Tag Archives: The Conversation

Why title deeds aren’t the solution to land tenure problems

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An excellent new book is out in South Africa, focusing on titling and tenure. A big issue for policy in Zimbabwe. It’s called Untitled. Securing land tenure in urban and rural South Africa, published by UKZN Press and edited by Donna Hornby, Rosalie Kingwill, Lauren Royston and Ben Cousins. It’s well worth a read. While based on South Africa, where the obsession with freehold title is an article of faith, it has many resonances for Zimbabwe, and beyond. 

As I have argued many times before on this blog, a focus on titling is often not the best route to ensuring security of tenure. The obsession with freehold title is repeated endlessly. As Zimbabwe contemplates new policy directions temptations to get involved in mass titling programmes must be resisted. This book is therefore essential reading. It argues for ‘legal recognition of rights within what they call ‘social tenures’. In this article reposted from The Conversation, Ben Cousins, from PLAAS at the University of the Western Cape, explains: 

The conventional view is that insecurity of land tenure results from the lack of a registered title deed which records the property rights of occupants of land or housing. Across Africa, many governments and international development agencies are promoting large-scale land titling as the solution.

In the South African context, some commentators suggest that a key legacy of the apartheid past is the continued tenure insecurity of the third of the population who live in “communal areas”, under unelected chiefs or of traditional councils. The remedy, they suggest, is simple: extend the system of title deeds to all South Africans.

We have just published a book which disputes this view. Untitled. Securing land tenure in urban and rural South Africa contains case studies of a wide range of land tenure systems found in different parts of the country. These include informal settlements, inner city buildings in Johannesburg, “deep rural” communal systems, land reform projects, and examples of systems of freehold rights held by black South Africans since the 19th century.

With the exception of systems of freehold rights, most people who occupy land or dwellings in these areas are “untitled”, and occupy land or dwellings under a very different kind of property regime. We term these social or off-register tenures.

But we argue that, fundamentally, South Africans need to question the assumption that the sole solution to the problem of tenure insecurity is a system of title deeds. Alternative approaches are needed, which we set out to explore.

Social tenures

The book offers an analysis of social tenures, which are regulated by a different logic and set of norms than those underpinning private property. Such tenures are diverse but share some key features. As is the case across the developing world, including Africa, land tenure is directly embedded in social identities and relations.

Rights are often shared and overlapping in character and generally derive from accepted membership of a community or kinship group. Processes of land allocation and dispute resolution are overseen by local institutional structures.

In these contexts, decisions are often informed by norms and values that stress the importance of reciprocal social relationships rather than buying power as the basis for land allocation. They involve flexible processes of asserting, negotiating and defending land rights, rather than the enforcement of legally defined rules.

It’s estimated that in 2011 some 1.5 million people lived in low-cost dwellings provided to the poor by government’s, so-called “Reconstruction and Development Programme” (RDP) houses, with inaccurate or outdated titles, in most cases due to transfers outside of the formal system.

Another 5 million lived in RDP houses where no titles had yet been issued due to systemic inefficiencies. Along with 1.9 million people in backyard shacks, 2 million on commercial farms, and 17 million in communal areas, this means that in that year around 30 million people, nearly 60% of all South Africans, lived on land or in dwellings held outside of the land titling system.

RDP housing. Flickr

The edifice of title deeds

The book contrasts social tenures with the conventional system of title deeds, which constitutes a key element of an imposing “edifice”. The current system of rates, services and processes of development assumes that land tenure equals a surveyed plot with a singular registered owner, which may be persons or corporate bodies.

The system is serviced by a Deeds Registry, private sector surveyors and conveyancers, as well as municipal officials, all governed by a range of laws and regulations in a complex and interlocking manner.

One key problem facing those in social tenures is the discrimination they suffer at the hands of the state and the private sector. Despite some protection under laws such as the Interim Protection of Informal Land Rights Act of 1996, people living in social tenures are severely disadvantaged. They may have to go to court to have their rights legally enforced, but most cannot afford to do so.

Development and land use planning, public investment and service delivery are constrained under these systems of tenure. Elite capture or abuse by unaccountable leaders can also take place, as in communal areas where minerals are found and chiefs and councils enter into business deals with mining companies that benefit only a few.

Titling enthusiasts argue that another problem with social tenures is the fact that banks do not accept untitled land or dwellings as security for bank loans. This constrains the poor from borrowing capital to invest in businesses of their own. But research indicates that few of the poor are willing to risk their homes in this way, since small enterprises often fail.

Tenure reform policy options

How then to proceed with pro-poor tenure reform? Our research indicates that it is not realistic to extend land titling to all; the system may be at breaking point, and is inadequate even for the emerging middle class.

Another option is to adapt elements of the edifice to provide a degree of official and legal recognition of rights within social tenures. Lawyers and planners working with communities and officials have developed a range of innovative practices, concepts and instruments aimed at securing such rights in an incremental manner. This includes special land use zones, recognising occupation rights in informal settlements, and recording rights using locally accepted forms of evidence.

A third option is a more radical overhaul of land tenure, leading to systematic recognition of and large scale support for social tenures. This would involve stronger laws protecting rights holders, an adjudication system that allows new forms of evidence to be considered in determining who holds rights, and new institutions for negotiating, recording and registering rights under social tenures. The system could include the office of a Land Rights Protector.

We believe that these alternatives all pose their own challenges. But we also believe that pursuing alternatives to a system of title deeds is not an impossible task.

The ConversationThis article was originally published on The Conversation. Read the original article.

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Why 50-60 million hectares should be transferred to smallholders in South Africa’s land reform

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Following on from last week’s blog on the N7 farmers from Malmesbury, this week I want to feature an excellent article by Ben Cousins from PLAAS in South Africa published recently in The Conversation. It picks up on the theme of the potential for capitalised, market-oriented smallholders to transform South Africa’s land reform strategy. Controversially he suggests that there are perhaps 50-60 million hectares available for such smallholder-led land reform. Here’s the blog:

Why South Africa needs fresh ideas to make land reform a reality

What is going wrong in South Africa’s land reform programme, and how can its failings be addressed?

In 22 years land reform has barely altered the agrarian structure of South Africa, and has had only minor effects on rural livelihoods.

Partly unintentionally, partly by design, land reform has been captured by elites. The most powerful voices are those of traditional leaders, so-called “emerging” black capitalist farmers (who often own other businesses), consultants, agri-business companies and white farmers.

The strategic thrust of South Africa’s land reform remains unclear. Agricultural and land policies have not been linked effectively. Little support has been provided to black smallholder farmers and no land reform farms have been officially sub-divided.

The lay of the land

The agricultural potential of South Africa is limited, with relatively little of its surface area suitable for crop production. Much of the country is arid or semi-arid, with only 28% of the land surface receiving 600mm or more of rain per annum. Most land is suitable only for extensive livestock production. Only 16.7 million hectares (13.7%) are arable, and 1.3 million hectares are irrigated.

Since 1994, about eight million hectares of the total of 86 million hectares of white-owned farmland have been transferred to black South Africans through land restitution and redistribution. Government’s initial target in 1994 was to transfer 30% of agricultural land by 1999, but slow progress led to the target date being moved to 2014. Several thousand large rural restitution claims are yet to be resolved, and about 20,000 settled restitution claims have yet to be implemented. Amendments to the law in 2014 allow hundreds of thousands of new claims to be lodged up until 2019.

Evidence suggests that about half of rural land reform projects have brought improvements in the livelihoods of beneficiaries – but often these are quite limited. It is unclear how many recorded “beneficiaries” still reside on or use transferred land, or benefit from land reform in any way. Evidence from the Limpopo province suggests that only a relatively small proportion do so.

Institutions such as communal property associations and trusts, through which land reform beneficiaries hold land in common, remain poorly supported and are often dysfunctional. Joint ventures between claimant communities and private-sector partners have experienced major problems.

Tenure reform has largely failed. Farm owners have worked out how to evict unwanted workers within the parameters of the law, or to (illegally) “buy out” their rights, and have done so in large numbers. In communal areas, the only legislation that secures the land rights of residents is the Interim Protection of Informal Land Rights Act of 1996. This has had to be renewed every year. There are increasing reports of corruption by traditional leaders in areas with minerals.

Many of the assumptions informing policy are highly problematic. A large-scale commercial farm model informs assessments of “viability” and shackles thinking about how to support smallholders. Rural households are often seen as a homogeneous category, but are in fact highly differentiated. As a result, targeting of land reform is ineffective.

Measures to promote the informal economy, including markets for food, are absent. Land reform focuses mainly on rural areas but urbanisation and growth of informal settlements, some on communal land in peri-urban areas, mean that many key needs and opportunities are missed. A key spatial focus for smallholder-oriented land reform could be redistribution near to towns and cities, close to growing urban informal food markets.

Re-invigorating land reform

Land reform needs to make a fresh start. Realistically, land and agrarian reform is unlikely to reduce the poverty of most rural people. The creation of formal-sector jobs and non-farm livelihood opportunities for the majority of the population should be at the centre of poverty reduction policies. And a re-invigorated programme of land reform could probably create a million new employment opportunities, as the National Development Plan suggests.

Reconfiguring the country’s agrarian structure should be the main thrust of land and agricultural policy, along with measures to improve the food security of the poor. However, securing tenure rights should remain a key objective of land reform, in urban as well as rural areas.

A competitive and increasingly concentrated agricultural economy has shaken out a large number of white farmers. However, about 70%-80% of farms produce only 20%-30% of value, and many of these are under stress from the current drought. This land could be acquired for redistribution relatively cheaply. The top 20%-30% of producers, 7,000 highly capitalised farming operations on about 20 million-30 million hectares, could then be left alone for two decades or so. This will ensure that land and agrarian reform does not put urban food security and agricultural exports at risk.

The land of the other 70%-80% of farming units, located on 50 million-60 million hectares, should be redistributed to 200,000 market-oriented black smallholder farmers. These farmers are often highly productive, despite the lack of real support offered to them. Policies should aim to support a process of broad-based “accumulation from below”, in which access to more land and water, plus well-designed support programmes, provide a platform for increasing levels of output.

The proposal in the National Development Plan that more land be brought under irrigation needs to be urgently investigated, and a realistic target set. This will help adaptation to climate change.

Municipalities should support informal markets where most of the produce by small black farmers is sold.
Reuters/Rogan Ward

Black smallholder farmers currently tend to supply informal traders and loose value chains that have less demanding requirements for fresh produce than those of supermarket chains and formal markets. Informal markets should be actively supported by municipalities. As their farms become more capitalised, some small-scale producers will improve the quality of their produce and begin to supply formal markets, and government could consider requiring supermarkets to meet quotas for smallholder produce.

The politics of land

Political rhetoric on land draws on a narrative in which white farmers and foreigners are villains, black South Africans are victims, and government (or an opposition party, or civil society activists) are heroes riding to the rescue. A political imaginary centred on race tends to dominate land discourse. For many young activists today, “land” seems to connote the nation, sovereignty and control of the economy as a whole, rather than a resource used for food production. The dual meanings of “land” in English elide the difference, but in nationalist and populist discourses such elisions help to mobilise supporters.

The current drought and rising food prices remind South Africans that the practical challenges of land reform are immense. How can the country re-organise the rural economy so that we achieve social justice, and at the same time feed growing numbers of urban residents at affordable prices? However valid the call for a fundamental rethink of the post-apartheid political order, this challenge cannot be ducked.

This article draws on a paper commissioned by the Nelson Mandela Foundation.

The Conversation

Ben Cousins, Professor, Poverty, Land and Agrarian Studies, University of the Western Cape

This article was originally published on The Conversation. Read the original article.

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Chinese engagement in African agriculture is not what it seems

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The reality of Chinese investment in African agriculture has yet to catch up with the hype. Reuters/Siphiwe Sibeko

On Zimbabweland this week, I want to share an article that appeared in The Conversation, and various other outlets, last week. It relates to our work on China and Brazil in African agriculture, mentioned before on this blog.

Chinese engagement in African agriculture is not what it seems…..

In December 2015, Chinese President Xi Jinping flew into South Africa for the Forum on China-Africa Co-operation with great fanfare. There were lots of announcements about prospective investments across Africa. Agriculture featured prominently. But what is the real story of China in Africa on the ground, beyond the hype?

As Deborah Brautigam’s investigative research has so effectively shown, the assumptions about China’s role in Africa are often not borne out in reality. The level of investment and linked aid flows are much lower than the high numbers sometimes touted; the numbers of imported Chinese workers are much lower than often suggested; the areas of land “grabbed” for investment are small compared to the vast areas identified by some.

And, as Brautigam’s recent book shows, Africa will not be feeding China or China feeding Africa anytime soon.

Reality on the ground

We set about finding out what was happening on the ground. Working with African, Chinese and European colleagues, our team investigated Chinese engagements in agriculture in four countries – Ethiopia, Ghana, Mozambique and Zimbabwe. All have featured prominently as priorities for Chinese investment and aid.

Our just-completed project is reported in a new open access special issue of the journal World Development. So what exactly has been going on?

This proved surprisingly difficult to find out. The data on land acquisition, investment flows and aid projects is limited and confusing. It often doesn’t add up. Ghost projects are listed that never happened, and others are missed out.

Our original idea of doing a simple geomapping exercise based on available data was quickly abandoned. Instead, we had to triangulate between multiple sources to find out what was happening where.

Certainly there is a great deal going on, and the Chinese presence in Africa is important. The Chinese role in agriculture – in terms of business investment, technology transfer, demonstration efforts, training and more – is growing, and shaping perceptions.

We chose cases across the four countries to investigate in more detail. The studies aimed to explore the detail of investments, technology projects, training and development encounters more generally.

The central question we asked was: is China reshaping African agriculture?

No singular ‘Chinese model’

The Chinese Agricultural Technology Development Centres are flagship investments. There are now 23 across Africa, funded in their first phase by the Chinese Ministry of Commerce under their aid program. They are run mostly by companies, and are linked to a commercial model for training and technology demonstration and sale.

As Xiuli Xu and colleagues show, the centres’ performance very much depends on who is running them. Different provincial companies have very different characteristics, demonstrating that there is no singular “Chinese model” of development, or state-business partnership.

We also explored a number of cases of business investments in agriculture, primarily led by Chinese state-owned enterprises. Chinese development efforts mix aid with commerce, linking both provincial and central state involvement with different businesses.

For example, as Jing Gu and colleagues explain, in Xai Xai in Mozambique, the Wanbao agricultural development company from Hubei province took over 20,000 hectares on a state farm to farm rice, and develop a contract farming arrangement with surrounding farms.

It has not been easy. There have been a number of changes in company leads, disputes with local communities, and shifting alliances with local elites, as Kojo Amanor and Sergio Chichava set out.

The training of government officials is an important aspect of the Chinese engagement in Africa. More than 10,000 are trained in numerous courses in China each year, many in agriculture. This far exceeds any training initiative of any western aid programme.

Henry Tugendhat and Dawit Alemu explored the impacts of these courses, participating in training in China, and interviewing officials who had returned home to Ghana and Zimbabwe. While there have not been many immediate impacts, the longer-term building of relationships and the exertion of “soft power” diplomacy is important.

The role of informal Chinese migrants

Chinese migrants supply specialist Chinese foods to burgeoning expatriate populations.
Reuters/Noor Khamis

Perhaps the most far-reaching but least understood dimension of Chinese involvement in African agriculture is the growing number of informal migrants getting involved in the agri-food sector, from farming to processing to retail to restaurants.

Seth Cook and colleagues investigated this in Ethiopia and Ghana. They discovered a range of activities: relatively few farmers, but growing investment in supplying specialist Chinese foods to burgeoning expatriate Chinese populations.

Those involved are very often migrants who came as part of Chinese government contracts, and have since established business connections and stayed, encouraging others to join them from China.

Through our work, we were able to gain a snapshot of the early stages of Chinese engagement in African agriculture. Our results show successes as well as failures. But Chinese engagement is certainly not yet at the scale sometimes assumed.

In the longer term, activities may accelerate as more opportunities open up. But China is also changing. As its economy restructures to a “new normal”, there are different demands. Food will certainly remain one, but this is not likely to come from Africa.

As a new global power, China will want to maintain business, aid and diplomatic relations with Africa, and sustaining relationships will be important. China plays the long game, and our studies were observing just the opening stages.

The ConversationIan Scoones, Professorial Fellow, Institute of Development Studies, University of Sussex.

This article was originally published on The Conversation. Read the original article.

Back to normal service next week…..

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