Security of Tenure: The Customary/Common Law Interplay Can customary land rights really compete on the same level as those of the common law? _____________________________.

Slides:

Advertisements

Similar presentations

Communal tenure reform: potential and pitfalls Ben Cousins Institute for Poverty, Land and Agrarian Studies World Bank conference on Land Governance in.

Advertisements

Rebecca Browning University of Cape Town

Rural Benin: From adaptation back to replacement? Philippe Lavigne Delville Anthropologist.

‘Land Rights are Human Rights’: The case for a Specific Right to Land? Jeremie Gilbert, University of East London.

South African land reform in 2014: what is at stake? Ben Cousins DST/NRF Chair in Poverty, Land and Agrarian Studies.

Association For Rural Advancement Securing tenure at Ekuthuleni.

Legal Options to Secure Community-Based Property Rights. Fernanda Almeida.

International Conference on Forest Tenure, Governance and Enterprise New Opportunities for Central & West Africa May 25 – 29, 2009 Hôtel Mont Fébé, Yaoundé,

Wrap up Decision makers meeting on good administration of land Windhoek Namibia, 7+8 December 2006.

LIBERIA CASE STUDY Mark Marquardt Best Practices for Land Tenure and Natural Resource Governance in Africa October 2012.

Competing Property Rights and Tenure Insecurity Annual World Bank Conference on Land and Poverty Session 14-07: Can land tenure interventions support urban.

1 THE POLITICS OF REFORM IN INSTITUTIONS OF LAND ADMINISTRATION IN GHANA:  Land Politics,  Institutions &  Institutional Change Daniel Appiah, MPhil/PhD.

Land Law in a Comparative Perspective: African and Asian Contexts Dr. Fabian Thiel (CIM) Faculty Advisor, Faculty of Land Management and Land Administration,

Responding to the GLTN Agenda through building the STDM Model Prof. Stig Enemark President Aalborg University, Denmark STDM WORKSHOP FIG/WB CONFERENCE.

Land Administration for Sustainable&Healthy Economic Development Kees de Zeeuw Director Kadaster International The Netherlands.

ANNUAL WORLD BANK CONFERENCE ON LAND AND POVERTY, WASHINGTON DC, MARCH 2014 LAND TENURE AND GENDER: APPROACHES AND CHALLENGES FOR STRENGTHENING RURAL WOMEN’S.

1 Land Administration and International Land Markets Address to “Spatial Information Management for Sustainable Real Estate Market - Best practice Guidelines.

Choice of Ownership and the Reform of Rural Credit Cooperatives of China Rongrong Weng April 4th, 2006 Agriculture, Food and Resource Policy AGEC 630B.

THE SIGNIFICANCE OF TITLE REGISTRATION A Global Perspective Alec McEwen.

Presented to Standing Committee on Finance, Parliament of the Republic of South Africa 27 August 2014 by Langelihle Simela & Manish Nicha Executive DirectorAccountant.

ALTERNATIVE LIVELIHOODS IN AFGANISTAN What role can rural credit play?

Grenville Barnes: University of Florida Maria DiGiano: Earth Innovation Institute Clarissa Augustinus: UN-Habitat INTEGRATING COMMUNAL AND INDIVIDUAL PROPERTY.

LAND OUTSOURCING AND AGRO- INVESTMENT IN AFRICA REBUILDING CAPACITY FOR POLICY ANALYSIS AND ‘PRO-POOR’ POLICY MAKING IN AFRICA Prosper B. Matondi and Mandivamba.

DECLARATION DEPARTMENTS OF AGRICULTURE AND LAND AFFAIRS.

Property Rights: Reforms and Challenges in Pakistan Ali Salman Economic Freedom Network Asia Manila September 2008.

Land Markets and Alternative Production Models Presenter: Mike Roth Best Practices for Land Tenure and Natural Resource Governance in Africa Monrovia,

Participation of Actors in Land Consolidation Activities in Bulgaria Violeta Dirimanova Bulgaria IDARI.

1 Modern Trends in Land Administration: Russian Federation Alexey L. Overchuk, Ph.D. Deputy Chief Federal Land Cadastre Service of Russian.

LAND TENURE SUSTAINABILITY: THE CASE OF FAMILY LAND IN TOBAGO

Chapter 1 Principals of Government

Presented by DR NOZIZWE MAKGALEMELE Deputy Director General: Land Planning & Information DEPARTMENT OF LAND AFFAIRS THE LAND REGISTRATION SYSTEM OF SOUTH.

Why Measure Asset Ownership and Control at Individual Level – Importance for Policy Making in Ghana Ghana Statistical Service 30 th July, 2013 Bangkok,

UNECE Seminar - Policies for achieving the Millenium Declaration Development Goals in the ECE region: reducing extreme income inequalities Palais des Nations.

Water Resource Protection in South Africa

Measuring the cost-effectiveness of land administration by Tony Burns Managing Director Land Equity International.

Agricultural investments and rural development: new challenges of land policies and land governance Paul Mathieu - FAO Briefing « Access to land, land.

Forest Tenure Policy in Asia: an overview World Bank Conference- Land and Poverty 2015 Ganga Ram Dahal, PhD International Consultant- Forest Tenure Policy.

Putting land tenure in context of the 'legal empowerment agenda‘ Dr. Naresh Singh Executive Director Workshop on Land Policies and Legal Empowerment of.

Land Governance and Security of Tenure in Developing Countries White paper of the French Development cooperation LAND POLICIES AND MDGS IN RESPONSE TO.

A ROADMAP FOR THE IMPLEMANTATION OF SOUTH SUDAN LAND POLICY: A STEP TOWARDS THE LAND REFORM? “2014 WORLD BANK CONFERENCE ON LAND AND POVERTY ” Washington.

LAND POLICY AND LAND ADMINISTRATION Mark Marquardt Best Practices for Land Tenure and Natural Resource Governance in Africa October 2012.

DECISION MAKERS MEETING GOOD ADMINISTRATION OF LAND

THE SUSTAINABILITY AND ECONOMIC IMPACT OF AGRICULTURAL COOPERATIVES IN SOUTH AFRICA BRIEFING TO THE SELECT COMMITTEE ON LAND AND MINERAL RESOURCES BY DAFF.

Regional Challenges in Moving Forward with & Beyond the PRR Agenda – The Africa Region Frank Byamugisha, Operations Advisor, AFTAR Land Administration.

Informality Effects in the Economy of Albania in light of World’s Economic Crisis Working Group: BRUNILDA MUCA GALANTINA DORACI Advancing Socio-Economic.

IMPROVING TENURE SECURITY FOR THE RURAL POOR IN SUB- SAHARAN AFRICA Regional Technical Workshop Nakuru, Kenya, October 2006.

SESSION IV Legal Framework of Land Management. Unlocking the Potential of the Land Register for the Good of Society Strategy towards improving the data.

Beyond the 'problem' narrative: Towards an agenda for improved policy and practice in land reform Ruth Hall Institute for Poverty, Land and Agrarian Studies.

Sector Project „Regional Networks of Competence on Land Policy and Land Tenure“ 1 Contribution of land tenure reform to poverty reduction Panel Discussion.

Land Administration Åse Christensen Polytechnic of Namibia, Namibia Land Administration Course Land Administration, Bachelor Semester 5, February 2015.

Could Mapping initiatives catalyse the interpretation of customary land rights in ways that secure women’s land rights? Gaynor Paradza Lebogang Mokwena.

Securing women’s land rights in customary settings: Lessons from Africa Harold Liversage, Land Tenure Adviser, IFAD World Bank Land.

Kenya Land Redistribution Experience: The million acre settlement scheme Karuti Kanyinga Institute for Development Studies University of Nairobi.

Improving Land Sector Governance in Latin America: The case of Peru Victor Endo February 2009.

By Rosine Biraheka. Town of Bukavu Agenda Brief overview Land distribution Access to land Types of tenure Situation in urban and rural areas Way.

Land and Poverty Conference 2016 Scaling up Responsible Land Governance March, 2016 | Washington, DC Chikosa M SILUNGWE, PhD: Mizumali Foundation.

LAND TENURE OR A LAND TITLE! WHAT MATTERS IN ACCESS TO CREDIT? Policy Brief 15, June, 2016 Silver Spring Hotel 1.

Land Administration Åse Christensen Namibia University of Science and Technology Bachelor of Land Administration Bachelor of Property Studies Honours Semester.

Annual World Bank Conference on Land and Poverty Session March 17 th 2016 Perspectives in New Approaches to Securing Land Tenure in Africa Why should.

Breaking the Mould: Lessons in Implementing Community Land Rights

Monique Bertrand, IRD (France)

Contents Introduction and Timeline Session: Incremental Tenure: Operationalising Tenure Approaches Mark Napier 16th August 2017 PARTNERSHIP FOR ACTION.

IMPLEMENTATION OF LAND POLICY INITIATIVE DECLARATION IN THE CONTEXT OF KENYA’S EXPERIENCE IN THE FORMULATION AND IMPLEMENTATION OF NATIONAL LAND POLICY.

Registration and release of customary-land for private enterprise: Lessons from Papua New Guinea Satish Chand, University of New South Wales, AUSTRALIA.

Transparency International Kenya

C/C Compare and contrast the political and economic characteristics of West and East African states from

Property Rights to Strengthen the Assets of the Poor

Alleviating Poverty: Land Conflict in Guatemala

Sustainable Land Administration Systems

Presentation transcript:

Security of Tenure: The Customary/Common Law Interplay Can customary land rights really compete on the same level as those of the common law? _____________________________ Samantha Woods

OUTLINE: The Mystery of Capital The South African Context Formal Registration Rural Land Tenure –Legislation –Custom Pienaar Cousins

OUTLINE CONTINUED Case law International trends Conclusion

THE MYSTERY OF CAPITAL – HERNANDO DE SOTO Economic development The ‘West’ v the ‘East’ Wealth creation Securing a loan to generate capital Requires: COLLATERAL!!! Solution: Registered right in immovable property!!!

THE SOUTH AFRICAN CONTEXT Registerable rights: Real right of ownership Limited real right = Security of Tenure = Collateral

THE SOUTH AFRICAN CONTEXT CONTINUED Rural Land Tenure Custom Fragmented… … but equal Not registered… … but alternatively enforced = NO Registration = NO Security of Tenure = NO Collateral!!!

THE SOUTH AFRICAN CONTEXT CONTINUED Legislation S 25(6) of The Constitution of the RSA The Communal Property Associations Act 28 of 1996 The Extension of security of Tenure Act 62 of 1997 = NO Registration = NO Security of Tenure = NO Collateral!!!

THE SOUTH AFRICAN CONTEXT CONTINUED Gerrit Pienaar The Registration of Fragmented Use-Rights as a Developmental Tool in Rural Areas Custom/Statute + Registration = Registration = Security of Tenure = Collateral!!!

THE SOUTH AFRICAN CONTEXT CONTINUED Ventura/Mohamed Model:

THE SOUTH AFRICAN CONTEXT CONTINUED Ben Cousins “Embeddedness” versus Titling: African Land Tenure Systems… Characteristics prevent registration Land tenure = embedded in social and political relationships = different entitlements and obligations = NEVER Registration - Security of Tenure????

STILL TO FOLLOW: Case Law International Trends Conclusion = The End - Thank you

BIBLIOGRAPHY Literature Another Countryside? Policy Options for Land and Agrarian Reform in South Africa. Edited by Ruth Hall. PLAAS-UWC, 2009 Cousins et al. Will formalising property rights reduce poverty in South Africa’s sesond economy? Plaas Policy no Cousins, B. “Embeddedness” versus Titling De Soto, H. The Mystery of Capital. Basic Book, 2000 Pienaar, G. Registration of informal land-use rights in South Africa TSAR Pienaar, G. The Land Titling Debate in South Africa TSAR Pienaar, G. Aspects of Land Administration in the Context of Good Governance. PER/PEJL 2009(12)2 Legislation The Constitution of the Republic of South Africa s25(6) The Communal Property Associations Act 28 of 1996 The Extension of security of Tenure Act 62 of 1997