土地資源管理專(zhuān)業(yè)外文翻譯 --農(nóng)村及城市土地開(kāi)發(fā)和土地所有權(quán)制度在南非和博茨瓦納的比較

1、中文 中文 6258 6258 字外文文獻(xiàn)： 外文文獻(xiàn)： RURAL AND URBAN LAND DEVELOPMENT AND LAND TENURE SYSTEMS: A COMPARISON BETWEEN SOUTH AFRICA AND BOTSWANASusan BouillonLegal Advisor: City Council of PretoriaINTRODUCTIONFranklin D. Roosevelt

2、once said that ‘Every person who invests in land near a growing city, adopts the surest and safest method of becoming independent, for land is the basis of wealth.’ The purpose of this paper is to discuss the rural and u

3、rban land development and land tenure systems of South Africa and Botswana, and to explain their contributions to urban sustainability. DEVELOPMENT PLANNING IN BOTSWANABotswana is located at the centre of the South Afric

4、an plateau, and is bordered by South Africa on the south and southeast, Zimbabwe on the northeast and Namibia on the west and northwest. Approximately 23% of the population is in urban areas and 77% in rural areas. Botsw

5、ana has a rich tribal culture, and therefore it is not surprising that the Botswana legal system consists of local tribal courts, which adjudicate traditional matters and Tribal Land Boards, which rule on land use matter

6、s in tribal lands and traditional villages. Town Councils rule on land use matters in urban areas. The government of Botswana has adopted a system of development planning which has coped relatively well compared with oth

7、er African countries. Development planning involves the preparation of land use plans for both urban and rural areas. The practice in Botswana is that the public is made aware of the implications of land use plans before

8、 land is zoned for various uses. Public awareness and participation is of Botswana is entitled to apply for these rights. Land Boards maintain their own record or registration system and rights are not registered in the

9、central deeds registration system of Botswana, apparently to keep them more affordable. The Land Boards are entitled to issue certificates of customary grants or certificates of occupation. Provision has been made for th

10、e conversion of these certificates into titles registrable in the deeds registry once demand arises to deal with these certificates in the commercial lending market. Any change in right-holder must be reported to the lan

11、d board in order to maintain the accuracy of the record system of the land board. Shelter provision in rural areas has been on individuals initiatives. The most important prerequisite for housing development, which is ac

12、cess to land, has not really been a disturbing issue due to the fact that all male and female citizens are allocated tribal land for free, but in an effort to facilitate shelter provision in rural areas, the government i

13、ntends to introduce a rural housing programme. Land use planning is not a new phenomenon in Botswana. Past experiences and records indicate that the traditional chiefs who had authority on land have always done some form

14、 of land use planning. Formal land use planning in Botswana started with the implementation of the Tribal Grazing Land Policy in 1975, when some areas were zoned for wildlife use, others became reserved areas, while othe

15、r areas continued to be for communal use. This policy enabled individuals or groups to have exclusive use of land in areas zoned for such use. These rights are permanent, exclusionary and inheritable. They may only be re

16、voked by the land board in circumstances where the right-holder fails to utilize the land on terms specified by the land board, or fails to develop the land according to the specified purposes within five years or where

17、the land was not distributed fairly. In these instances, the land does not revert to the government but is reallocated by the land board to other applicants. This policy was therefore a major programme through which rura