完整版土地资源管理专业本科毕业论文外文文献及译文.docx

1、完整版土地资源管理专业本科毕业论文外文文献及译文本科毕业论文外文文献及译文文献、资料题目：Rural and Urban Land Development and Land Tenure Systems: A Comparison between South Africa and Botswana文献、资料来源： 网络文献、资料发表（出版）日期：2000.8 院 （部）： 管理工程学院专 业： 土地资源管理班 级： 姓 名： 学 号： 指导教师： 翻译日期： 外文文献：RURAL AND URBAN LAND DEVELOPMENT AND LAND TENURE SYSTEMS: A COM

2、PARISON BETWEEN SOUTH AFRICA AND BOTSWANASusan BouillonLegal Advisor: City Council of 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 purpo

3、se of this paper is to discuss the rural and urban land development and land tenure systems 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 Sou

4、th 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% in rural areas. Botswana has a rich tribal culture, and therefore it is not surprising that the Botswana legal system consists of local

5、 tribal courts, which adjudicate traditional matters and Tribal Land Boards, which rule 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 relativ

6、ely well compared with other African countries. Development planning involves the preparation 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

7、participation is ensured by giving land users an opportunity to select preferred land use 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 G

8、overnment that all citizens should have easy and equal access to land. In order to realize 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 th

9、e state and comprises 23% of the total area. Most of this land is used as National Parks, 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

10、 6% of the total area and is privately owned. Most of the government policies to date are 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 i

11、ndependence, the authority to allocate tribal land was shifted from the chiefs to the Tribal 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 availabl

12、e land is administered as tribal land according to an integrated system of customary land 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 B

13、oards were established for a specified 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 initially entitled to make customary and common law grants, for residential, grazing or cult

14、ivation purposes, to members of the 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 registration system and rights are not registered in the central deeds registration sy

15、stem of Botswana, apparently to keep them more affordable. The Land Boards are entitled to 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 w

16、ith these certificates in the commercial lending market. Any change in right-holder must be 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 h

17、ousing development, which is access to land, has not really been a disturbing issue due to 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. La

18、nd use planning is not a new phenomenon in Botswana. Past experiences and records indicate 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

19、1975, when some areas were zoned for wildlife use, others became reserved areas, while other 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

20、 only be revoked by the land board in circumstances where the right-holder fails to utilize 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 doe

21、s not revert to the government but is reallocated by the land board to other applicants. This 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 preparatio

22、n of such plans the communities have major inputs with regard to the various land uses. This 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, th

23、at not all districts have such plans.URBAN LANDAn urban centre in Botswana is defined as All 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 s

24、een to provide its population with infra-structural and environmental services similar to that 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 d

25、evelopment 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 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 P

26、rogramme was introduced to assist the low income urban households to develop their own houses. 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 p

27、rogramme has also been used in upgrading the squatter settlements which existed prior to its 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

28、 introduced. The objective of the programme was to service land for all uses, such as residential, 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 initia

29、tives that create an enabling environment for shelter provision. The Town and Country Planning 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 Developmen

30、t Standards and the Development Control Code also facilitate the orderly planning of settlements. 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 environmen

31、tally sound infrastructures in human settlements is seen as an investment that fosters sustainable 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 s

32、cene only a few years back, it has been one of the objectives of development planning in Botswana 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 result 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