Land allocation, boundary demarcation and tenure security in tribal areas of South Africa

Simon Hull,Tshepiso Sehume,Lusanda Sothafile,Jennifer Whittal,Sibonakaliso Sibiya

doi:10.4314/sajg.v5i1.5

Abstract

This study investigates land allocation processes, boundary demarcation, and associated land tenure security in tribal areas of South Africa. The research design is that of a descriptive multiple-case study to interrogate indigenous knowledge in this area. Four themes related to customary land allocation processes in South Africa have emerged from the data: Applicant, Authority, Acceptance and Allocation. These themes are used as the basis for comparison across the cases. The case studies are also used to test a published conceptual model of land tenure security. The results suggest that tenure in the study areas is secure overall. The study concludes that the processes of land administration and the systems used to demarcate boundaries are (mostly) suitable to protect land rights and thus provide security of land tenure. Also the tested conceptual model of land tenure security can be used to indicate the state of tenure security for a particular case, though improvements are suggested.

Highlights

In South Africa, land in urban areas and most commercial farms are formally surveyed, well defined and recorded in a formal cadastre (Riba, 2010) that has been described as being equal to the best in the world (Zevenbergen, 2002)
Whitehead & Tsikata (2003) assert that social systems of land allocation differ with respect to gender, our findings suggest that both men and women may be allocated land in the study areas
Respondents recognise the social institutions to be reliable, and these institutions recognise the land rights of villagers; the villagers put their faith in the institutions

Summary

Introduction

In South Africa, land in urban areas and most commercial farms are formally surveyed, well defined and recorded in a formal cadastre (Riba, 2010) that has been described as being equal to the best in the world (Zevenbergen, 2002). Many people in peri-urban and rural areas occupy and use land under a system of rights that is conveyed through oral tradition and not documented under the formal cadastre. This means they are not formally recognized as legal holders of rights to this land (Ziqubu, Cousins & Hornby, 2001; Cousins & Hornby, 2006). Indigenous knowledge systems are used to allocate land rights and define property boundaries. These parcel boundaries are rarely officially recorded. The relevant communities depend on memory and reference to natural and artificial features to define plots of land, which could result in uncertainty regarding the location of boundaries (Ibid.)

Objectives

Results

Conclusion