South African cadastre and indigenous land tenure by Fourie & Hillermann

A case study is presented describing how the South African national cadastral system was insufficient on its own to supply title security and land use control, with respect to newcomers to the city acquiring title in tribal areas. Land registration on its own, or even when accompanied with adjudication, does not necessarily deliver sustainable development. To ensure sustainable development, especially under conditions of rapid urbanisation within tribal areas, socio-political factors associated with land registration systems need to initially take centre stage. Adjudication needs to be accompanied by the transfer of resources to the tribe. Introduction Fourie and van Gysen (6) argue that one must go beyond technical (administrative) and/or economic factors in order to describe and analyze a cadastral system. They argue that the socio-political behaviour associated with cadastral systems must also be included in the analysis, in order to undertake cadastral reforms that are practical. In the case study presented below we will show that, because of the influence of socio-political behaviour, it cannot be taken for granted that there is an automatic link between the registration of previously unregistered land and sustainable development. The case study demonstrates that, if the socio-political factors are not taken into account, administrators cannot be sure that land registration will deliver land use control -for economic and environmental purposes, the ability to mortgage and security of tenure for the title holder. We are arguing that using land registration to deliver sustainable development requires that all three factors are taken into account, namely the socio/political, economic and technical (administrative). This approach accords with other writings in this field in broad terms with respect to getting to grips with the human angle in cadastral matters. (15; 3; 10; 5:281; 13:300; 9) It also accords with other writing on how to adjudicate and register indigenous/informal tenures. (14:310; 15:32; 7; 11:123-5) However, we are arguing that the incorporation of socio-political factors should take centre stage in the short to medium term if a land registration scheme undertaken in tribal (polity) land, for the purposes of urban development and the expansion of the city, is to deliver sustainable development. Also, adjudication needs to be augmented with additional approaches to ensure medium to long term sustainable development under these conditions. Case Study: Indigenous Land South of Durban