Positive, creative planning is now more necessary than ever. Positive planning or formalisation, for individual
or communal title, is necessary for a number of reasons.
- Formalisation will protect the rights of people. Once people
gain access to land they obtain certain rights and obligations.
It is necessary to manage change (settlements) in such a way that
those rights and obligations are respected.
- Individuals within communities are demanding stronger individual
rights both in order to be able to access state housing subsidies
and loans and because, in some areas, they complain of human rights
abuse by land allocators.
- Formalisation will protect natural systems. Natural systems
have their own operational requirements which must be respected
if long-term sustainable human development is to be achieved and
if large-scale environmental degradation is to be avoided or at
- Formalisation opens the doors for all spheres of government
to achieve a higher quality of service delivery.
- The provision of tenure security and tenure reform to the occupants
of nominally state-owned land are crucial.
Consider the following:
The 1997 White Paper on Land Reform sets out the principles
of tenure reform as:
Tenure reform must move towards rights and away
from permits. This entails a commitment to the transformation
of all ..... 'subservient forms of land rights into legally
enforceable rights to land (DLA 1997 a:60)
It also states that:
Tenure reform processes must recognise and accommodate
the de facto vested rights which exist on the ground ... (including)....
interests which have come to exist without formal legal recognition
(DLA 1997 a:61)
The Constitution states:
25(6) A person or community whose tenure of land
is legally insecure as the result of past racially discriminatory
laws or practices is entitled to the extent provided by an Act
of Parliament, either to tenure which is legally secure or to
- Owning land improves the way in which land and housing can
be used as an economic asset to, for example, secure loans as
well as to give access to subsidies and will improve marketability.
- Informal settlements are often unstable, some reasons being:
- informal systems provide access to land and regulate its
- criminal elements dependent on the invisibility and untraceability
are provided by the informal settlement with vested interests
in the status quo;
- weak governance regulating entry; and
- coercive shacklordism and control over social existence
and informal property.
Formalisation ensures good governance and administration and
will therefore be beneficial to stabilise these unstable Informal
- Women are often vulnerable in informal settlements, especially
single women with young children, and may often only obtain residence
under 'clientship arrangements' - which is highly prejudicial.
The rights enquiry in the formalisation process caters for the
rights of woman.
- The worst environmental and health conditions and natural resource
degradation occurs around informal settlements, where people have
few assets and minimal control over their surroundings. Tenure
reform allows people more control over their lives and their environment,
and brings settlements within the control of Local Authorities.
- The constitutional objectives of Local Authorities puts an
obligation on them to provide for the occupants of nominally state-owned
land. The constitution in terms of Section 152 commits local government
to take reasonable measures, within its financial and administrative
capacity to achieve the following objectives:
- to ensure the provision of services to communities in a
sustainable manner, it is hardly possible to install services
sensibly without formalisation;
- to promote a safe and healthy environment (social environment,
physical environment and economic environment);
- to manage informal settlements' administration, budgeting
and planning processes in order to promote social and economic
development (Section 153 of the Constitution);
- to provide democratic and accountable government for local
- to encourage the involvement of communities and community
organisations in the matters of local government.
- Formalisation will increase the effective collection of service
charge revenue, property taxation and land administration. Tenure
reform will create a framework in which the Local Authority can
develop strategies for meeting local needs and promoting the social
and economic development of communities.
- Land parcels in informal settlements are not included in the
current cadastre at the Surveyor General and Deeds Office. Local
Authorities are therefore confronted by a situation where it has
insufficient information to manage land in informal settlements.
In such circumstances efficient and effective land management
is hardly possible. Formalisation conveys accurate, current and
accessible land record data which is essential for a Local Authority
to effectively carry out its management of land administration
and planning processes.
Company Profile |
Community Empowerment |
Professional Expertise in Empowerment through Urban Development |
Core Competencies |
Community Development Project Principals |
Contact Details |
Township Establishment |
Internet Marketing |