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White Paper

Table of Contents

 

FOREWORD

1 INTRODUCTION

1.1 The land policy process

1.2 Responses to the Green Paper

2 LAND POLICY

2.1 Strategic goals and vision of land policy

2.2 Land Reform and RDP

2.3 The three elements of the land reform programme

2.4 Government's achievements

2.5 The case for the government's land reform policy

3 LAND POLICY ISSUES

Constitutional Issues

3.1 Constitutional issues to be addressed

Land Market Issues

3.2 The role of the market and the state in land reform

3.3 Transaction costs

3.4 Land tax

Institutional Issues

3.5 Institutional capacity for land reform

3.6 Uncoordinated land administration

3.7 Fragmented public land management

3.8 Inappropriate land development

3.9 Lack of effective, integrated environmental management

3.10 Lack of support services for land reform beneficiaries

3.11 Access to financial services

Environmental Issues

3.12 Alleviation of poverty and environmental degradation

3.13 Incorporating environmental concerns in project planning

3.14 Land Subdivision Act

Land Redistribution Issues

3.15 The need for land

3.16 The use of municipal commonage

Restitution Issues

3.17 The need for Restitution

Land Tenure Issues

3.18 The second class status of black land rights

3.19 Overcrowding and forced overlapping of land rights

3.20 Traditional and communal tenure

3.21 Violence

3.22 Informal settlements in urban areas

3.23 The provision of services and development

3.24 Discrimination against women

3.25 Occupants of privately owned land including farm dwellers

Budgetary Issues

3.26 Allocation of government budgets

 

4 LAND REFORM PROGRAMMES

4.1 The three sub-programmes

4.2 Legal mechanisms

Land Redistribution

4.3 Purpose

4.4 Government's approach

4.5 Rural finance

4.6 Valuation of land

4.7 Grants and services

4.8 Urban land redistribution

4.9 Access to land and tenure security for farm workers

4.10 Labour tenants

4.11 Addressing gender equality

4.12 Local government commonage

Land Restitution

4.13 Purpose

4.14 Government's approach

Land Tenure Reform

4.15 Introduction

4.16 Guiding principles of tenure reform

4.17 Land tenure laws

4.18 Constitutional guarantees

4.19 The Land Tenure Reform Programme

4.20 Interim measures

Financial Grants of the Land Reform Programme

4.21 Introduction

4.22 Eligible applicants

4.23 The Settlement/Land Acquisition Grant

4.24 Grant for the Acquisition of Land for Municipal Commonage

4.25 Settlement Planning Grant

4.26 Grant for determining Land Development Objectives

 

5 LAND DEVELOPMENT, PUBLIC LAND MANAGEMENT AND ADMINISTRATION

Land Development

5.1 The scope of land development

5.2 Purpose

5.3 Legacy of apartheid

5.4 Approach

5.5 Development Facilitation Act

Public Land Management

5.6 Public land

5.7 Clarifying institutional roles and relationships

5.8 Disposal and allocation procedures

5.9 Public land information

5.10 Parastatal land

5.11 Local authority land

Land Administration

5.12 Tackling the land administration problems

5.13 Interim strategies to resolve land administration problems

 

6 INSTITUTIONAL ARRANGEMENTS

Rationale

6.1 Operational Principles

6.2 Delivering land reform

6.3 Organisational structure

6.4 Decentralisation

6.5 Transformation of the Department of Land Affairs

Division of Land-Related Functions

6.6 National and provincial competencies

6.7 Delivering land services at a local level

6.8 Responsibilities of the Department of Land Affairs

6.9 Land-related responsibilities of the provincial authorities

Land Reform Delivery

6.10 Partnerships with the private sector

6.11 NGOs and non-statutory service providers

6.12 Interim facilitation service

6.13 Dispute resolution

Land Information

6.14 Information needs

6.15 A comprehensive land information system