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Time is now for spatial and land use planning and re-building the
land administration system in Zimbabwe
Mandivamba
Rukuni, Sokwanele
November 28, 2013
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This paper is
part of the Zimbabwe
Land Series
Introduction
In this 10th
of 12 articles I focus on the need to rebuild the land use planning
system and how this how this will aid land administration. I have
argued throughout the series of articles that the Government of
Zimbabwe and the key stakeholders need to craft a rehabilitation
plan for the land sector. Looking back on the 3 decades since 1980,
Zimbabwe has changed considerably in physical and spatial terms.
Land settlement patterns have changed completely, and the spatial
design model, which essentially saw urban development as a series
of towns servicing former white farming areas, is now inadequate
for long term planning.
1. Why
Zimbabwe needs a revised spatial plan and land administration system
Population growth,
rapid urbanisation and the youthfulness of the population are three
demographics that drive the need for a better-planned future. Although
I struggled to get a good data-set on the rate of urbanization in
Zimbabwe, I will depend on anecdotal evidence that suggests that
Zimbabweans, especially the youth to middle age, are settling in
urban areas at a faster rate. I also know that the profitability
of farming as a business has declined significantly in the last
5 years. Moreover the virtual take-over of Zimbabwe's food markets
by South African products and others has further dampened competitiveness.
With porous borders that filter through illegal food imports, prices
are dampened further. All this is pushing young people away from
agriculture and agribusiness and pushing them into urban areas.
The fastest
growing, however, is tobacco; and this has been good for smallholder
farmers, while at the same time this is exerting huge pressure on
the environment. Forests are disappearing at about 300,000 hectares
or so per year. The ineffectiveness in enforcing environmental regulations
is also major evidence of the need to revamp the land administration
system. Tobacco is the acute case, but there are several chronic
environmental issues that are poorly administered, such as bush
fires and the sustainable use of wetlands.
I am arguing
therefore that the sustainable management of land-based resources
used in common, including forests, pasture lands and water resources
all require an upgraded and advanced spatial plan as well as effective
land governance systems. This will facilitate the orderly growth
of towns and urban areas as well as ensuring that land for a variety
of commercial, industrial, housing and public uses are available
under secure tenure arrangements. Government institutions including
local government and traditional authorities all have a major role
to play in administering land rights in a transparent, accountable,
fair and efficient manner. These same institutions need capacity
to provide guidance on good land use and planning practices at the
household and business levels. For Zimbabwe to attain its potential
and aspirational economic boom, there is need to protect the ordinary
Zimbabwean's land rights in a manner that promotes peace, harmony
and minimises land conflicts. I will discuss later, therefore, why
the proposed Land Commission has to craft a Land Administration
System (LAS) that is unified, transparent, efficient and accountable,
thereby promoting economic development, while also regulating to
promote sustainable development and fair value for all categories
of land users.
2. Rural
and urban links to land
I am highlighting
here the growing rural-urban link to the land question as the rate
of urbanisation increases. Peri-urban lands are generally situated
in blurred zones between customary and statutory law. And as urban
growth encroaches on rural land, this always creates opportunities
for those better connected and informed to exploit the situation,
often at the cost of the rural land users, especially if their land
rights are not secure. Peri-urban areas are the 'entrepreneurial'
space where the customary land tenure becomes increasingly individualised,
leading to informal land markets. These markets have emerged in
all peri-urban areas of Zimbabwe. Although not having a clear formal
policy can be workable as long as there are no conflicts, conditions
will increasing mature towards conflicts. This is mainly because
land values are increasing and therefore the disputes are increasing.
As urban elites (public officials, businessmen, politicians, etc.)
become interested and involved, it follows also that land purchase
for speculation will increase and as land values rise, farmers forced
or tempted to sell.
Ultimately traditional
leaders are tempted to sell lands for housing and other developments
for personal gain, as opposed to seeking the views of their citizens.
Urban farming is a legitimate business and this needs policy guidance.
Pressures will mount from agro-business interests seeking land to
satisfy urban demand for food. To reduce insecurity as rural people
lose land to urban development, it is important that adequate compensation
is paid in cash or kind to 'owners' and 'users' who have to give
up their livelihoods.
Spatial planning
and zoning is important before rural land transforms into urban
land for housing, commerce and industry. In addition, it is important
to plan for public utilities--parks, playgrounds and peri-urban
agriculture; as such amenities tend to be neglected or further converted
into housing plots. Many people in urban and peri-urban areas lack
secure rights which hampers investment not only in their houses
but also in the provision of public services. Once informal settlements
rise, however, it becomes difficult to formalise. Formalisation
can be a source of even greater risk if this then leads to eviction.
That is why it is important for Zimbabwe now, as the Land Commission
comes to be, to ensure that spatial planning and zoning is resumed
with vigour. Enforcement of such plans is far less costly in both
cash and human suffering, than evictions after people settle themselves
informally. Characteristics of informal settlements include:
- Illegal
occupation of private or public properties (squatting)
- Purchase
of small properties without official transfer and registration
- Building
without approval (and subsequent alteration and extension)
- Building
in unsuitable areas in terms of land use and town planning
- Ignoring
of building laws (construction statics, building materials, building
heights, density and infrastructure)
- Reduces or
eliminates the perceived need for public expenditure on housing
- Fast growth
of informal settlements becomes a huge challenge in providing
access to public services
- Owners face
possible eviction
- No access
to credit for building and renovation on favourable terms.
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