Gender and shifting urban property relations: the impacts of tenure upgrading on women’s access to land and housing in Mdantsane, South Africa
- Stofile, Zimkhitha Sphokazi https://orcid.org/0000-0002-1566-1376
- Authors: Stofile, Zimkhitha Sphokazi https://orcid.org/0000-0002-1566-1376
- Date: 2023-07
- Subjects: Women's shelters , Land tenure -- South Africa , Right to housing
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/28717 , vital:74556
- Description: A detailed empirical focus on the social impacts of progressive land policy shifts on women in Africa remains limited, particularly when it comes to urban property rights. This study examined contemporary dynamics of gender and access to urban property in the context of South Africa’s post-apartheid radical policy changes that attempt to address primarily the historical exclusion of blacks from urban property rights and housing. The thesis adopted a gendered approach to the concept of ‘access’ as an overriding concept to analyse the impacts of land tenure upgrading on women’s access to urban land and housing in Mdantsane, South Africa’s second-largest township. This study also adopts a liberal feminist perspective, particularly egalitarian liberal feminism (emanating from the works of John Stuart Mill) to explore how the post-apartheid progressive institutional and legal reforms have influenced the autonomy and power of women to access urban property rights. Through this perspective, the study also draws on several key theoretical concepts to put together a conceptual schema – a framework – that provides enhanced understanding of gendered dimensions of access to urban landed property (in this case housing). In many developing countries, there has been a shift from indigenous land tenure systems to private land ownership. These shifts were caused by several factors, including population pressure, rising land income, urbanisation, and land grabbing. International organisations such as the World Bank, the United States Agency for International Development and Department for International Development have expanded their land tenure reform programmes in developing countries from the 1970s until the late 1990s. These have suggested individualised land rights (land titling) as a precondition for investment, economic progress, poverty alleviation, and a framework for secure, transparent, and enforceable property rights. Gender equity became a growing concern among donor institutions that promote and fund titling and registration programmes. Land titling was viewed as a solution to bring an end to gender inequalities in land ownership. In South Africa, the Upgrading of Land Tenure Rights Act 112 of 1991 (ULTRA) was enacted for upgrading and converting ownership of certain rights granted in respect of land. The study used a case study of women in sections of Mdantsane. Qualitative methods, mainly in-depth interviews and life histories enabled the researcher to obtain detailed personal accounts of the historical and contemporary struggles of black women in accessing land and property in South Africa’s urban peripheries. The findings demonstrate that tenure upgrading produced differential outcomes among women in Mdantsane, and some diverse meanings that women attach to their land and houses in the context of tenure upgrading in post-apartheid South Africa. While tenure upgrading has guaranteed non-eviction for most house occupants (including women), it resulted in eviction for others. Male occupants, who secretly and fraudulently acquired the title deeds for family houses, displaced some of their women relatives. The study also established that these displacements were mostly done by those men who were regarded as heirs to property in many of the urban households. As such, they took most decisions about the formal registration of family homes, thus weakening the rights and power of women over urban property. Among the dominant meanings attached to land after tenure upgrading, women in Mdantsane generally viewed the ownership of urban property – no matter how small – as a form of empowerment, socially and economically. This study also found that after tenure upgrading, other women lost access to the accommodation they rented for more than a decade, even though they qualified to become the owners. In some instances, the politicians fraudulently sold the houses, and the occupants were thus displaced. Poor housing administration by the municipal officials was one of the reasons most occupants lost access to housing. In general, the results indicate that post-apartheid, urban land laws and policies afforded women better access to land and housing. Furthermore, in several instances, titling afforded women equal ownership rights as men compared to other tenure systems. Nonetheless, the history of exclusion still negatively affects women’s access to land and housing. Even in cases where they are not excluded, women still face social, political, and cultural constraints in acquiring urban land. Such a finding indicates that, gender-sensitive land laws and policies do not automatically lead to positive outcomes for women in South Africa’s urban peripheries. Therefore, the struggle for equal property rights does not begin and end with gender-progressive laws. Urban land policy should also grapple with past and contemporary obstacles in the implementation of legislation. , Thesis (PhD) -- Faculty of Social Sciences and Humanities, 2023
- Full Text:
- Date Issued: 2023-07
- Authors: Stofile, Zimkhitha Sphokazi https://orcid.org/0000-0002-1566-1376
- Date: 2023-07
- Subjects: Women's shelters , Land tenure -- South Africa , Right to housing
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/28717 , vital:74556
- Description: A detailed empirical focus on the social impacts of progressive land policy shifts on women in Africa remains limited, particularly when it comes to urban property rights. This study examined contemporary dynamics of gender and access to urban property in the context of South Africa’s post-apartheid radical policy changes that attempt to address primarily the historical exclusion of blacks from urban property rights and housing. The thesis adopted a gendered approach to the concept of ‘access’ as an overriding concept to analyse the impacts of land tenure upgrading on women’s access to urban land and housing in Mdantsane, South Africa’s second-largest township. This study also adopts a liberal feminist perspective, particularly egalitarian liberal feminism (emanating from the works of John Stuart Mill) to explore how the post-apartheid progressive institutional and legal reforms have influenced the autonomy and power of women to access urban property rights. Through this perspective, the study also draws on several key theoretical concepts to put together a conceptual schema – a framework – that provides enhanced understanding of gendered dimensions of access to urban landed property (in this case housing). In many developing countries, there has been a shift from indigenous land tenure systems to private land ownership. These shifts were caused by several factors, including population pressure, rising land income, urbanisation, and land grabbing. International organisations such as the World Bank, the United States Agency for International Development and Department for International Development have expanded their land tenure reform programmes in developing countries from the 1970s until the late 1990s. These have suggested individualised land rights (land titling) as a precondition for investment, economic progress, poverty alleviation, and a framework for secure, transparent, and enforceable property rights. Gender equity became a growing concern among donor institutions that promote and fund titling and registration programmes. Land titling was viewed as a solution to bring an end to gender inequalities in land ownership. In South Africa, the Upgrading of Land Tenure Rights Act 112 of 1991 (ULTRA) was enacted for upgrading and converting ownership of certain rights granted in respect of land. The study used a case study of women in sections of Mdantsane. Qualitative methods, mainly in-depth interviews and life histories enabled the researcher to obtain detailed personal accounts of the historical and contemporary struggles of black women in accessing land and property in South Africa’s urban peripheries. The findings demonstrate that tenure upgrading produced differential outcomes among women in Mdantsane, and some diverse meanings that women attach to their land and houses in the context of tenure upgrading in post-apartheid South Africa. While tenure upgrading has guaranteed non-eviction for most house occupants (including women), it resulted in eviction for others. Male occupants, who secretly and fraudulently acquired the title deeds for family houses, displaced some of their women relatives. The study also established that these displacements were mostly done by those men who were regarded as heirs to property in many of the urban households. As such, they took most decisions about the formal registration of family homes, thus weakening the rights and power of women over urban property. Among the dominant meanings attached to land after tenure upgrading, women in Mdantsane generally viewed the ownership of urban property – no matter how small – as a form of empowerment, socially and economically. This study also found that after tenure upgrading, other women lost access to the accommodation they rented for more than a decade, even though they qualified to become the owners. In some instances, the politicians fraudulently sold the houses, and the occupants were thus displaced. Poor housing administration by the municipal officials was one of the reasons most occupants lost access to housing. In general, the results indicate that post-apartheid, urban land laws and policies afforded women better access to land and housing. Furthermore, in several instances, titling afforded women equal ownership rights as men compared to other tenure systems. Nonetheless, the history of exclusion still negatively affects women’s access to land and housing. Even in cases where they are not excluded, women still face social, political, and cultural constraints in acquiring urban land. Such a finding indicates that, gender-sensitive land laws and policies do not automatically lead to positive outcomes for women in South Africa’s urban peripheries. Therefore, the struggle for equal property rights does not begin and end with gender-progressive laws. Urban land policy should also grapple with past and contemporary obstacles in the implementation of legislation. , Thesis (PhD) -- Faculty of Social Sciences and Humanities, 2023
- Full Text:
- Date Issued: 2023-07
Life in the suburbs after "Grootboom": the role of local government in realising housing rights in the Eastern Cape
- Authors: Kruuse, Helen Julia
- Date: 2008
- Subjects: Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3678 , http://hdl.handle.net/10962/d1003193 , Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Description: When the Government of National Unity took office in 1994, it inherited a country with severe inequalities in resource distribution and land ownership. In particular, it inherited a housing crisis which was, to a large extent, caused by apartheid legislation and policies. This research focuses on the housing crisis post-1994 by considering the impact and effect of the constitutional right to have access to adequate housing, especially for those living in intolerable conditions. It does so by utilising a social-scientific approach to the law. This approach acknowledges that the housing right must exist alongside other social phenomena and as a part of everyday life in South Africa. Accordingly, the implementation of the housing right by three local municipalities in the Eastern Cape is examined. Following an initial overview of the history of housing and local government in South Africa, the study focuses on the current legislative framework for housing and theinterpretation of the housing right (and other socio-economic rights) in certain court decisions. These decisions are discussed, not only because of the impact they have had on communities living in intolerable situations, but, as importantly, because they have developed standards against which policy and planning should be measured. These standards are used in the study to evaluate housing provision in three municipalities. The evaluation (by means of interviews and assessment of planning documentation) demonstrates that the recognition of the housing right in the Constitution and by the courts does not necessarily translate into effective recognition and implementation by the state. The research shows that the failure to plan proactively, lack of co-operative governance and inadequate controls over financial and human resources thwart the realisation of the housing right by local government. It is recommended that, in order to make the housing right a reality, research into the housing right (and indeed other socio-economic rights) should scrutinise the management of financial and human resources of the state in the context of the policy, planning and implementation environment. Where research is able to show evidence of unspent budgets, insufficient planning and mismanagement of resources, courts would be able to focus on the implementation aspect of the housing right, and ensure that it may yet have a meaningful impact on the lives of millions of some of the most vulnerable people in society.
- Full Text:
- Date Issued: 2008
- Authors: Kruuse, Helen Julia
- Date: 2008
- Subjects: Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3678 , http://hdl.handle.net/10962/d1003193 , Right to housing , Human rights -- South Africa -- Eastern Cape , Local government -- South Africa -- Eastern Cape , Housing -- Law and legislation -- South Africa -- Eastern Cape , Housing policy -- South Africa -- Eastern Cape , Low income housing -- South Africa -- Eastern Cape
- Description: When the Government of National Unity took office in 1994, it inherited a country with severe inequalities in resource distribution and land ownership. In particular, it inherited a housing crisis which was, to a large extent, caused by apartheid legislation and policies. This research focuses on the housing crisis post-1994 by considering the impact and effect of the constitutional right to have access to adequate housing, especially for those living in intolerable conditions. It does so by utilising a social-scientific approach to the law. This approach acknowledges that the housing right must exist alongside other social phenomena and as a part of everyday life in South Africa. Accordingly, the implementation of the housing right by three local municipalities in the Eastern Cape is examined. Following an initial overview of the history of housing and local government in South Africa, the study focuses on the current legislative framework for housing and theinterpretation of the housing right (and other socio-economic rights) in certain court decisions. These decisions are discussed, not only because of the impact they have had on communities living in intolerable situations, but, as importantly, because they have developed standards against which policy and planning should be measured. These standards are used in the study to evaluate housing provision in three municipalities. The evaluation (by means of interviews and assessment of planning documentation) demonstrates that the recognition of the housing right in the Constitution and by the courts does not necessarily translate into effective recognition and implementation by the state. The research shows that the failure to plan proactively, lack of co-operative governance and inadequate controls over financial and human resources thwart the realisation of the housing right by local government. It is recommended that, in order to make the housing right a reality, research into the housing right (and indeed other socio-economic rights) should scrutinise the management of financial and human resources of the state in the context of the policy, planning and implementation environment. Where research is able to show evidence of unspent budgets, insufficient planning and mismanagement of resources, courts would be able to focus on the implementation aspect of the housing right, and ensure that it may yet have a meaningful impact on the lives of millions of some of the most vulnerable people in society.
- Full Text:
- Date Issued: 2008
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