- 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
- ThesisAdvisor
- Mqeke, R. B.
- 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
- 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., pdf
- Publisher
- Rhodes University, Faculty of Law, Law
- Language
- English
- Rights
- Zenzile, Mlamli Lennox
- Hits: 6123
- Visitors: 6310
- Downloads: 337
Collections
RU Department of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details | SOURCEPDF | 2 MB | Adobe Acrobat PDF | View Details |