A framework for guiding cadastral systems development in customary land rights contexts

Hull, Simon

A framework for guiding cadastral systems development in customary land rights contexts

Doctoral Thesis

2019

Abstract

Land reform in South Africa is reported to be failing, and land tenure reform in customary contexts is the least well-addressed component of land reform. To address this failure, a framework for guiding cadastral systems development in customary land rights contexts is developed. Using a research synthesis methodology, this conceptual framework is derived from existing literature. It comprises of five evaluation areas (underlying theory, land administration system context, change drivers, change process, and review process), each of which is broken down into related aspects and elements. The three interrelated goals of success, sustainability, and significance permeate the framework. It is suggested that cadastral systems development (and, by consequence, land tenure reform) projects operating in customary land rights contexts fail when they are not sensitive to the significance of development processes and outcomes for customary land rights-holders. The conceptual framework is tested and extended through a progressive case study of four examples of cadastral systems development in Germany, the Netherlands, Mozambique, and South Africa. The elements of the framework are compared against context-specific descriptors that emerge from the case studies to assess how well they have been addressed. Thus, each case brings contextual relevance to the framework, sequentially increasing its groundedness. The European cases are chosen because they are seen to be examples of ‘good practice’ for their contexts and because developments in southern Africa have drawn from and been influenced by them. Hence, they are expected to add relevant insight to the conceptual framework. The southern African cases are chosen because they reflect the intended context of application of the framework and have been undergoing cadastral systems development for the past few decades. The framework was found to be useful in highlighting strengths and weaknesses in all four cases. Weaknesses in the European cases related to their insensitivity towards human rights, class and gender issues possibly arising from assumptions about the uniformity of their socio-economic context. There was also inadequate attention given to the review processes. Strengths arose from the developed nature of the countries as reflected in their good governance and well-functioning cadastral systems. In the southern African cases, the primary weaknesses arose from the adoption of inappropriate theory of development, leading to a loss of significance of development process and outcomes. Other weaknesses are related to the lack of developing status of southern African countries, as reflected in their poor land governance and low levels of technological capacity. Strengths related to acknowledgement of human rights issues and the need to address historical injustices in the southern African cases. The resultant, grounded framework is intended to be used as a tool by policymakers and cadastral systems developers. By taking note of the framework’s aspects and elements, it is proposed that cadastral systems development in customary land rights contexts will carry significance for the land rights-holders, encouraging their adoption and embrace of the process and outcomes of development, which in turn fosters the success and sustainability of development.

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PhD / Doctoral

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