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Housing Development Agency

01 December 2016

English

Karishma Busgeeth

Research Report

Housing Development Agency

South Africa

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Website References

Community land rights

Customary law

Customary tenure

Governance

Human settlements

Land

Land administration

Land tenure

Land tenure systems

Rural

Rural areas

Rural housing

South Africa

Tenure

Tenure security

Value capture

Rethinking communal land administration

Unlocking human settlements development in communal land areas

This report, a summary of the substantial challenges that continue to plague South Africa’s efforts to reform land administration system, proposes that key decision-makers and informers involved in communal land administration undergo a mindshift in thinking. This shift should be from focusing exclusively on transferring communal land to traditional leaders, Common Property Institutions and private individuals, to recognising and accommodating existing forms of social tenure. This can be achieved by introducing a nationally constituted and locally administered land records system that sits alongside and complements the existing land registration system (that involves the Surveyor General’s office and the deeds registration system). The proposed alternatives are based on both practical experience and theoretical insights.

This report was prepared with Afesis-Corplan.

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