A study of the Amathole District Municipality's settlement plan in the light of the land reform and spatial planning measures

Zenzile, Mlamli Lennox

Title: A study of the Amathole District Municipality's settlement plan in the light of the land reform and spatial planning measures
Creator: Zenzile, Mlamli Lennox
Subject: Land reform -- South Africa -- Eastern Cape
Subject: Land tenure -- South Africa -- Eastern Cape
Subject: Land settlement -- Government policy -- South Africa -- Eastern Cape
Subject: Local government -- South Africa -- Eastern Cape
Subject: Municipal government -- South Africa -- Eastern Cape
Subject: Land use -- Planning -- South Africa
Subject: Restitution -- South Africa -- Eastern Cape
Subject: Compensation (Law) -- South Africa -- Eastern Cape
Subject: Human rights -- South Africa -- Eastern Cape
Subject: Right of property -- South Africa -- Eastern Cape
Date Issued: 2008
Date: 2008
Type: Thesis
Type: Masters
Type: LLM
Identifier: vital:3700
Identifier: http://hdl.handle.net/10962/d1003215
Identifier: Land reform -- South Africa -- Eastern Cape
Identifier: Land tenure -- South Africa -- Eastern Cape
Identifier: Land settlement -- Government policy -- South Africa -- Eastern Cape
Identifier: Local government -- South Africa -- Eastern Cape
Identifier: Municipal government -- South Africa -- Eastern Cape
Identifier: Land use -- Planning -- South Africa
Identifier: Restitution -- South Africa -- Eastern Cape
Identifier: Compensation (Law) -- South Africa -- Eastern Cape
Identifier: Human rights -- South Africa -- Eastern Cape
Identifier: Right of property -- South Africa -- Eastern Cape
Description: This study concerns the analysis of policy, and the statutory and regulatory impact of spatial planning on the land reform programme with emphasis on the land reform settlement plan (LSRP) of the Amathole District Municipality (ADM). There is a brief historical overview of the effect of the policy of spatial segregation in both rural and urban areas of the ADM. This study demonstrates, inter alia, the challenges faced by the ADM in both consolidating and physically integrating communities that were hitherto divided across racial lines. The critical question is whether the ADM has the ability to produce a Spatial Development Framework (SDF), which will be responsive to the needs of the region and serve as a catalyst in reversing the physical distortions caused by the land-planning legislation of the apartheid past. The greatest challenge lies in meeting the developmental aspirations of the Development Facilitation Act, 1995, the Local Government: Municipal Systems Act, 2000 and the National Spatial Development Perspective, 2003. Chapter 1 deals with the purpose, research problem and the method of research, as well as the definition of terms used in this research and literature review. Chapter 2 deals with the evolution of central themes of spatial planning and land reform, spatial development plans and integrated development plans (IDPs), the alignment of Amathole SDF and Eastern Cape Spatial Development Plan and the co-ordination of spatial frameworks. Chapter 3 deals with the composition of the ADM and the evolution of the LRSP, as well as land-tenure reform programmes impacting on the Amathole Municipality region. This chapter analyses the settlement plan against spatial planning legislation, the issue of institutional arrangements and mechanisms of consolidated local planning processes. Chapter 5 deals with the thorny issue of participation of traditional leaders in municipal planning and the government’s land-reform programme. Despite the existence of legislation in this regard, implementation seems to pose some difficulties. This chapter also deals with the co-operative governance framework. Chapter 6 is a concluding chapter dealing with the gaps discovered in the Amathole Municipality in the light of existing legislation. Reference to cases is made to demonstrate the challenges confronting the ADM. One notable aspect is the issue of urban-rural dichotomy and how the two worlds are positioned in their competition for the use of space. It is evident from this research that the post-1994 policy and legislative framework and implementation machinery lacks capacity to change the current form of the apartheid city-planning paradigm, something which impacts immensely on the sustainability of the current human-settlement development programmes. Population dynamics in terms of migration are hugely driven by search for employment opportunities and better services. The efficiency and ability of the municipal spatial evelopment frameworks in directing and dictating the identification of development nodes in its juristic boundary informed by the overarching national policy and legislative framework is key in building a better South Africa.
Format: 154 p.
Format: pdf
Publisher: Rhodes University
Publisher: Faculty of Law, Law
Language: English
Rights: Zenzile, Mlamli Lennox

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