SARPN-WBI-IERI Land Administration in Africa Workshop Searching for Land Tenure Security 22 – 25 May 2006. Challenges for providing tenure security in communal areas. Points for Discussion.
Challenges for providing tenure security in communal areas
These are complex issues that are not going to deliver political consensus – broad range of ‘stakeholders’ make consensus difficult. Need to build consensus at different levels (national down to community).
One grouping – LRC and PLAAS have lodged a constitutional challenge to the CLRA.
Others are waiting to see the Regulations and implementation plan.Stakeholder Consensus
“To provide for legal security of tenure by transferring communal land to communities or by awarding comparable redress…”
Not necessarily a bad theoretical framework but will not work without empowering people to exercise rights or without adequate resources.Likelihood that CLRA Will Reach Objectives
It is possible to learn from mistakes made in implementing other tenure legislation especially the ESTA, LTA, the CPA Act and IPILRA.
DLA has failed to provide adequate support to communal property associations – not even consensus within the DLA about the level of responsibility.
A diagnostic study of CPIs in 2004 found that the primary cause of dysfunctionality was due to failure of implementation processes.
Clear that legislation cannot succeed without the adequate resources.Likelihood that CLRA Will Reach Objectives
No reliable data regarding the state of play in communal other tenure legislation especially the ESTA, LTA, the CPA Act and IPILRA.
Should engage in proper empirical research to determine the reality of the state of play in order to have a clear understanding of what is working and what is not.
Engage in proper consultation with stakeholders to develop implementable solutions.
Develop programme to empower communities to exercise their tenure rights and to understand their land administration responsibilities.How can apparent weakness be remedied?
Process for resolving disputes must be put into place. Court process will not deliver solutions
Adequate resources must be put into implementing the Act.How can apparent weakness be remedied?