional cultures, namely the African and the European cultures, meet, each with its own historical view on what land is and how to govern it. This situation is complicated by modernist ideological thinking represented by capitalism and communism. Goudappel’s urbanistic concept is used to show how&nbsp;ideological thinking influences theory and practice when contemplating the land&nbsp;issue. This answer is not a single approach, but a multiple view on land which allows for different regions, each with its own solution coupled with its cultural background, in order for all the different peoples in this country to have a place in the sun. Therefore, this article gives a theoretical explanation that there are different value systems that influence the approach to possible solutions of the land issue in South Africa.</p> Das Steÿn ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 104 111 Land (and settlement) reform post-expropriation: Shifting the focus to the ‘Sustainable Human Settlement Development’ imperative <p>Land reform in South Africa has paid less attention to the creation of fair and viable postapartheid urban human settlements than it has to rural land reform. While expropriation of land with or without compensation will deliver land, the question as to what happens post-expropriation has not been addressed. A reconsideration and redesign of the South African legal, policy and institutional frameworks, and spatial planning instruments are required, in order to enable the process of urban land reform to deliver on the development of sustainable human settlements. Since a number of countries have successfully dealt with large-scale restructuring and redevelopment, an examination of the methods employed in two countries, namely Rwanda, post-the genocide in 1994, and The Netherlands, post-World War II, is undertaken to facilitate that process.</p> Mark Oranje Jeannie van Wyk ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 112 124 Sustainable: The war on free enterprise, private property, and individuals by Tom Deweese <p>There are intelligent people with considerable knowledge and experience who&nbsp;vote for the ANC. There are intelligent people with considerable knowledge and&nbsp;experience who vote for the EFF. There are intelligent people with considerable&nbsp;knowledge and experience who vote for the DA. There are intelligent people&nbsp;with considerable knowledge and experience who vote for the ACDP.&nbsp;</p> Das Steÿn ##submission.copyrightStatement## 2019-12-11 2019-12-11 75 125 126