South African Experience of Land Reform - SG Office John Obree: Surveyor-General Cape Town

Surveyor General: Cape Town Staff Land parcels Areas of Jurisdiction Western Cape Province Eastern Cape Province Areas of Jurisdiction Western Cape Province Eastern Cape Province

The Present Formal Land Title System Cadastral SurveyRegistration Private Land Surveyors Surveyor-GeneralConveyancersDeeds Office 1. Survey field work 2. Obtain consents 3. Deal with clients 1. Approve 2. Maintain 3. Archive Unique Identification of Rights Title

Circular Farms (1824)

Land Reform in SA since Restitution - Act 22/1994 -Land Claims Land Redistribution - Focus on sustainability: LRAD Tenure Reform - Communal Land Rights Bill

CLRB Preamble: i.t.o. Sect 25 of the Constitution –To provide for: legal environment and secure tenure protection of tenure rights transfer of communal land / registration of deeds / alienation of rights legalize customary communal land tenure systems administration structures Land Rights Boards settlement of disputes Land Claims Court lease and expropriation of communal land

Tenure Reform: CLRB Fears: –Not acceptable to traditional leaders allocation and administration of land Questions: –survey and upgrading of rights initial survey of admin areas identification of PTO sites adjudication of boundaries effective administration systems priority?

Tenure Reform: PTO - Permission to Occupy (est. 1 million unsurveyed Titles) Land Administration System of the former homelands: Transkei & Ciskei: Eastern Cape Transkei 29 Admin Districts each comprising approx. 40 Admin Areas Ciskei 9 Admin Districts each comprising approx. 40 Admin Areas

BRIEF HISTORY Registration system for 74 yrs.( ) system suspended - records insecure Used by communities on unregistered state land for: –Residential lots –Arable lots –Other uses: grazing burial grounds sport/recreation other purpose

Hernando de Soto The mystery of Capital. London: Transworld Publishers. 243p. ISBN A2 Quantify the actual and potential value of extralegal assets (dead capital) C Obtain/prepare maps showing the boundaries of individual parcels C3 Re-engineer the record keeping and registration processes

Where to from here?- PTO System dysfunctional. How do we recognise or bring the majority of existing PTOs into the system? S urveyed and unsurveyed: Surveyed Districts quitrents Proclamations 174/ 1921 &170/1922 Unsurveyed Districts Proclamation 26/1936

LESOTHO FREE STATE KWAZULU NATAL EASTERN CAPE FREEHOLD FARMS SURVEYED GARDEN & BUILDING LOTS (Pre 1936)

FREEHOLD FARMS SURVEYED GARDEN & BUILDING LOTS.

Action by SGO: CT Mandate from DLA 2002 Strategic Plan –Investigate and capture all PTO land parcels over next 5 years Action? –planning workshops –information:investigations & searches –field trips to collect /copy information

PTO plan

Spatial before informal added

Informal digitize

Informal digitized

Thank You from SG Cape Town - at your service