Communal land use management and socio-spatial planning in Mooiplaas, South Africa
- Eglin, Ronald Arthur https://orcid.org/0009-0001-3983-709X
- Authors: Eglin, Ronald Arthur https://orcid.org/0009-0001-3983-709X
- Date: 2024-02
- Subjects: Land use -- Planning -- South Africa , Land use--Planning -- Law and legislation -- South Africa , Land use, Rural -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/29684 , vital:78871
- Description: This study explores, for the first time in southern Africa, the possibility of using a pattern language as part of a more adaptive planning process where decisions to change land use are made by municipalities and communities taking into account the extent to which these decisions respond to the ever-changing context. The objective was firstly to identify what socio-spatial planning principles (presented as a patterns) the community use and would like to use to guide communal land use, secondly to evaluate how effective land use management has been in determining land use activities, and thirdly to explore how a pattern language could be used to guide land use change decisions. Using a qualitative research methodology, 67 semi-structured individual and key informant interviews as well as three focus group discussions were conducted in two villages within the Mooiplaas communal land area. The main findings indicate that the current informal procedures for managing land use change by the community’s leadership is increasingly ineffective in guiding land use decisions in ways that prioritise environmental protection and promote economic and social development. However, using visioning and needs analysis techniques, the study demonstrates that a community can develop a pattern language that reflects a comprehensive vision for their area. This pattern language can then be expressed as local spatial development principles in the municipality’s Spatial Development Framework. Additionally, as part of its Land Use Scheme regulations, the municipality can establish natural, intensive agricultural, and settlement overlay zones, overlaid on an underlining extensive agricultural base zone. Anyone wanting to use land for any purpose not provided for in these zones has to submit a land use change application and the authorising structures are required to use the local spatial development principles to help inform them as to whether to approve the application or not. The study advances a new understanding of the pattern language as an expression of a community’s vision for a particular area and demonstrates how a pattern language planning approach could work in a communal land area in South Africa within the context of existing spatial planning legislation. , Thesis (PhD) -- Faculty of Social Sciences and Humanities, 2025
- Full Text:
- Date Issued: 2024-02
- Authors: Eglin, Ronald Arthur https://orcid.org/0009-0001-3983-709X
- Date: 2024-02
- Subjects: Land use -- Planning -- South Africa , Land use--Planning -- Law and legislation -- South Africa , Land use, Rural -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/29684 , vital:78871
- Description: This study explores, for the first time in southern Africa, the possibility of using a pattern language as part of a more adaptive planning process where decisions to change land use are made by municipalities and communities taking into account the extent to which these decisions respond to the ever-changing context. The objective was firstly to identify what socio-spatial planning principles (presented as a patterns) the community use and would like to use to guide communal land use, secondly to evaluate how effective land use management has been in determining land use activities, and thirdly to explore how a pattern language could be used to guide land use change decisions. Using a qualitative research methodology, 67 semi-structured individual and key informant interviews as well as three focus group discussions were conducted in two villages within the Mooiplaas communal land area. The main findings indicate that the current informal procedures for managing land use change by the community’s leadership is increasingly ineffective in guiding land use decisions in ways that prioritise environmental protection and promote economic and social development. However, using visioning and needs analysis techniques, the study demonstrates that a community can develop a pattern language that reflects a comprehensive vision for their area. This pattern language can then be expressed as local spatial development principles in the municipality’s Spatial Development Framework. Additionally, as part of its Land Use Scheme regulations, the municipality can establish natural, intensive agricultural, and settlement overlay zones, overlaid on an underlining extensive agricultural base zone. Anyone wanting to use land for any purpose not provided for in these zones has to submit a land use change application and the authorising structures are required to use the local spatial development principles to help inform them as to whether to approve the application or not. The study advances a new understanding of the pattern language as an expression of a community’s vision for a particular area and demonstrates how a pattern language planning approach could work in a communal land area in South Africa within the context of existing spatial planning legislation. , Thesis (PhD) -- Faculty of Social Sciences and Humanities, 2025
- Full Text:
- Date Issued: 2024-02
Traditional leadership and the use of cultural laws in land administration: implications for rural women's land rights in a transforming South Africa
- Authors: Ntwasa, Bayanda
- Date: 2009
- Subjects: Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Language: English
- Type: Thesis , Masters , M Soc Sc (Rural Development)
- Identifier: vital:11938 , http://hdl.handle.net/10353/134 , Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Description: This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.
- Full Text:
- Date Issued: 2009
- Authors: Ntwasa, Bayanda
- Date: 2009
- Subjects: Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Language: English
- Type: Thesis , Masters , M Soc Sc (Rural Development)
- Identifier: vital:11938 , http://hdl.handle.net/10353/134 , Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Description: This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.
- Full Text:
- Date Issued: 2009
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