PER: 2011 Volume 14 No 3
20 June 2011
- Foreword / Böhler, W
- Opening address at the Colloquium ‘Good Governance in Land Tenure’ held at Potchefstroom on 22 and 23 April 2010: Land Tenure and Good Governance from the perspective of International Law. / Marauhn, T
- Response to Prof Thilo Marauhn's Opening Address on ’Land Tenure and Good Governance from the Perspective of International Law / Ferreira, G
- Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court / Pienaar, JM
- The role of local government in evictions / Van Wyk, J
- Tenure Security Reformand Electronic Registration: Exploring Insights from English Law / Mostert, H
- Urban Pro–Poor Registrations: Complex–Simple the Overstrand Project / Downie, L
- The Potential Use of Cellular Phone Technology in Maintaining an Up–To–Date Register of Land Transactions for the Urban Poor / Whittal, J
On 22 and 23 April 2010 the NWU (Potchefstroom Campus) Faculty of Law hosted a colloquium in collaboration with and sponsored by the Konrad-Adenauer Stiftung on the theme Good Governance in Land Tenure. In this issue we publish a selection of edited and reworked papers presented during the colloquium.A foreword to this joint issue of the Faculty and KAS by the Resident Representative of KAS in South Africa, Dr Werner Böhler, opens the discussion of a topic of global and local significance.
The eminent German international environmental lawyer Thilo Marauhn (who recently published, with Ulrich Bayerlin, a comprehensive work entitled International Environmental Law (Hart Publishing, 2011)) prepared a keynote address, but could not travel to Potchefstroom due to the disruption of international air traffic at the time by the volcanic eruption in Iceland.Professor Marauhn's address, in which he addressed land tenure from the perspective of international law, is published here as an oratio, followed by a response by Gerrit Ferreira of Potchefstroom.The growing importance, but need for further development of the notion of good governance in international environmental law and how land use is a key concern in this regard, is clearly demonstrated.
Next Juanita Pienaar of the University of Stellenbosch addresses the challenges and responsibility of the South African Land Claims Court in the context of good governance in its adjudication of matters concerning the restitution of land.She suggests that the Court should become more involved in pro-actively deciding the exact form that restitution or restoration of land should take in the cases before it.
The role of local government in South Africa in evicting unlawful occupiers of land and buildings and in administering measures dealing with redistribution of land and land tenure is addressed by Jeannie van Wyk of UNISA.She concentrates on constitutional directives under which municipalities should perform these difficult tasks, and on their procedures, duties and responsibilities in this regard.
In her paper on the reform of tenure security, Hanri Mostert of the University of Cape Town comparatively explores the contradictory debate on the different types of tenure security interests that need to be served.Drawing on registration practices in English law, she demonstrates the beneficial possibilities of the employment of electronic deeds registration systems, also pointing out what further research is needed to be done on the matter.
Leslie Downie, a legal consultant on low cost housing registrations and corporate social responsibility poignantly points out that her paper is intended to "give a legal practitioner's insights into why, at the threshold of the twenty-first century, if the system does not adapt, conveyancers of low-value properties might be well advised to turn to a career in painting."She deals with South African law applicable to and the potential of a project intended to address the difficulties of providing consumer protection to "the low-literate and other vulnerable holders of rights."
Jennifer Whittal of the University of Cape Town also takes up the theme of the unique difficulties surrounding the transfer and registration of land under the current South African conditions of mass land distribution and housing provision.She investigates the potential use of cell-phone technology, which has penetrated poor communities thoroughly, as a possible means of improving the over-burdened deeds registration system.
Editor: Professor Francois Venter
(2011)Low–cost housing which has been disposed of by private owners is extremely difficult for conveyancers to register. The law as it stands is often incapable of giving effect to the business transactions of the poor, thereby ...
(2011)This paper examines the potential significance of updating registration practices in resolving some of the issues about tenure security in a transformative context. It deals with the importance of good governance in the ...
The Potential Use of Cellular Phone Technology in Maintaining an Up–To–Date Register of Land Transactions for the Urban Poor (2011)This article investigates the concept of using cell–phone technology for obtaining information about unofficial (off–register) transfers in land as are commonly undertaken by the urban poor in South Africa. Since the ...
(2011)Local government occupies a unique place in the South African system of government. This is circumscribed by the Constitution which contains directives. enjoining municipalities inter alia to provide democratic and ...
(2011)Although 95% of all claims that had been submitted by 1998 have indeed been processed, a mere 49% of the land that was restored since 1994 housed successful enterprises by the end of 2010. Accordingly, sixteen years into ...