2024-03-28T23:04:05Zhttps://repository.nwu.ac.za:443/oai/requestoai:repository.nwu.ac.za:10394/46692016-04-28T20:55:32Zcom_10394_1150com_10394_1149col_10394_4666
Response to Prof Thilo Marauhn's Opening Address on ’Land Tenure and Good Governance from the Perspective of International Law
Ferreira, G
2011-09-06T10:58:51Z
2011-09-06T10:58:51Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4669
application/pdf
oai:repository.nwu.ac.za:10394/46702016-04-28T20:55:58Zcom_10394_1150com_10394_1149col_10394_4666
Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court
Pienaar, J M
Land reform
restitution
land claims
good governance
Land Claims Court
directives
restitution options
Although 95% of all claims that had been submitted by 1998 have indeed
been processed, a mere 49% of the land that was restored since 1994
housed successful enterprises by the end of 2010. Accordingly, sixteen years
into the restitution process the statistics are rather disappointing. Restitution
of land as a land reform mechanism is a unique temporal process that
involves various role players. This contribution focuses on the role that the
Land Claims Court has to play within the context of “good governance”. In this
regard the legislative and policy frameworks within which restitution and the
Land Claims Court operate, are first set out after which the unique
characteristics of the restitution programme are highlighted. Although the
main function of the Land Claims Court is to grapple with and adjudicate on
legal issues, it also has a role to play in effecting good governance. This may
be done by its involvement in the legal process leading up to the finalization of
claims by issuing directives, acting as a review forum and by removing land
from the restitution process under section 34 of the Restitution Act. However,
a more pro–active role may be played by the Court by its involvement in
deciding the exact form of restitution or restoration in a particular case. In this
regard the Court can find that restitution has to be conditional and that certain
requirements have to be met in order for the process to be effective and
successful. With reference to Baphiring Community v Uys and Others (Case
number LCC 64/1998) it is clear that a pro–active approach would require the
Court to engage in difficult, often conflicting, issues and to embark on in–depth
investigations and analyses where necessary.
2011-09-06T10:58:51Z
2011-09-06T10:58:51Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4670
application/pdf
oai:repository.nwu.ac.za:10394/46722016-04-28T20:55:39Zcom_10394_1150com_10394_1149col_10394_4666
Tenure Security Reformand Electronic Registration: Exploring Insights from English Law
Mostert, H
Security of tenure
land registration
good governance
deeds registration practice
electronification
deeds registration system
communal land rights
This paper examines the potential significance of updating registration practices in
resolving some of the issues about tenure security in a transformative context. It
deals with the importance of good governance in the context of land administration
and considers its impact on intended reforms. Land registration practice as an
indicator of the quality of governance is scrutinised. The debate about the kinds of
interests to be served by tenure security reforms is considered. A comparative law
analysis demonstrates how demands for electronification, placed on registration
systems, can reshape the process of securing tenure. The paper then highlights
issues for further investigation and discussion.
2011-09-06T10:58:52Z
2011-09-06T10:58:52Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4672
application/pdf
oai:repository.nwu.ac.za:10394/46672016-04-28T20:55:31Zcom_10394_1150com_10394_1149col_10394_4666
Foreword
Böhler, W
2011-09-06T10:58:51Z
2011-09-06T10:58:51Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4667
application/pdf
oai:repository.nwu.ac.za:10394/46712016-04-28T20:55:58Zcom_10394_1150com_10394_1149col_10394_4666
The role of local government in evictions
Van Wyk, J
Local government
evictions
local communities
municipalities
social and economic development
good governance
housing policies
Local government occupies a unique place in the South African system of government.
This is circumscribed by the Constitution which contains directives. enjoining
municipalities inter alia to provide democratic and accountable government for local
communities and to promote social and economic development (section 152) as well as
to undertake developmentally–oriented planning (section 153). In addition local
government has a specific role to play regarding access to adequate housing and, in
that context, evictions.
In terms of sections 25 and 26 of the Constitution as well as legislation enacted in terms
of these provisions new and different procedures have been put in place to demarcate
the role of municipalities in evictions. The interpretation, by the courts, of these
legislative provisions, has created a framework within which municipalities must react to
and deal with evictions. In terms of that framework a number of duties and
responsibilities are placed on municipalities, which include that they do the following:
have policies, actions and programmes in place, draw up proper housing plans, be
notified of evictions, mediate and engage with all stakeholders and provide temporary –
and suitable alternative – accommodation of a specific standard, all of which must be
consistent with principles of human dignity and be reasonable.
Against this background this paper will interrogate the role of local government in
evictions, concentrating on the constitutional directives for municipalities, the different
eviction procedures and the duties and responsibilities of municipalities.
2011-09-06T10:58:52Z
2011-09-06T10:58:52Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4671
application/pdf
oai:repository.nwu.ac.za:10394/46742016-04-28T20:55:45Zcom_10394_1150com_10394_1149col_10394_4666
The Potential Use of Cellular Phone Technology in Maintaining an Up–To–Date Register of Land Transactions for the Urban Poor
Whittal, J
Land registration
land tenure
cadastral systems
e-registration
m-registration
e-governance
This article investigates the concept of using cell–phone technology for obtaining information
about unofficial (off–register) transfers in land as are commonly undertaken by the urban poor in
South Africa. Since the introduction of social housing programmes in South Africa after the
democratic elections in 1994, mass land distribution and housing projects have been
undertaken. Formal transfer of these properties has been discouraged by policy (such as a
moratorium on transfers for a period of years), and the inaccessibility of land professionals and
formal processes to the poor. From the disuse of formal transfer mechanisms one can conclude
that these fail, at least in part, to meet the needs of this segment of society. Cell– (mobile) phone
technology penetrates urban poverty more than other interactive technologies such as the
internet, largely due to the lack of access to computers and the 'digital divide'. The aim of this
article is exploratory. It investigates the potential use of cell–phone technology as a means to
inform authorities that a transfer of property has taken place informally or semi–formally. Such
information could pave the way for a process of formal registration and hence aid the upkeep of
the deeds registration system. Research into the potential use of the cell–phone as an
information and communication technology (ICT) tool of land administration, particularly in the
developing world, is undertaken. It is envisaged that a more detailed investigation will follow,
which will include an analysis of organisational and legislative capacity. Further study in which
the use of cell–phone technology in land administration is tested, taking into consideration
structural/organisational factors as well as socio–economic and cultural factors and motivating
factors for use, may be required.
2011-09-06T10:58:52Z
2011-09-06T10:58:52Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4674
application/pdf
oai:repository.nwu.ac.za:10394/46732016-04-28T20:55:45Zcom_10394_1150com_10394_1149col_10394_4666
Urban Pro–Poor Registrations: Complex–Simple the Overstrand Project
Downie, L
Security of tenure
deeds registration
alienation of land
pro poor registrations
customary marriages
consumer protection
low cost housing
Low–cost housing which has been disposed of by private owners is extremely difficult for
conveyancers to register. The law as it stands is often incapable of giving effect to the
business transactions of the poor, thereby creating insecurity of tenure nationwide. The
Land Titles Adjustment Act 111 of 1993 is currently the only legislation capable of
dealing with this impasse. The Overstrand Municipality has provided the staff and
infrastructure to run a pilot project under the Act, for which it is awaiting confirmation
from the Department of Rural Development and Land Reform. This article discusses
the legal issues arising and the potential of such an initiative to provide consumer
protection for the low–literate and other vulnerable holders of rights.
2011-09-06T10:58:52Z
2011-09-06T10:58:52Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4673
application/pdf
oai:repository.nwu.ac.za:10394/46682016-04-28T20:55:32Zcom_10394_1150com_10394_1149col_10394_4666
Opening address at the Colloquium ‘Good Governance in Land Tenure’ held at Potchefstroom on 22 and 23 April 2010: Land Tenure and Good Governance from the perspective of International Law.
Marauhn, T
2011-09-06T10:58:51Z
2011-09-06T10:58:51Z
2011
Article
1727-3781
http://hdl.handle.net/10394/4668
application/pdf