本科毕业论文外文文献及译文文献、资料题目: Rural and Urba n Land Developme ntand Land Tenure Systems: A Comparis onbetwee n South Africa and Botswa na文、资料来源: 网络献、文献、资料发表（出版）日期：2000.8院（部）: 管理工程学院专业：土地资源管理班级：姓名：学号:指导教师：翻译日期：外文文献：RURAL AND URBAN LAND DEVELOPMENT AND LANDTENURE SYSTEMS: A COMPARISON BETWEEN SOUTH AFRICAAND BOTSWANASusa n Bouillo nLegal Advisor: City Coun cil of PretoriaINTRODUCTIONFran kli n D. Roosevelt once said that Every pers on who inv ests in land n ear a grow ing city, adopts the suresta nd safest method of beco ming in depe ndent, for land is the basis of wealth. The purpose of this paperis to discuss the rural and urba n land developme nt and land tenure systems of South Africa and Botswa na, and to explai n their con tributi ons to urba n sustai nability.DEVELOPMENT PLANNING IN BOTSWANABotswa na is located at the centre of the South Africa n plateau, and is bordered by South Africa on the south and southeast, Zimbabwe on the northeast and Namibia on the west and northwest. Approximately 23% of the population is in urban areas and 77% in rural areas. Botswana has a rich tribal culture, and therefore it is not surprising that the Botswana legal system con sists of local tribal courts, which adjudicate traditi onal matters and Tribal Land Boards, which rule on land use matters in tribal la nds and traditi onal villages. Town Coun cils rule on land use matters in urba n areas.The government of Botswana has adopted a system of development planning which has coped relatively well compared with other Africa n coun tries. Developme nt pla nning invo Ives the preparati on of land use pla ns for both urba n and rural areas. The practice in Botswa na is that the public is made aware of the implicati ons of land use pla ns before land is zoned for various uses. Public aware nessa nd participati on is en sured by giving land users an opport unity to select preferred land use opti ons from a range of opti ons determ ined through the evaluati on of physical and econo mic suitability of land resources (bottom-up approach).PROPERTY RIGHTS AND LAND TENURE IN BOTSWANAIt is the policy of the Gover nment that all citize ns should have easy and equal access to land. In order to realize this, three land tenure systems have bee n put in place. Tribal la nd covers 71% of the total la nd area of the coun try. It is allocated to citize ns free of charge for all types of uses. State land is owned bythe state and comprises 23% of the total area. Most of this land is used as National Parks, or Forest and Game Reserves within which no settlements are permitted. However, a small percentageof this land is allocated for residential purposes, particularly in urba n cen ters. Freehold land comprises only 6% of the total area and is privately own ed. Most of the gover nment policies to date are therefore directed at tribal la nd.RURAL LANDPrior to independence, Botswana had established traditional ways of allocating and man agi ng tribal la nd and its resources through chiefs and com mun ities. Soon after in depe nden ce, the authority to allocate tribal la nd was shifted from the chiefs to the Tribal Land Boards which were established by the Tribal Land Act, but the man ageme nt of the resources rema ins the responsibility of the users and their communities. According to this act, almost 71% of the available land is adm ini stered as tribal la nd accord ing to an in tegrated system of customary land tenure. Although the ten urial rules for tribal la nd have bee n cha nged con siderably by this act, it is con sidered a very inno vative way to comb ine in dividual la nd tenure security with tribal la nd-use.The Land Boards were established for a specified tribal territory, and took over the administrative functions from chiefs and other tribal authorities. Title of the land vested in the Land Boards. The Land Boards were in itially en titled to make customary and com mon law gran ts, for residential, grazing or cultivation purposes, to members of the different tribes living in the specified territories only, but since 1993 any citizen of Botswana is entitled to apply for these rights. Land Boards maintain their own record or registrati on system and rights are not registered in the cen tral deeds registrati on system of Botswa na, appare ntly to keep them more affordable. The Land Boards are en titled to issue certificates of customary grants or certificates of occupati on. Provisi on has bee n made for the conv ersi on of these certificates into titles registrable in the deeds registry once dema nd arises to deal with these certificates in the commercial le nding market. Any cha nge in right-holder must be reported to the land board in order to mai ntai n the accuracy of the record system of the land board. Shelter provision in rural areas has been on individuals in itiatives. The most importa nt prerequisite for hous ing developme nt, which is access to land, has not really bee n a disturb ing issue due to the fact that all male and female citize ns are allocated tribal la nd for free, but in an effort to facilitate shelter provisi on in rural areas, the gover nment intends to in troduce a rural hous ing programme.Land use pla nning is not a new phe nomenon in Botswa na. Past experie ncesa nd records in dicate that the traditi onal chiefs who had authority on land have always done some form of land use pla nning. Formal la nd usepla nning in Botswa na started with the impleme ntati on of the Tribal Grazi ng Land Policy in 1975, whe n some areas were zoned for wildlife use, others became reserved areas, while other areas continued to be for communal use. This policy enabled in dividuals or groups to have exclusive use of land in areas zoned for such use. These rights are perma nent, exclusi onary and in heritable. They may on ly be revoked by the land board in circumsta nces where the right-holder fails to utilize the land on terms specified by the land board, or fails to develop the land accord ing to the specified purposes with in five years or where the land was not distributed fairly .In these in sta nces, the land does not revert to the gover nment but is reallocated by the land board to other applica nts. This policy was therefore a major programme through which rural developme nt was to be achieved.The districts up to now continue to prepare and update their respective in tegrated land use pla ns. In the preparatio n of such pla ns the com mun ities have major in puts with regard to the various land uses. This is in realizati on of the fact that to have an impleme ntable and susta in able land use pla n, the com mun ities should be the ones who decide the uses on a particular type of Ian d. It should be no ted, however, that not all districts have such pla ns.URBAN LANDAn urba n centre in Botswa na is defi ned as All settleme nts on state land and settleme nts on tribal land with a population of 5000 or more persons with at least 75% of the labor force in non-agricultural occupati ons. Gen erally, an urba n centre should be see n to provide its populati on with in fra-structural and en vir onmen tal services similar to that which exists in a moder n city. Rural-urba n migrati on has played an importa ntrole in the growth of urba n areas. Several urba n developme nt policies have bee n evolved over the years to guide the growth and developme nt of the urban areas. Due to the fact that a large part of the people of Botswana are living in rural areas, most of the developme nt is aimed at the rural areas, but a few programmes were in troduced in order to better the circumstances of those living in urban areas. The Self Help Housing Programme was in troduced to assist the low in come urba n households to develop their own houses. Un der this scheme, the Gover nment provides basic services such as roadswater sta nd pipes, and a pit-latri ne to each plot. Plot holders were give n ten urial security through a Certificate of Rights. This programme has also been used in upgrading the squatter settlements which existed prior to its in ceptio n.Shortage of serviced land has been identified as one of the major constraints to urban housing development. Therefore a major land servicing programme, the Accelerated Land Servici ng Programme, was in troduced. The objective of the programme was to service land for all uses, such as reside ntial, commercial and in dustrial, in all urba n areas. A Hous ing Departme nt has bee n established, which is charged with the resp on sibility of promoti ng hous ing developme nt and improvement through policy initiatives that create an enabling environment for shelter provisi on.The Town and Country Planning Act, which is the main legislation guiding physical pla nning in Botswa na, makes provisi ons for an orderly and progressive developme nt and con trol of land in both urba n and rural areas. The Urba n Developme nt Stan dards and the Developme nt Con trol Code also facilitate the orderly pla nning of settleme nts. Sustai nable urba n developme nt depends on the availability of clean water supply and provision of infrastructure for sanitation and waste management. An integrated approach in the provision of environmentally sound in frastructures in huma n settleme nts is see n as an in vestme nt that fosters susta in able developme nt and that can improve the quality of life, in crease productivity, improve health, and reduce poverty.Although the con cept of susta in able developme nt gained prominence on the intern ati onal sce ne only a few years back, it has been one of the objectives of development planning in Botswana since independence in 1966. The term has appeared as an objective in all the subsequent development plans, but its meaning has been expanded to reflect the changing development realities over the years.LAND DEVELOPMENT IN SOUTH AFRICAThe shape and form of the cities in South Africa are the result of conscious apartheid pla nning in the past. Whe n South Africa?s first democratically elected gover nment came in to power in 1994, it in herited the fragme nted, un equal and in cohere nt pla nning systems which developed under apartheid. During apartheid, land development planning in the then four provinces, ten homelands and the ,group area?racial zones, fell under many different laws, ordinan ces, procedures and regulati ons. There was a lack of coord in ati on, an un equal distributi on of resources and a lot of ,red tape? which slowed dow n developme nt projects.A Nati onal Developme nt and Pla nning Commissio n were appo in ted to advise the Min ister of Land Affairs and the Mini ster of Hous ing on pla nning and developme nt. Among other thin gs, the Commissio n was requested to prepare a Gree n Paper on pla nning which would review and recomme nd cha nges to the apartheid legislatio n and process of land developme nt in South Africa. The Commissi on decided to focus on the spatial pla nning system for urba n and rural developme nt. A land development policy, the Reconstruction and Development Programme (RDP), a comprehensive and sectorally-based socio-economic policy framework that established the developmental foundations for the removal of apartheid and the building of a democratic, non-racial and non-sexist future, wasadopted. This policy is based upon in tegrated developme nt pla nning, a process which aims to maximize the impact of scarce resources and limited capacity. The prime purpose of this policy was to establish procedures to facilitate the release of appropriate public land for affordable housing, public services and productive as well as recreatio nal purposes .In settleme nts which have bee n established in remote locati ons, without formal pla nnin g, la nd developme nt invo Ives upgrad ing services and in frastructur^n situ.Pla nning in South Africa in the past and at prese nt is done accord ing to the Town Pla nning Ordinancesof the various provinces. Although mechanisms for forward planning have long existed, the tow n pla nning scheme, which was established in terms of the Ordi nan ces, is at the heart of the tow n pla nning system. While this system was strictly en forced in most white, I ndia n and colored areas, on ly simplified vers ions were later in troduced to urba n tow nships, further complicat ing the land admi nistrati on system. As a result hereof South Africa n settleme nts in both urba n and rural areas were gen erally in efficie nt, fragme nted and inconvenien t. I n large part, this is the result of the in terplay betwee n historical spatial pla nning policies and practices and the impleme ntatio n of the ideology of apartheid. Despite this, there are few sig ns that sig nifica nt and wide reach ing improveme nts have bee n set in place since 1994. ThC on stituti on of South Africa has a bearing on the planning system in those new constitutional requirements such as cooperative governance, procedural and participatory rights to ensure accountability for decision-making, the promotion of social and economic rights and the protection of the environment create imperatives that profoundly affect planning. In the planning sphere, legislatio n has shifted, with the pass ing of the Developme nt Facilitati on Act, which was the first n ati onal pla nning legislatio n promulgated after the first democratic electio ns in 1994, from being con trol-orie ntated towards being no rmatively-based. It was passed to beg in the process of tran sformi ng pla nning to meet the n eeds of the new democracy.The Development Facilitation Act introduces the concept of land development objectives. These are plans approved by political decision-makers that set their objectives and targets for developme nt of an area. Thela nd developme nt objectives? inten ti ons are to create a ear spatial framework for the area and to create a proactive rather tha n a reactive pla nning system .In terms of the Local Gover nment Tran siti on Second Ame ndme nt Acrtnun icipal authorities are required to create integrated development plans. An integrated development plan is a plan aimed at the in tegrated developme nt and man ageme nt of the area of jurisdicti on of the muni cipality concern ed, and which has been compiled having regard to the general principles contained in the Developme nt Facilitatio n Act. A com mon inten ti on of both in tegrated developme nt pla ns and land development objectives is to tie public age ncy pla ns to budgets. I n draw ing up both land developme nt objectives andin tegrated developme nt pla ns, local authorities are required to try to achieve the intentions of the Development Facilitation Act principles. A land development applicatio n may not be approved if such applicati on is incon siste nt with any land developme nt objective or integrated development plan, although land owners and developers may make proposals to cha nge land use if they can motivate that the cha nge would be con siste nt with both in tegrated developme nt pla ns and land developme nt objectives and thDevelopme nt Facilitati on Act prin ciples. The onus of resp on sibility to dem on strate this is on the developer.PROPERTY RIGHTS AND LAND TENURE IN SOUTH AFRICALand tenure in post-apartheid South Africa is a conten tious issue and has long bee n a source of conflict. As is the case in many tran siti onal political situati ons, there are also differe nces of opinion regarding the role and definition of ownership and other rights in property. The Con stituti on of South Africa provides in secti on 25(1) for the ack no wledgeme nt of differe nt rights in property. It is clear that not only own ership, but also other rights in immovable property are recog ni zed and protected. In terms of secti on25(6) the state has the obligati on to secure by means of legislati on, other forms of land tenure which are in secure as a result of the apartheid legislati on and policies.In order to rectify the in justices of the past, the Departme nt of Land Affairs started with a programmeof land reform by means of restitution, redistribution and tenure reform. This programme resulted in the follow ing acts being promulgated: the Restituti on of Land Rights Act (regard ing the restituti on of land to pers ons dispossessed of land after 1913 as a result of racially discriminatory legislation), the Development Facilitation Act (regarding quicker and cheaper planning and development methods), the Land Reform (Labor Tenants) Act (regarding the security of housing, grazing and cultivating rights of labor tenants), the Communal Property Associations Act (regarding the creation of associations to own, control and deal with com mun al/com mon property), the In terim Protectio n of In formal Land Rights Act (regard ing the interim protection of the rights of people in rural areas), the Extension of Security of Tenure Act (regard ing the protecti on of laborers other tha n labor tenants in rural areas) and thPreve nti on of Illegal Evictio n from and Un lawful Occupati on of Land Act (regard ing the measures to protect vuln erable occupiers and evict squatters).The vision and strategy for South Africa's land policy, a policy that is just, builds recon ciliatio n and stability and con tributes to econo mic growth, is set out in the White Paper on South African Land Policy. The government's land reform programme is made up of land restituti on( which invo Ives returni ng land lost since1913 because of racially discrimi natory laws, or compe nsat ing victims for loss of land due to raciallydiscrimi natory laws), la nd redistributio n (makes it possible for poor and disadvantaged people to buy land with the help of a Settleme nt/La nd Acquisiti on Grant) and land tenure reform (it aims to bring all people occupy ing land un der a un itary, legally validated system of Ian dholdi ng.) This programme will devise secure forms of land tenure, help resolve tenure disputes and provide alter natives for people who are displaced in the process. In the long run, as part of the land tenure reform programme, gover nment is committed to the tran sfer of the land, which is in the nominal own ership of the state, to its real own ers. The White Paper emphasizesthe importa nee of local participatio n in decision-making, gender equity, economic viability, and environmental sustainability in the implementation of the land reform programmes. This White Paper is not only focusing on the urba n areas but also on the rural areas.The deeds registrati on system in South Africa differs from the Botswa na system. It has only one deeds registration system, and this system does not provide for the registration of all the differe nt la nd tenure rights that are statutorily recog ni zed. A large part of the populati on, no tably people in in formal settleme nts and in rural areas where a system of com munal property still prevails, is excluded from the deeds registrati on system .In the White Paper on South Africa n Land Policy a part of the land policy has been set aside for development of the registration system to make the registrati on of in formal la nd rights in urba n and rural areas possible.Whilst exist ing gover nment policy provides a great range of in puts for pla nning and developme nt, the White Paper on Local Gover nment is critical as it places muni cipalities at the centre of pla nning for better huma n settleme nts. The new mun icipal pla nning system is foun ded on the concept of “ developmenta l ocal government ” It emphasizes integrated development planning as a tool for realizing the vision of developmental local government. The Urban Development Framework published by the Department of Housing, examines the current dilemmas and realities facing South Africa?s urban areas, whilst the Rural Development Framework describes how gover nment aims to achieve a rapid and susta in able reduct ion in absolute rural poverty.CONCLUSIONPhysical planners use the term land development to describe the process of identifying, acquiring and releasing land and resources for development. The aim of development is to attempt to overcome the problems in our cities. Pla nning aims to cha nge our cities from being separate and sprawli ng into in tegrated, compact cities.Since the time of ancient civilizati ons, cities have bee n the powerhouses of econo mic growth and the cen tres of tech no logical and scie ntific adva nceme nt. Cities have always acted as magn ets attracting people in search of a better life. Rapid urbanization is, however, threatening the environment, human health and the productive capacity of cities. The most pressing problems facing cities and tow ns, mainly in the develop ing world is un employme nt, crime, the health impact of in adequate services, polluti on, in adequate shelter and overcrowd ing. As is the case in other coun tries, the cities in South Africa and Botswa na are un susta in able in terms of the massive con sumpti on of resources and the requireme nt of large qua ntities of water, food, en ergy and raw materials.As seen above, most of the land in Botswana is used as tribal land, resulting in a small perce ntage of land directed for urba n usage. In con trast with Botswa na, a very large part of the land in South Africa is being used for urba n purposes. Tribal la nd does not play the same role in South Africa as it does in Botswana. Although the South African Constitution gives some recog niti on to the role of traditi on al leadership, the lack of accuracy about the n ature and scale of its invo Iveme nt rema ins a problem. This has led to sig nifica nt un certa in ty, con fusi on and eve n con test over the decisi on-mak ing powers of these authorities in developme nt processes. Leaders in traditi onal and tribal areas have had powers to allocate resources in rural and in formal com mun ities, and have also played an admi nistrati on role in respect of land use matters. The new legislatio n in South Africa, however did not make provisi on for the traditi onal and tribal leaders in development planning. The recently published Municipal Structures Act recognizes that traditi on al leaders have a role to play in muni cipal gover nance and provides for their participatio n in local gover nment affairs.The land developme nt and tenure system in Botswa na differs from the developme nt system in South Africain that South Africa?s development planning system is aimed at the rectification of the injustices of the past, while Botswa na?s system is aimed at the allocatio n of tribal la nd to the inhabitants. Nonetheless, Botswana is constrained by under developed human resources. There is a shortage of skilled and productive man power toquickly absorb and diffuse new tech no logy that comes from foreig n direct in vestme nts.Public participation only recently became part of planning law in South Africa, while the same practice was impleme nted in Botswa na decades ago. The practice in South Africa in cludes the no tificati on of all affected parties of an applicati on for land developme nt or land use cha nge by means of a letter distributed to the affected person(s), advertisements in the Government Gazette and two local n ewspapers as well as an advertiseme nt on the applicati on property. This ensures that there is adequatepublic participation in the decision-makingprocess. The South Africa n con text requires a particularly thoughtful and thorough type of public participatio n in land developme nt decisi on-mak in g. Illiteracy is widespread; many people are un familiar with the work ings of a land developme nt man ageme nt system and the admi nistrative processes in gen eral. This is particularly, although not exclusively, true in rural areas. Thus, special care has to be take n to en sure that all affected parties are fully in formed of the implicati ons of a proposed developme nt or land use cha nge, as well as in formed of their rights in the adjudicati on process.The developme nt of an area should not just meet the n eeds of today?s users, but aisietneeds of future gen erati ons. This means that resources must be used wisely so that they last, because our land is a precious resource. We build our homes on it; it feeds us; it susta ins ani mal and pla nt life and stores our water. It contains our min eral wealth and is an esse ntial resource for in vestme nt in our coun try's economy. Land does not only form the basis of our wealth, but also our security, pride and history.中文译文：农村及城市土地开发和土地所有权制度在南非和博茨瓦纳的比较介绍弗兰克林d罗斯福曾说过，每一个在正崛起的城市附近土地上投资的人都是在采用最可靠和最安全的方法使自己变得独立，因为土地是财富的基础。