Abstract

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.

Highlights

  • This article proposes the use of cell-phone technology as a step towards a pro-poor and scalable solution to the problem of formal land parcels being transferred informally and off the formal property register

  • The concept is premised on a multi-stage process which presumes formal registration as a starting point, followed by a cell-phone-based alert system to communicate that a transfer has taken place, to be followed up by a further process of formal registration in accordance with the legal processes of land transfer

  • 3.1 Social housing and property sales In South Africa, mass delivery of land for housing has been undertaken since the demise of apartheid in 1994.2 These housing projects are linked to freehold land ownership for which there is a moratorium on transfer for a number of years after the date of the original grant

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Summary

Introduction

This article proposes the use of cell-phone technology as a step towards a pro-poor and scalable solution to the problem of formal land parcels being transferred informally and off the formal property register. This is an increasing problem in South Africa, especially with properties previously granted through social housing programmes since the demise of apartheid in 1994 (RDP houses). This article reflects a preliminary investigation into the problem of informal transfers, the possibility of using technology to address the problem, and institutional and professional challenges. Public participation and e-democracy can be greatly enhanced by using the technology already in the hands of individuals, especially the poor

Method
Social housing and property sales
Formal and legal transfer processes
Extra legal and informal transfer processes
Aspects of formality in off-register transfers
Lack of use of formal transfer mechanisms
Off-register transfers of registered properties
Loss of value
Policy and practice
Principles of good governance in land administration
Clarity and simplicity
Timeliness
Accessibility
4.1.15 Legality
Theoretical framework for e-governance
E-cadastre projects in South Africa
E-cadastre projects internationally
E-governance and pro-poor approaches in South Africa
10.1 Access to cell-phone technology by the poor
10.2 How the SA poor use cell-phones
10.3.3 Mobile mindsets
10.3.5 Data overload
11 Proposal for cell-phone alerts for off-register property transactions
11.1 First stage
11.2 Second stage
11.3 Third stage
11.4 Fourth stage
11.8 Software
13 Legislative and organisational aspects
Findings
14 Conclusions
Full Text
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