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Integrating Land Issues and Land Policy with Poverty Reduction
and Rural Development in Southern Africa
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| 4. Land Policy and Poverty Reduction |
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On paper, countries within the region have been active in reviewing and promulgating new land reform and tenure reform policy (Box B). Not surprisingly for the “settled” countries, the policy framework tends to be more strongly focused on land reform to redistribute land from the formerly white large scale commercial farming sectors to smallholder sectors. Land redistribution further encompasses processes of land acquisition, resettlement and post settlement support including provision of clinics, roads, schools, market centers, water, electrification, sewage, and improved access to agricultural inputs, markets and technology. Overall, processes for land acquisition have been slow within the region, too slow for assurance of political stability.
| Box B: Recent Land Reform Processes |
| Country |
Policy Formulation |
| Botswana |
New Agricultural Policy, 1991 |
| Lesotho |
Draft National Land Policy, 2001 |
| Malawi |
National Land Policy, 2002 |
| Mozambique |
National Land Policy, 1995 |
| Namibia |
National Land Policy, 1998 |
| South Africa |
White Paper on South African Land Policy, 1997 |
| Swaziland |
Draft National Land Policy, 1999 |
| Zambia |
Draft National Land Policy, 1998 |
| Zimbabwe |
Draft National Land Policy, 1998/9 |
| Sue Mbaya, 2002. |
Some headway has been made in rationalizing the dualistic system of property rights or for upgrading customary tenure, but overall tenure reform has received less attention than land redistribution. Despite the many innovations in land tenure reform in Mozambique’s land law (see Table 1A), implementation has a long way to go. Both the Lesotho and Namibian land policy frameworks recognize the need for upgrading land rights, but the lion’s share of resources seem drawn toward issues of land redistribution, land use planning, and land management. Even in South Africa that has gone the furthest in upgrading land tenure rights, implementation has been painfully slow in part due to capacity constraints, and conflict between government and traditional authorities over who – chiefs or the people – should be the rightful holders of the land.19 Of the countries where restitution claims are an issue (Namibia, South Africa, and Zimbabwe), only South Africa has included a restitution component in its land reform, but as noted by Mbaya, restitution claims across the region are complex, contentious and a proverbial “can of worms” to untangle. Mbaya also notes that land policy and law within the region are becoming more gender sensitive (see also Table 1A and 1B), but while some comfort can be drawn from more gender conscious governments, reforms on the ground are far from adequate.
South Africa has also gone the furthest in protecting farmworkers rights, but as argued by Roth (2001), land tenure reforms alone seldom provide the protection that is needed to avoid evictions due to grossly imperfect enforcement and inadequate government reach. What is required in addition is a policy thrust that builds trust between the commercial farm and farmworker communities, not divisions, and uses incentives that encourage employment, rather than penalties that result in eviction. But, the sad fact remains, that however successful the achievements in land tenure reform and restitution, majority populations within the region are relegated to land holdings that are too small and are diminishing due to environmental degradation and population pressure. With regard to both land tenure reform and restitution, one lesson is clear -- a more robust land redistribution component is needed to both strengthen the “teeth” of reforms and decrease demands on an overcrowded land base.
There are practical problems that impede governments’ ability to implement land reform and land tenure reform beyond inadequate legal frameworks, in particular lack of implementation and overly centralized bureaucracies.
Implementation. Certain land frameworks (Namibia) do a reasonably good job of clearly identifying land policy needs and interventions. Others like the land policy framework for Mozambique are very long on priorities as the needs are great. Many governments talk of agrarian reform, decentralization, land tenure reform, and investments in building systems of land administration. Yet, as noted by Martin Adams, “…in an attempt to do everything, governments often do little or nothing.” Many papers were simply too broad and lacking in focus. According to one commentator from Namibia, “…many discussions contained elements of “beautiful policies (Malawi) but no resources to aid in implementation. Governments know what must be done, but implementation is a nightmare.”
Decentralization. More than one civil servant lamented the serious capacity constraints inhibiting government’s ability to deliver land services to the poor. As noted by one discussant, “an excellent policy not implemented cannot be excellent.” It is understandable how large countries like Mozambique and Namibia have been unable to adequately decentralize. But even South Africa, which has managed to create a first-rate legal framework, has suffered from inability to devolve authority and responsibility of functions to regional and local levels. Speakers from Botswana, Mozambique and Namibia observed how colonial authorities left governments with little or no operating infrastructure at the time of independence.
| Table 1A: Land Policy Framework |
| Mozambique |
Lesotho |
Namibia |
1995 Land Policy and 1997 Land Law; 1998 Regulations
Land Policy Framework:
- Customary rights protected by law
- Identification and registration of customary land rights using co-titling or condominium titling
- Definition and recognition of representatives of local communities in land administration
- Recognition that women can be title holders
- 50 year land use rights, renewable for same period; registration not obligatory for rightholders under customary occupation
- Foreigners able to hold land
- Compulsory consultation with communities in deciding upon new investment
- Individuals may obtain individualized title by delinking from community jurisdiction
- Titles in urban/peri-urban areas allowed to be bought and sold
- Land use plan required for acquiring use rights; extinction of rights when plan is not implemented
- Provisional authorization and later full title can serve as collateral
- Identification and registration of community rights of way to ensure access to water and grazing
- No transfer rights for agricultural land
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Land Act of 1979 (still in force)
- Removed powers of traditional authorities and vested rights in community-based institutions – land committees and village development councils
- Allocation in rural areas is done by land committees chaired by local chiefs
- Selected development areas established
Draft White Paper on National Land Policy, 2001. Proposals:
- Comprehensive National Land Code will be developed to reconcile customary and statutory law
- Grants of land in freehold may be made in selected areas for specific purposes
- Commitment to removal of all forms of gender discrimination in land dealings
- Restrictions should be relaxed to enable foreigners to acquire title subject to approval
- Statutes will be amended to allow for compulsory acquisition of land for public purposes and payment of compensation
- Certificates of rights to long-term occupiers on urban land to provide urban poor with secure tenure while avoiding costly title registration
Land Redistribution
- Government will develop a range of options – taxation, enforcement of lease conditions, tightening payment of rent and use of powers to acquire land for public purposes to curb land hoarding and land speculation
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National Land Policy and the Agricultural (Commercial) Land Reform Act 6 of 1995
- Willing-seller, willing buyer principle in land reform acquisitions
- Any commercial farmer wishing to sell land must first offer it for sale to government State has right of first refusal
- Non-Namibians are forbidden rights of ownership unless authorized by government
- Creation of a Land Reform Advisory Commission
- Expropriation of excessive land
- Establishment of a Land Acquisition and Development Fund
- Taxation of all commercial agricultural land
- Affirmative Action Loan Scheme administered by Agricultural Bank to help disadvantage people buy land and livestock
Communal Land Reform Act:
- Establishment of Land Boards to administer land allocation and land disputes in respective areas
- Leasehold tenure to individuals for renewable periods of 99 years, upgradable to freehold
Land Redistribution:
- Land Acquisition: Government prefers to buy the best farms, thus must be selective
- Two target groups of beneficiaries – the poor and successful farmers in communal areas
- Redistribution of people onto commercial farms helps create space in communal areas for smaller farmers to grow and for entry-level farming
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| Table 1B: Land Cadaster, Fiscal Planning, Land Conflicts and Constraints |
| Mozambique(continued) |
Lesotho(continued) |
Namibia(continued) |
Cadaster:
- Property register and Cadastral register. Huge backlog of unprocessed cases
- Prohibition against private surveyors ended in 1992. Few private surveyors presently
- Cadastral services preoccupied with new registrations and inspections to monitor land use plans, master land use plans, and updating mapping
Fiscal:
- Land taxation mentioned but not articulated
Land Conflicts:
- Land conflicts resolved by both juridical tribunals (urban areas) and community tribunals, local public administration, customary authorities, churches and local cadaster services
- Training program underway for all district judges and state attorneys
Constraints/Special Issues:
- Private sector is proposing land titles be freely transferable, and that the land market be regulated. Civil society feels much can be done without privatizing land; state ownership confers stability
- No means by which land value can be estimated. Only fixed improvements can be valued
- Insufficient infrastructure, poor communications, a weak system of justice and limited public services
- Implement policy and regulatory framework
- Capacity building and institutional reform at all levels, central to community level
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Cadaster:
- More resources for urban land management to help curb unauthorized building development and uncontrolled growth
- Integrate community-based land use plans with district development plans. Decentralize land use and physical planning to district level
- Surveying, mapping and proper zoning of all land in Lesotho starting with urban areas and extending to rural areas based on LIS concepts
Fiscal:
- Simplify the valuation process and update the valuation rolls to increase land revenues
Land Conflicts:
- Reduce the huge backlog of land cases. More resources made available to the land tribunal and Courts. Cases will be heard in districts
- Fresh start in constructing system of land dispute resolution using local courts at sub-district level
- Government will facilitate alternative resolution mechanisms involving arbitration mediation
Constraints/Special Priorities:
- Serious environmental problems. Dwindling arable land from 13 to 10% of landmass
- Land sector lacks advocacy at Ministerial level
- Need to promote stakeholder participation at all levels. More open and transparent policymaking
- High level policy advice needed including appraisal of policy options and legislative reforms
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Cadaster:
- Zoning and subdivision of land for resettlement. Simple community-based systems of surveying and registration
- Endeavor to de-racialize land by making ownership in any area proportional to population at large
Fiscal:
- Land tax on commercial farmland to raise funding for land reform, discourage underutilization, and encourage sales of unproductive land
- Tax rate reduced for emerging farmers. Fees will be paid by newly settled farmers and community dwellers
Constraints/Special Priorities:
- Removing legal loopholes that encourage transfer of land to closed corporation that exempt commercial farmland from the Act
- High costs of acquiring land and lengthy negotiating procedures
- Difficulties in valuing “unimproved land” and improvements on the land in price negotiations
- Communal lands overcrowded, lack roads, reliable water supplies, sanitation and communications
- Uncontrolled urbanization and need for tenure security to invest in housing
- Need to create capacity in land use management, particularly w.r.t implementing the land tax
- Creation of 13 Regional Land Boards to allocate land, settle disputes, and implement policy
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| Source: Quadros |
Source: Selebalo |
Source: Katali |
Problems of weak government capacity were exacerbated by the scale of dualism in southern African economies that resulted in land administration systems designed for minority interests. Governments in the region appear to know all to well the enormous challenge involved in decentralizing land policy, but options appear all too weak against the scale of problems being addressed. Government and civil society organizations did find common ground around the issue of what the IMF/World Bank and donors can do to help with this problem. Donors simply need to help countries within the region do more with land administration, and according to Mbaya, “…when is the World Bank going to move beyond policy to implementation?” Indeed on many fronts, there is a sense that donors are long on policy advice and planning (PRSP), and short on the funds to help governments
implement.20
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Footnotes:
- After eight years of democracy, according to Cousins, there is still no comprehensive legislation on land rights in South Africa’s former bantustans despite a constitutional mandate, commitment to create tenure security, and pressing development problems caused by lack of clear land rights.
- For example, the Department of Land Affairs in KwaZulu Natal in South Africa hasn’t been able to spend its annual budget for land reform in any year since 1996, first under the Settlement/Land Acquisition Grant (SLAG) program, and later under the Land Redistribution for Agricultural Development (LRAD) program (personal communications with Mike Lyne).
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