1、土地资源管理专业 论文外文文献及译文土地资源管理本科毕业论文外文文献及译文文献题目:Rural and Urban Land Development and Land Tenure Systems: A Comparison between South Africa and Botswana外文文献:RURAL AND URBAN LAND DEVELOPMENT AND LAND TENURE SYSTEMS: A COMPARISON BETWEEN SOUTH AFRICA AND BOTSWANASusan BouillonLegal Advisor: City Council of
2、PretoriaINTRODUCTIONFranklin D。 Roosevelt once said that Every person who invests in land near a growing city, adopts the surest and safest method of becoming independent, for land is the basis of wealth。 The purpose of this paper is to discuss the rural and urban land development and land tenure sy
3、stems of South Africa and Botswana, and to explain their contributions to urban sustainability. DEVELOPMENT PLANNING IN BOTSWANABotswana is located at the centre of the South African plateau, and is bordered by South Africa on the south and southeast, Zimbabwe on the northeast and Namibia on the wes
4、t and northwest. Approximately 23 of the population is in urban areas and 77 in rural areas。 Botswana has a rich tribal culture, and therefore it is not surprising that the Botswana legal system consists of local tribal courts, which adjudicate traditional matters and Tribal Land Boards, which rule
5、on land use matters in tribal lands and traditional villages. Town Councils rule on land use matters in urban areas。 The government of Botswana has adopted a system of development planning which has coped relatively well compared with other African countries. Development planning involves the prepar
6、ation of land use plans for both urban and rural areas. The practice in Botswana is that the public is made aware of the implications of land use plans before land is zoned for various uses。 Public awareness and participation is ensured by giving land users an opportunity to select preferred land us
7、e options from a range of options determined through the evaluation of physical and economic suitability of land resources (bottom-up approach)。PROPERTY RIGHTS AND LAND TENURE IN BOTSWANAIt is the policy of the Government that all citizens should have easy and equal access to land。 In order to reali
8、ze this, three land tenure systems have been put in place. Tribal land covers 71% of the total land area of the country. It is allocated to citizens free of charge for all types of uses。 State land is owned by the state and comprises 23 of the total area. Most of this land is used as National Parks,
9、 or Forest and Game Reserves within which no settlements are permitted. However, a small percentage of this land is allocated for residential purposes, particularly in urban centers. Freehold land comprises only 6% of the total area and is privately owned. Most of the government policies to date are
10、 therefore directed at tribal land.RURAL LANDPrior to independence, Botswana had established traditional ways of allocating and managing tribal land and its resources through chiefs and communities. Soon after independence, the authority to allocate tribal land was shifted from the chiefs to the Tri
11、bal Land Boards which were established by the Tribal Land Act, but the management of the resources remains the responsibility of the users and their communities。 According to this act, almost 71 of the available land is administered as tribal land according to an integrated system of customary land
12、tenure. Although the tenurial rules for tribal land have been changed considerably by this act, it is considered a very innovative way to combine individual land tenure security with tribal land-use。 The Land Boards were established for a specified tribal territory, and took over the administrative
13、functions from chiefs and other tribal authorities。 Title of the land vested in the Land Boards。 The Land Boards were initially entitled to make customary and common law grants, for residential, grazing or cultivation purposes, to members of the different tribes living in the specified territories o
14、nly, but since 1993 any citizen of Botswana is entitled to apply for these rights. Land Boards maintain their own record or registration system and rights are not registered in the central deeds registration system of Botswana, apparently to keep them more affordable。 The Land Boards are entitled to
15、 issue certificates of customary grants or certificates of occupation. Provision has been made for the conversion of these certificates into titles registrable in the deeds registry once demand arises to deal with these certificates in the commercial lending market。 Any change in right-holder must b
16、e reported to the land board in order to maintain the accuracy of the record system of the land board. Shelter provision in rural areas has been on individuals initiatives. The most important prerequisite for housing development, which is access to land, has not really been a disturbing issue due to
17、 the fact that all male and female citizens are allocated tribal land for free, but in an effort to facilitate shelter provision in rural areas, the government intends to introduce a rural housing programme. Land use planning is not a new phenomenon in Botswana。 Past experiences and records indicate
18、 that the traditional chiefs who had authority on land have always done some form of land use planning. Formal land use planning in Botswana started with the implementation of the Tribal Grazing Land Policy in 1975, when some areas were zoned for wildlife use, others became reserved areas, while oth
19、er areas continued to be for communal use。 This policy enabled individuals or groups to have exclusive use of land in areas zoned for such use。 These rights are permanent, exclusionary and inheritable. They may only be revoked by the land board in circumstances where the rightholder fails to utilize
20、 the land on terms specified by the land board, or fails to develop the land according to the specified purposes within five years or where the land was not distributed fairly。 In these instances, the land does not revert to the government but is reallocated by the land board to other applicants。 Th
21、is policy was therefore a major programme through which rural development was to be achieved.The districts up to now continue to prepare and update their respective integrated land use plans. In the preparation of such plans the communities have major inputs with regard to the various land uses。 Thi
22、s is in realization of the fact that to have an implementable and sustainable land use plan, the communities should be the ones who decide the uses on a particular type of land. It should be noted, however, that not all districts have such plans.URBAN LANDAn urban centre in Botswana is defined as Al
23、l settlements on state land and settlements on tribal land with a population of 5000 or more persons with at least 75% of the labor force in non-agricultural occupations. Generally, an urban centre should be seen to provide its population with infra-structural and environmental services similar to t
24、hat which exists in a modern city。 Rural-urban migration has played an important role in the growth of urban areas。 Several urban development policies have been evolved over the years to guide the growth and development of the urban areas. Due to the fact that a large part of the people of Botswana
25、are living in rural areas, most of the development is aimed at the rural areas, but a few programmes were introduced in order to better the circumstances of those living in urban areas。 The Self Help Housing Programme was introduced to assist the low income urban households to develop their own hous
26、es。 Under this scheme, the Government provides basic services such as roads, water stand pipes, and a pit-latrine to each plot. Plot holders were given tenurial security through a Certificate of Rights。 This programme has also been used in upgrading the squatter settlements which existed prior to it
27、s inception. Shortage of serviced land has been identified as one of the major constraints to urban housing development. Therefore a major land servicing programme, the Accelerated Land Servicing Programme, was introduced. The objective of the programme was to service land for all uses, such as resi
28、dential, commercial and industrial, in all urban areas. A Housing Department has been established, which is charged with the responsibility of promoting housing development and improvement through policy initiatives that create an enabling environment for shelter provision。 The Town and Country Plan
29、ning Act, which is the main legislation guiding physical planning in Botswana, makes provisions for an orderly and progressive development and control of land in both urban and rural areas. The Urban Development Standards and the Development Control Code also facilitate the orderly planning of settl
30、ements。 Sustainable urban development depends on the availability of clean water supply and provision of infrastructure for sanitation and waste management。 An integrated approach in the provision of environmentally sound infrastructures in human settlements is seen as an investment that fosters sus
31、tainable development and that can improve the quality of life, increase productivity, improve health, and reduce poverty。 Although the concept of sustainable development gained prominence on the international scene only a few years back, it has been one of the objectives of development planning in B
32、otswana since independence in 1966. The term has 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.LAND DEVELOPMENT IN SOUTH AFRICAThe shape and form of the cities in South Africa are the r
33、esult of conscious apartheid planning in the past。 When South Africas first democratically elected government came into power in 1994, it inherited the fragmented, unequal and incoherent planning systems which developed under apartheid. During apartheid, land development planning in the then four provinces, ten homelands an
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