The draft National Land Policy

National Land Policy Contents

List of Acronyms

1.1 Justification for the National Land Policy

1.2 Policy Vision

1.3 Land Policy Objectives

1.4 Land Policy Principles

1.5 Policy Context

2.1 Human Rights Issues and Policies

2.1.1 Gender bias in land allocation

2.1.2 Bias on the basis of place of birth or current location

2.1.3 Failure to protect private property and equitably compensate for displacement

2.2 Cultural Issues and Policies

2.2.1 Erosion of Swazi Values

2.2.2 Integration between cultural values and modern economic realities

2.3 Land Tenure Issues and Policies

2.3.1 Insecurity for increasing numbers in all tenure categories

2.3.2 Allocation rights and procedures

2.4 Land Use and Land Management Issues and Policies

2.4.1 Dual system of land tenure and land administration

2.4.2 Unplanned and uncontrolled development

2.4.3 Underutilisation and wasteful use of land

2.4.4 Conversion of high agricultural potential land

2.4.5 Lack of regulation and control of common grazing areas leading to erosion

2.4.6 Competition between wildlife and land for a limited resource

2.5 Land Market Issues and Policies

2.5.1 The land market is not working for the benefit of all Swazis

2.5.2 Underdeveloped property market and infrastructure

2.5.3 Concern over inflation of land prices beyond levels affordable to the majority of citizens

2.5.4 Land hoarding in expectation of resale windfalls

2.5.5 Farm sales occurring without notification of communities

2.5.6 Lack of capacity in the formal market encouraging informal market practices

2.5.7 Lack of access to finance for lower income groups

2.5.8 Foreign Direct Investment and foreign ownership of land

2.6 Land Administration Issues and Policies

2.6.1 Uncoordinated and inefficient land administration

2.6.2 Land-related dispute resolution

2.6.3 Outdated and overlapping land laws

2.6.4 Unresolved status of remaining concession land

2.6.5 Local-level land administration

2.6.6 Disputes over boundaries and legitimacy between competent authorities

2.6.7 Mechanism of converting rural land to urban status

2.6.8 Ineffectiveness of existing land administration structures

3.1 Legislative measures relating to Human Rights Policies

3.2 Legislative measures relating to Cultural Policies

3.3 Legislative measures relating to Land Tenure Policies

3.4 Legislative measures relating to Land Use and Land Management Policies

3.5 Legislative measures relating to Land Market Policies

3.6 Legislative measures relating to Land Administration Policies

4.1 Institutional Framework

4.1.1 An Institutional Hierarchy

4.1.2 Inter-ministerial cabinet committee

4.1.3 Public Land Management Unit

4.1.4 Rationalisation of land-related public service administration

4.2 Budgetary Implications

4.3 Land Information System

4.3.1 Land Information Management Strategic Plan

4.3.2 Financial Implications

4.3.3 Human Resources

4.3.4 Institutional implications

APPENDIX A Historical Background

APPENDIX B Current Relevant Parallel Government Initiatives

APPENDIX C Status of policies to be developed under the umbrella of this Policy

APPENDIX D Glossary

Chapter 1 - INTRODUCTION

1.1 Justification for the National Land Policy

The history of land tenure and administration in Swaziland - covered in greater detail in Appendix A - is a fundamental factor in the history of the country. The Swazis arrived within the area now constituting the Swazi state in the eighteenth century, and the early nineteenth century saw their possession of the whole of the current area. The turmoil which led to displacements of many communities throughout the region then placed the Swazis’ possession of their land under threat on numerous occasions. This regional turmoil continued throughout the nineteenth century, culminating in the Anglo-Boer War (1899-1902). During the middle and latter parts of that century, much of the land came into the possession of settlers in the form of concessions. In the early twentieth century, many of those concessions were converted into freehold. The remainder of the twentieth century has been largely spent in recovering land into the ownership of the Ngwenyama in Trust for the Swazi Nation. Now, almost three-quarters of the land area is held by this form of tenure.

Today, the economic, social and environmental pressures on Swaziland’s land resources are severe. It was for this reason that His Majesty instructed his government to formulate a land tenure policy in 1993. Pressures on the land resource include:

1. The Aids pandemic threatens Swaziland with serious social disruptions in the short term. In the land context, it is a matter of urgency that adequate support be put in place to ensure the property rights of the bereaved are protected.
2. The population has grown at a rate of about 2.6 percent per annum this century, and 2.7 percent from 1986-1997. This has resulted in a population of more than ten times that in 1904. As natural resources have been depleted since that time, the natural wealth remaining per capita is less than one-tenth that of a century ago. Our land resource is therefore much less plentiful for each of us than it was for our ancestors, yet our stewardship has not always responded adequately to these changes in circumstances. For example, although there have been periods of sustained economic growth, over recent years the rate of real economic growth - fundamentally dependent upon the land resource - has not kept pace with that of the population.
3. Around half of all Swazis, the vast majority on SNL, live in absolute poverty (1993 HDR, UNDP, 1995 CSO National Poverty Profile). For example, over a quarter of rural children less than five suffer from chronic malnutrition. Poverty can be seen as a lack of capacity to gain access to clearly defined, enforceable and transferable property rights. Enabling access to such rights in the land context is therefore one means of addressing poverty.
4. Despite Swaziland’s generally high rainfall levels, there are often severe water shortages, which are a constraint to the development of land to its highest and best use.
5. Although only around half of all SNL households own cattle, the dryland cattle stocking rate on SNL is amongst the highest in Africa. More than 50 percent of all rangeland - about one-quarter of Swaziland’s total area - is either severely or very severely eroded, much of it the land with the highest grazing potential. The rangelands’ carrying capacity has been reduced to about half the previous levels, yet they are still required to bear the same burden and the carrying capacity continues to decrease every year.
6. Commercialisation of production systems on SNL under customary administration is insignificant when compared with successes of other countries in the region in establishing viable smallholder activities on customary tenure.
7. Supplies of arable land are dwindling fast (only around 10 percent of Swaziland is arable, and much of that is under threat from inappropriate utilisation).
8. Increasingly, there are squatter encroachments onto freehold land, and threats to the freeholders. As freehold land produces most of Swaziland’s cash crops, which in turn produce much of Swaziland’s exports and provide the major base for manufacturing (the main export earner), any loss of security of tenure on freehold could prove devastating to the economy.
9. The populations of the urban areas of Mbabane, Manzini and the peri-urban areas around Manzini are expanding at a much faster rate than the general population.
10. Development projects and population pressures often require resettlement of elements of the population for the general benefit. Resettlement and compensation policies and procedures must be both efficient and equitable.

This policy is intended to address these pressures and the following issues, addressed in more detail in part two below:

• Human Rights - Gender equity and protection of property rights.
• Cultural - Protection of traditional values; integration between cultural values and economic realities.
• Land Tenure - Tenure security, dual system of tenure, land allocation and access.
• Land Use and Management - Strengthening planning control and principles; land underutilisation; inappropriate land use; strengthening management of grazing areas.
• Land Markets - The land markets are not functioning properly - that is, for the benefit of the entire society
• Land Administration - Uncoordinated land administration.

The policy is part of an integrated government initiative, not a stand-alone policy, in accordance with the short-term objectives of ESRA and the long-term vision of the NDS. That is, it forms part of a coordinated public policy framework, requiring that the doubt and contention that has dogged land matters in the past be replaced by positiveness and certainty, thereby inspiring confidence and encouraging development towards the vision of the NDS and in particular the vision of this policy.

1.2 Policy Vision

The guiding vision for this land policy is:

TO MAXIMISE BENEFITS TO THE ENTIRE SOCIETY FROM LAND ON A SUSTAINABLE BASIS.

The following are the objectives designed to achieve this vision:

1.3 Land Policy Objectives

1.3.1 To improve access to land and secure tenure.

1.3.2 To encourage the rational and sustainable use of land.

1.3.3. To improve productivity, income and living conditions and alleviate poverty.

1.3.4 To reduce land-related conflicts.

1.3.5 To develop an efficient and effective system of land administration.

1.3.6 To encourage land ownership by Swazi citizens.

1.4 Land Policy Principles

The following principles arise from these objectives. That there be:

1.4.1 Access to land for all citizens

Due to the abovementioned successes in returning much of the land to the nation, implementation of this principle is still practical in Swaziland. The level of landlessness is very low at present, but this principle needs to be stated in the face of ever-increasing pressures on the land resource and its administration. The principle recognises the fundamental role that land access, clearly defined property rights and secure tenure has to play in human development.

1.4.2 Integration of this National Land Policy with the vision and goals of the National Development Strategy

The National Development Strategy (NDS) is the long-term guide to Swaziland’s development. Therefore, a principle of this national land policy is to utilise the land resource to assist in achieving the human-development vision and related goals of the NDS.

1.4.3 Institutional coherence/alignment of land-related agencies

This deserves its status as a principle rather than simply a strategy because of its fundamental importance in achieving all the above objectives. That is, it is a fundamental principle of this policy that institutional coherence and efficiency is a necessary precondition for the achievement of all the above objectives.

1.4.4 A process of building upon Swazi culture and institutions

This principle recognises that, historically, lasting progress is built incrementally, one step at a time. Practices and institutions that encourage such growth are to be facilitated: that is, all existing use and management rights are to be recognised and modified if need be.

1.4.5 Community participation, accountability and transparency in land administration

This principle follows from the one above and the human development principles of the NDS. This policy principle is directed towards local communities taking their future more and more into their own hands, with the government being available to them to service their requirements. The principles of transparency and accountability are to apply to all levels of this process - from the communities themselves to the highest echelons of land administration.

1.4.6 Gender equity

Obstructions to the human development of any individual should not be imposed on the basis of gender or marital status. Land-related legal impediments to gender equity are to be removed. The growth towards gender equity in customary tenure is to be encouraged.

1.4.7 A process of enabling land and property markets to work

ESRA recognises the private sector as holding the key to economic growth. The effective operation of the private sector is dependent upon the establishment of clearly defined, enforceable and transferable property rights - including land-related property rights - by a legal framework, and their efficient administration through an institutional framework.

1.4.8 Optimal sustainable use of the land resource to facilitate food security

Enterprise development and natural resource management are the basic strategies towards improving food security. This policy recognises that, for many Swazis, land is the most important - and in some cases the only - means of implementing those strategies.

1.5 Policy context

This National Land Policy is being developed in parallel with a number of related initiatives. Amongst other initiatives, the policy development process has been informed through the consultative processes of the Economic Review Commission Report, the National Development Strategy (in particular, the report of the Agricultural, Land and Rural Development Sector), the Economic and Social Reform Agenda, the recent update of the National Physical Development Plan, the draft resettlement policy, the National Report to Habitat II, and the Swaziland Environmental Action Plan. A more complete list of the relevant current initiatives is annexed (Appendix B).

The Swaziland Environmental Action Plan, now approved by cabinet, contains many recommendations relevant to this policy. In volume two, the SEAP report itself consolidated the land-related recommendations of many of these initiatives in devising a hierarchy of action plans intended to structure a consistent approach to land and environmental management.

This National Land Policy has been developed from level one of that framework. That is, this National Land Policy is to provide the broad policy framework of directives to which all subsidiary policies are to conform. At each level down from the NDS, the policies become less general and more specifically use-oriented; more differentiated in their applications of policy principles, and more integrated as part of the National Development Strategy. That means, for example, that:

• The National Development Strategy provides the National Land Policy’s broad vision and policy and strategy framework; the (level one) National Land Policy has to operate within the framework of the NDS;
• Any Urban Land Policy (level two), will have to operate within the policy and strategy framework of the National Land Policy;
• Any Urban Residential Land Policy (level three), will have to operate within the policy and strategy framework of the Urban Land Policy.

The higher level policies provide the broader picture; at each lower level, the policies become more and more specific in their application of the policies.

Most of these subsidiary policies are yet to be formulated. Their respective statuses are outlined in Appendix C.

2. ISSUES AND POLICY STATEMENTS

To achieve the above vision and objectives, and employ the above principles, the following issues have been identified and policies determined:

2.1 Human rights issues and policies

1.1.1 Issue:

Gender bias in land allocation, TDL and SNL.

Existing gender biases in both social and legal contexts are firstly inequitable, and secondly inhibiting to national development. Land allocations should be based upon achieving tenure security encouraging the highest and best sustainable use of land, irrespective of the gender of the allocatee.

Policies:

2.1.1.a It is National Policy that all land-related gender discrimination in legislation or administration be prohibited under the constitution.

2.1.1.b It is National Policy that all citizens responsible for raising a family can khonta.

Under Swazi law and custom, the purpose of allocating land has been to provide a means of raising a family. There is a presumption that a husband and wife intend to raise a family, and their entitlement to khonta is based upon that presumption. However, not all of the future generation have the benefit of both parents being present, yet they must still be cared for. Consequently, any parent who can establish to the satisfaction of the competent authority that he or she is the sole caregiver for a child or children can khonta.

2.1.1.c It is National Policy that land held through khonta be considered as joint tenure for households.

As the purpose of land allocation is to raise a family, the allocated property rights should be regarded as the joint property of both parents or potential parents, as neither would have been allocated the rights without the other’s presence.

2.1.2 Issue:

Bias on the basis of place of birth or current location.

On matters of land allocation, there is currently a tendency to discriminate against fellow Swazis on the basis of their being from a different locality.

Policy:

It is National Policy that all Swazis are free to buy, lease or khonta anywhere in Swaziland.

There shall be no bias in land allocations on the basis of an applicant not being from the immediate locality. Swaziland is one nation, which means that, subject to the normal requirements to obtain tenure (purchase or lease on freehold, khonta or lease on SNL), within all of Swaziland all Swazis have the right to reside where their circumstances demand. On SNL, in accordance with customary law, the applicant must de-link from his or her former residence to khonta elsewhere.

2.1.3 Issue:

Failure to protect private property and equitably compensate for displacement.

Failure to protect property rights, whether written or unwritten, is not only an infringement of human rights, but also a direct threat to economic and social growth and well-being. The rule of law is the only avenue to protect existing rights and redress inequities.

In the land context, this failure manifests itself in four main ways:

1. Incursions by squatters onto freehold land;
2. Lack of recourse to the Farm Dwellers Act;
3. Involuntary resettlements without adequate compensation.
4. Malicious evictions on SNL without due process.

The fundamental principle of involuntary resettlement is that, within measurable, quantifiable criteria, the subjects of such resettlement should be no worse off after the resettlement than they were before. If this principle is not only both adhered to and performed in a transparent and accountable fashion, it is inevitable that both inequities and unjustified accusations of inequities will poison the process. The social and economic costs of such problems can be very high to all concerned.

Policies:

2.1.3.a It is National Policy that compensation for expropriation of ownership or of rights over land be enshrined in the Constitution.

That property rights - whether on freehold or SNL - may only be expropriated under defined legal procedures for defined legal purposes, and no law may permit arbitrary deprivation of property rights. When such expropriation takes place, the compensation paid is to fully reflect the extent of economic loss suffered as a result of the expropriation.

2.1.3b It is National Policy that in all cases of expropriation of those with a legal right of occupancy under statute, common or customary law as appropriate, the compensation should ensure that those affected are no worse off after the expropriation than they were before.

2.2 Cultural issues and policies

2.2.1 Issue:

Erosion of Swazi values in the allocation and acquisition of land.

The land resource is faced with much sterner challenges than existed a century ago; along with the diminishing of both its quality and its quantity per capita, inequitable practices such as:

• accumulation of Swazi Nation Land in the hands of a few,
• failure to discourage land uses destructive to the rights of future generations, and
• failure to enforce cultivation of allocated land
• are being increasingly encountered.

Further, the selling of SNL is occurring by those with no authority to deal in land for monetary reward, often flouting the authority of the competent authority and the Ngwenyama in Trust.

Policies:

2.2.1.a It is National Policy that no person shall usurp role and authority of the competent authority.

In areas where population pressures are becoming more intense, a practice is emerging whereby people are entering the area by direct dealings with heads of households, not the competent authority. Although catering for a demand for rental accommodation is often not available through any other means, the competent authority’s land-related rights as the representative of the Ngwenyama are to be respected at all times and under all circumstances. Consequently, all tenancies permitted by a householder are to be reported to the competent authority.

2.2.1.b It is National Policy that each eligible Swazi adult is entitled to khonta under one chief, who will be expected to allocate sufficient land for the family’s needs.

Land accumulation through marriage and kukhonta to more than one chief is to be disallowed. This is a current abuse, not a traditional practice, which can lead to good land being unavailable to those rightfully declaring allegiance to a single competent authority.

2.2.1.c It is National Policy that SNL is not to go unutilised for long periods; in particular, all available land should be utilised for the production of basic foodstuffs (including livestock) or cash crops.

Under existing law, competent authorities have both the power and the duty to "require any Swazi to cultivate land to such an extent and with such crops as will secure an adequate supply of food for the support of such Swazi and of those dependent upon him." Although this is now often an impossible task to implement within the limitations of some current holdings, the principle that all rural land should be utilised for its highest and best sustainable use remains.

2.2.1.d It is National Policy that holders of land being unused under SNL be allowed to sublease to other nationals who have the capacity to utilise the land. In the case where the landowner has not sublet, the competent authority may allocate the land to someone else for a period.

The spirit of the original allocation was to confer both rights to use the land, and duties towards its proper utilisation and care. This nexus between rights and responsibilities is to be re-established. In this respect, the first recourse of the competent authority should not be to confiscate any unutilised land, but to advise the party neglecting the land to reassign use rights to others for a limited period (if it is established through the appropriate channels that the land is being neglected). If such action by the party neglecting the land is not forthcoming, the competent authority may take the matter of a limited-term reassignment of rights into its own hands.

2.2.2 Issue:

Integration between cultural values and modern economic realities.

Cultural values and economic realities are often in conflict with one another. However, both sound cultural value systems and viable economic systems are required for any social system to prosper. It is therefore necessary to integrate the cultural value system and the market economy in a manner which will allow their mutual coexistence. There are many international examples of success in this complex endeavour, with developing countries becoming modernised, but not westernised. Many individual Swazis have also integrated their cultural values with modern economic realities.

In the land context, the main clash between cultural and market economy values is that many property rights are communal in the traditional system (with an obligation to use only what is needed and to share the remainder with others), and the market economy places an emphasis upon private property, with the property rights belonging to one person who is thereby enabled to accumulate wealth.

Policies:

2.2.2.a It is National Policy that the mortgaging of leases be permitted over SNL.

2.2.2.b It is National Policy that on SNL the approval of the competent authority, after consultation with the affected community, is required before land is released by means of a lease.

The existing property rights on SNL are held by the Ngwenyama in Trust for the Swazi Nation, and delegated to the competent authority in libandla, as representative of the community. Subject to the consent of the Ngwenyama, under market economy principles the community is therefore entitled to recompense for any alienation of such rights, and is under no obligation to alienate same unless a satisfactory agreement is reached. The community is also best placed to monitor the social, economic and environmental consequences of such leases, and learn from experience the desirability or otherwise of continuing their practices.

2.3 Land tenure issues and policies

2.3.1 Issue:

Insecurity for increasing numbers on all tenure categories.

Lack of security of tenure is limiting not only to the individual whose tenure security is threatened, but also to the economy as a whole, which loses whatever economic contribution that the individual would have been otherwise able to make. Such losses are no less real for being difficult to quantify.

Policies:

2.3.1.a It is National Policy that there be constitutional guarantees for security of tenure.

In particular and in concert with the human rights issues above that no one may be deprived of property rights except in terms of law of general application, and no law may permit arbitrary deprivation of property rights. Further, that the state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.

In particular, there shall be no compromising or challenging allowed to tenure security on the basis of gender.

2.3.1.b It is National Policy to ensure that all holders of landed property rights, including farm owners, enjoy uninterrupted use and ownership of their properties.

All property rights recognised by the rule of law are to be protected by the rule of law. Remedies exist within the social and legal framework for aggrieved parties to express their concerns. Respecting the legally recognised rights of others is a fundamental requirement for the achievement of the vision and objectives of this policy.

2.3.1.c It is National Policy that a wide range of different forms of tenure be provided, with appropriate safeguards, which will enable people to benefit from the operation of a market for land.

A wider range of clear, legally enforceable and tradeable tenure options is to be introduced into Swaziland, with a particular view to ensuring that access to secure tenure is affordable to many more citizens than the current tenure situation allows.

On SNL, these options may take the forms of leasehold, community property associations, and other forms of securing smallholder tenure for agricultural land. On TDL, options include sectional titles, leasehold, cluster subdivisions and other innovative tenure options.

2.3.1.d It is National Policy that institutional strengthening be effected as required to ensure the protection of inheritable property rights, irrespective of the form of tenure under which such rights are held.

The current rates of HIV/Aids infection mean that, unless a cure is found almost immediately for Aids, Swaziland will face an unprecedented challenge to its whole way of life. It is imperative to strengthen institutions to protect the rights of those whose rights may be challenged in any future social disruption.

2.3.2 Issue:

Allocation rights and procedures.

Insofar as land allocation rights and procedures lack the qualities of transparency and accountability, irrespective of tenure, they should be amended to allow those qualities.

Policy:

It is National Policy that all current allocation procedures be transparent, and that the allocating authorities be accountable for their decisions.

2.4 Land-use and Land Management Issues and Policies

2.4.1 Issue:

Dual system of land tenure and land administration.

Most Swazis participate in both customary and market systems to varying degrees, so an integrated approach to tenure and administration is a more realistic approach to the current situation. Moreover, land is a national resource irrespective of its tenure; consequently, national priorities must be considered in its management. A fragmented system of administration is incapable of providing the integrated management necessary to achieve the vision of this policy and that of the National Development Strategy.

Policy:

2.4.1.a It is National Policy that land be managed as a national resource through a system of land administration that transcends tenure distinctions.

Tenure is one factor that impacts upon land use, but by no means the only one. For the efficient, transparent and accountable management of the nation’s land resource, tenure distinctions must be taken as being within a broader social, environmental and economic context, and be reviewed towards enhancing the vision of this policy.

2.4.1.b It is National Policy that there be a revised management system built upon the current institutional framework, geared towards empowerment at the local level with assistance from the national level as required.

The revised institutional framework is described in Part Four. However, institutional frameworks do not solve anything by themselves. Other essential features include management systems adequate to the tasks of monitoring and evaluating policy implementation and the policies’ successes or failures in addressing land-related issues.

2.4.2 Issue:

Unplanned and uncontrolled developments.

Land settlement often occurs without consideration for infrastructure provision, and there is uncontrolled spread of informal settlements. In particular as peri-urban and rural population pressures increase, there is an increasing amount of development which pre-empts future rational land use (including cost-effective infrastructure delivery), and provides hazardous environmental health conditions. Destruction of indigenous forests for fuel wood is another consequence of unplanned and uncontrolled developments.

Policy:

2.4.2.a It is National Policy that all development of land be according to an approved plan and subject to the approval of the appropriate authorities.

A mechanism is required that is designed to facilitate growth through setting clear criteria of what can and cannot be done, and is itself transparent, efficient and accountable. Management systems are required which institutionalise dynamism through power-sharing and mutual dependence and accountability.

2.4.2.b It is National Policy that structure plans be instituted for rural and peri-urban areas based on the Agro-Ecological Zoning concept and economic criteria.

AEZs and the economic demand for produce are to provide recommendations to facilitate the highest and best rural land use within the framework of the National Physical Development Plan.

2.4.3 Issue:

Underutilisation and wasteful use of land.

Particularly where market forces cannot perform their self-regulating functions within a well-enforced governmental regulative framework, there is much underutilisation of land.

Policy:

It is National Policy that it be made more economically unattractive to leave land underutilised.

The government is committed to the principle of sustainable development - a principle with applications across a wide range of human activities, including those of both the public and the private sector. Such development requires competent management to succeed, and the maximisation of sustainable economic benefits from the land resource, for the benefit of both the property owner and the nation as a whole. Where the land resource is not being used for the benefit of the nation as a whole, appropriate measures are to be instituted to ensure same. Management systems to facilitate coordination towards the above vision are to be instituted. A well-enforced government regulative framework is required to encourage the clarity required for decision-making in the private sector, at the same time steering such market forces along sustainable paths.

2.4.4 Issue:

Conversion of high agricultural potential land.

Where market forces are not channelled along sustainable paths, high agricultural potential land can be permanently lost.

Policy:

2.4.4.a It is National Policy that good* agricultural land be protected from encroachment from other uses.

While recognising that urban expansion is inevitable and even desirable in terms of achieving the vision of the NDS, it is also true that Swaziland’s supply of arable land is scarce, and that some prime areas are under threat of permanent alienation from urban expansion. Further, arable land is often utilised inappropriately in terms of its highest and best sustainable use, sometimes in ways that lead to its degradation - in particular, erosion. The nation’s scarce supply of arable land is fundamental to its long-term future, and is to be protected accordingly. Appropriate measures to protect arable land from such alienation and degradation are to be introduced. These measures are referred to in more detail in 2.6.6 and part four.

2.4.5 Issue:

Lack of regulation and control on common grazing areas leading to erosion.

Although the current conventional wisdom is that many of the guidelines used in the region to detect overgrazing were seriously flawed, the evidence of erosion caused by overgrazing is irrefutable. A recent survey has determined that over half the common grazing area in Swaziland, including much of Swaziland’s scarce supply of arable land, is either seriously or very seriously eroded. Continuance of this erosion can only be avoided by the institution and maintenance of strong management.

Policy:

It is National Policy that both the means and the responsibility for controlling land degradation on common grazing areas be placed in the hands of the local community. All livestock grazing must be kept within the carrying capacity of the land (see the livestock policy).

Overgrazing is one result of the more general malaise of inadequate management, in particular towards long-term sustainability - especially if such management aims are seen to be in conflict with individual short term economic benefits (which are often sorely needed). Management needs to balance priorities better, so that the present generation no longer destroys the land’s potential for future generations. This requires ownership of the process to be at the local level, but facilitated as required from the national level as soil conservation is also very much in the national interest. Just as the grass strip technique has proven successful in controlling erosion on arable land, so local and national cooperation is required to control erosion on grazing land.

2.4.6 Issue:

Competition between wildlife and people for a limited resource.

Policy:

It is National Policy that wildlife conservation be provided for through allocating adequate land for the purpose.

The revised institutional framework is to be charged with ensuring that not only is the existing biodiversity to be maintained, but also be enhanced by the reintroduction of native flora and fauna as appropriate. Integrated land management is to ensure adequate provision of land for both human settlements and wildlife conservation.

2.5 Land market issues and policies

It is recognised that the majority of wealth in almost all countries is held in the form of real property. Moreover, in major ‘property’ economies, over 70 percent of new businesses are established by using real property as collateral, and a significant proportion of the remainder are established by release of the wealth previously held in real property. Without a properly functioning property market, access to that capital is constrained or even denied. Enabling real property markets to work for the benefit of the nation’s citizens is therefore of fundamental economic importance.

2.5.1 Issue:

The land market is not operating to the benefit of all Swazis. The majority of potential purchasers are excluded from the formal land market.

The formal Swaziland property market fails to serve the needs of the vast majority of Swazis. Due to the historical divide which has prevailed in land development in Swaziland, the market choice has been largely limited to either highly priced residential developments, or developing on SNL. There has been very little available in between. This contributes to making the progressive accumulation of wealth very difficult for the majority of Swazis.

There is a need for more areas where the requirements of potential property owners from low to medium incomes can be addressed, with localities providing land and infrastructure at different levels of affordability. The Urban Development Project provides one example of what is required. However, excluding that project there are only about twenty thousand land parcels lodged with the Surveyor-General, compared with a population approaching one million - about one land parcel for every fifty persons. In terms of land affordability per unit area, there is often greater potential to resolve this problem in rural than in urban areas - particularly purchases under cooperatives or joint tenure.

Policy:

It is National Policy that land markets be enabled to work efficiently and equitably - that is, for the benefit of all Swazis.

This policy is in accordance with the recommendations of the Habitat Agenda (Habitat II). Although the ability of even a properly functioning property market to service the poorest sections of the population is yet to be effected in Africa and other parts of the developing world, such a market is clearly capable of enfranchising significantly more Swazis into the market economy. Many of those who cannot be serviced by ownership of property rights can still gain access to same by rental. Moreover, such a market provides secondary benefits - such as job creation - which can assist the non-enfranchised and thereby, together with the multiplier effect, effect a broader wealth distribution. A properly functioning property market, therefore, is one which can provide benefits for the whole society, even if it is not capable of meeting all their needs directly.

2.5.2 Issue:

Under-developed property market and infrastructure (Deeds, conveyancing, surveying, valuation, etc.)

Although the government infrastructure and the private sector is reasonably well-equipped to cater for the minority that can currently afford to buy land, its capacity to deal with the greatly increased demand that a properly-functioning property market implies is limited. For example, the proposal to introduce leasehold on SNL may not be capable of implementation without significantly extending and enhancing the market infrastructure.

Policy:

It is Government Policy that a legal and administrative infrastructure be facilitated, which is capable of delivering clearly defined, enforceable and transferable property rights to as many Swazis as inexpensively as possible.

2.5.3 Issue:

Concern over inflation of land prices beyond levels affordable by the majority of citizens.

As property values are dependent upon supply and demand, the more demand there is for an item of limited supply, the higher the price will be. If, for example, one were to restrict demand by excluding foreigners, the demand will be smaller and the price of land should fall, making land available to a greater number of Swazis.

However, unless land values make it worthwhile for a developer to provide plots - that is, that the value exceeds the cost of supply of the land and services plus a reasonable margin for profit and risk - there will be no land delivery. Land of a size, location and price acceptable to the market therefore becomes scarce, and depending upon the degree of scarcity prices could shoot up - perhaps even to levels exceeding those when foreign investment was a factor, if those with the land delivery skills have left the market.

One of the attributes of properly functioning property markets is that a reasonably steady supply meets a similar demand. So although foreign demand could increase prices, a much more damaging cause is market imbalances through such causes as standards inappropriate to delivery of land to the target market.

Policies:

2.5.3.a It is National Policy that market performance towards land delivery be facilitated at price levels accessible to the target market.

It is recognised internationally that the achievement of this policy is a complex task, but nonetheless it is necessary in terms of achieving the vision of this policy. The recommended administrative framework below is to include achievement of same in its terms of reference.

2.5.3.b It is National Policy that the standards of land delivery imposed do not impede land delivery, subject to the basic standards of environmental health and infrastructure delivery.

2.5.4 Issue:

Land hoarding in expectation of resale windfalls.

Land hoarding is a symptom of both a poorly functioning land market and a lack of viable alternative investment opportunities.

Policy:

It is National Policy that a Capital Gains Tax be introduced.

Except in the case of the principal place of residence of a taxpayer, a tax is to be introduced on the unearned increment in the value of a property between the times of purchase and disposal. Consideration may be given to the rate of inflation over the period.

2.5.5 Issue:

There is a lot of concern that farm sales have occurred without notifying communities potentially affected by same.

In a properly functioning market, all parties potentially affected by a sale have means of knowing when a property is offered on the open market. Similarly, parties that could be affected by the sale of a farm should have the means of knowing that such a sale could take place. Such parties, cooperatively or individually, may be able to compete for the purchase of the land for its utilisation towards its highest and best sustainable economic use.

Policies:

2.5.5.a It is National Policy that communities are to be notified of an adjoining farm coming up for sale.

In all cases when a farm is placed on the open market, there is to be a legal requirement that the prospective vendor notifies the chief/competent authority of the intention to sell. If the community wishes to buy the property, it may seek government assistance in determining the market value of the property. However, there is to be no further alienation of land from uses other than its sustainable highest and best potential use. As is the practice in a market value transaction, the price paid is to reflect that commitment to ensure that property’s sustainable highest and best use.

2.5.5.b It is National Policy that sales of all farms are to be brought before the Land Speculation Control Board for approval before the conclusion of the contract.

In the case of the sale of a farm where there are farm dwellers on site, prospective purchasers are to state to the satisfaction of the Board how they will settle the farm dwellers before they can be allowed to buy the farm, otherwise consent/exemption should be refused.

2.5.6 Issue:

Lack of capacity in the formal market encouraging informal market practices.

Demand continues to exist even when supply does not. If land is unavailable in the formal market, it will place increased demands on the informal market, aggravating the problems of uncontrolled developments (squatter settlements).

Policy:

It is National Policy that, in addition to improving the functioning of the formal land market, government will provide means to regularise informal or semi-formal land tenure.

The tenure initiatives being taken under the Urban Development Project are to be continued in a broader context, and other means of implementing this policy are to be scrutinised.

2.5.7 Issue:

Lack of access to finance for lower income groups.

Finance without land collateral is more expensive than finance with same, placing those without the capacity to raise collateral from land at a competitive disadvantage. However, opportunities for finance are scarce with or without collateral, and international experience is showing that this need not be the case.

Policy:

It is National Policy that land ownership be utilised to improve financial access for lower income groups.

There are several international measures which have been successful in providing access to finance for lower income groups. With a view to providing a number of alternatives capable of fitting the needs of as many Swazis as possible, the viability of the most promising of these schemes must be investigated for local application. As de jure real property rights are a prime collateral for low-interest finance, access to such rights can facilitate access to such finance.

2.5.8. Issue:

Foreign Direct Investment and foreign ownership of land.

There has been little net Foreign Direct Investment (FDI), and almost no employment growth in the formal sector, since 1989. The Government cannot permit this situation to continue. Insofar as FDI is necessary for employment opportunities in Swaziland and ultimately for improving the economic welfare of all citizens, the land resource is to be utilised to facilitate such progress. While Swaziland’s small economic size makes such a policy necessary, Swaziland’s small physical size, the history of land dispossession in Swaziland, and the policy principle of access to land for all citizens must also be taken into account. A balance must be struck between these various pressures, based upon facilitating the vision of this policy.

Policies:

2.5.8.a It is National Policy that the obtaining of property rights over farming and residential land by foreigners can only be in the form of leasehold.

Such leases can be for a period up to but not exceeding 99 years. All such transactions are to be reviewed in terms of the Land Speculation Control Act.

2.5.8.b It is National Policy that property rights over commercial, retail and industrial real property be obtainable by foreign investors either as leasehold or freehold.

While cash investments can easily leave Swaziland, investments in fixed property cannot. All forms of FDI that can contribute to employment levels and the sustainable economic and social welfare of Swaziland are to be encouraged.

2.6 Land Administration Issues and Policies

2.6.1. Issue:

Uncoordinated and inefficient land administration, including hostility between responsible government authorities due to clashing and overlapping roles and differing agendas.

Uncoordinated pursuit of individual agendas can lead to stalemates and resultant inability to tackle urgent problems as they arise. There is often no formal method of resolution of such conflicts, resulting in inaction when urgent action is required.

Policies:

2.6.1.a It is National Policy that a unified, coherent, transparent and representative land administration be established, with the required technical and administrative support, at national and local level. An institutional framework is to be created which is able to decide between competing demands and determine such conflicts. This is to include a body entrusted with the authority to rationalise land allocation for various uses at national level.

Such a body, termed in part four of this document a "Land Management Authority", is to become the executive and advisory arm of the Ministry established under 2.6.1.b.

2.6.1.b It is National Policy that land administration be unified under one Ministry, as far as is practicable and efficient.

Wasteful duplication and under-utilisation of scarce professional skills in this area of responsibility must be eliminated if the vision of this policy is to be achieved.

2.6.2. Issue:

Land-related dispute resolution.

Policy:

It is National Policy that land-related mechanisms be implemented to handle land-related disputes expeditiously.

There are many contentious issues concerning land, the main ones of which are addressed by this policy. Inexpensive and expeditious means of dispute resolution are to be introduced.

2.6.3 Issue:

Outdated and overlapping land laws.

There is an accretion of legislation relating to land and the environment. This is urgently in need of rationalisation if efficient, transparent and accountable land management is to occur. Much was based upon obsolete and inequitable policies, and much has remained inactive for decades. Rationalisation, clarity and enforceability are required for improved economic performance, sustainable development and social equity.

Policy:

It is National Policy that the existing legal framework of land administration be rationalised.

A 1995 report identified seventy-nine statutes with land-related provisions, and more have been either introduced or identified since that report. While many are and will remain separate of necessity, there are other instances of legislation introducing overlapping, irrational, confusing and/or inefficient law and practice.

2.6.4 Issue:

Unresolved status of remaining concession land.

Concession land has been, and still is, a highly emotive concern in Swaziland. The continued existence of concessions has costs well in excess of its benefits. Since the Land Concession Order 15/1973 concessions have been held solely at the will and pleasure of His Majesty, which on the one hand allows land use without appropriate recompense to His Majesty, and on the other inhibits appropriate long-term development and management practices over the land.

Policy:

It is National Policy that all remaining land concessions be phased out.

The few concessions that remain - which cover less than two percent of the area of the country - exist only at the will and pleasure of His Majesty and should be brought into another form of tenure. A gazetted commission is to be instituted into the utilisation of such concessions, which is to hear submissions from the concession holders and other interested parties in public. The commission is to have the powers, amongst others, to allow sale or leaseback to the occupiers, or allow them a period (for example, three years) to wind up their operations.

2.6.5. Issue:

Local-level land administration inefficiencies.

Manifestations of this issue include:

• unclear relationships between different authorities (for example, chiefs and regional administrators);
• ambiguity of authority and control over officials;
• loss of confidence and respect for chiefs in the community;
• self-appointed chiefs;
• lack of technical support and training for land officials;
• unrealistic expectations of unsalaried authorities on SNL leading to corruption; incentive of officials to disrupt and resettle for payment;
• favouritism in land allocation.

Policy:

It is National Policy that an institutional framework be created at the local level which is able to resolve all the local-level land administration inefficiencies. This is to be through providing a clearly defined, transparent and accountable structure of decision-making rights and responsibilities.

The foundation of this framework is to be each identifiably distinct community.

In the great majority of cases, a chieftancy will be the "identifiably distinct community." In some cases, however, there is more than one such community in a chieftancy, in which case these communities will be recognised by the proposed administrative structure.

2.6.6 Issue:

Disputes over boundaries and legitimacy between competent authorities.

There have been an increasing number of boundary disputes between chiefs, which have already resulted in violence, including loss of life. Even without such tragic consequences, they are still a constraint upon development.

Policy:

It is National Policy that chiefs’ boundaries and jurisdictions be clearly demarcated, cadastralised and rationalised by a gazetted commission.

The injury and loss of life that has already occurred due to chiefly boundary disputes are a stain on the nation's character. The pressures that led to such occurrences show no signs of abating, so decisive action is required to avoid further conflicts. It is recommended that a boundaries commission be gazetted with terms of reference to include not only determination of those boundaries currently in dispute, but rationalisation of all chiefly boundaries to reflect current realities. In particular, cadastralising chieftancy boundaries should be instituted, thereby establishing clearly defined boundaries over all areas.

2.6.7 Issue:

Mechanism of converting rural and peri-urban land to urban status.

As referred to in 2.4.3, the current procedures result in confrontations between values, each usually legitimate in its own right, but formal mechanisms and criteria are not in place to guide decision-making.

Policy:

It is National Policy that peri-urban areas be defined and designated and ensure that peri-urban developments are in accord with laid-down plans.

Spatial designs for general public benefit are being pre-empted by peri-urban developments. These are completed before the relevant locality is subject to the planning controls in urban areas. The lack of legal and administrative recognition of the unique character of peri-urban development has many serious consequences, amongst which is the loss of the development potential of scarce arable land. Such structure plans are to be implemented an institutional framework involving the local communities in both the design and enforcement of same.

2.6.8 Issue:

Ineffectiveness of existing land administration structures.

Although not a universally applicable issue, several of the existing land administration structures have not coped adequately with all the increasing pressures. For example, the CRDB has been ineffective in fulfilling its briefs of controlling erosion and resettlement, and control of peri-urban settlements has also been at best only partly effective.

Policy:

It is National Policy to review the functioning of all existing land administration structures in the context of the above policy recommendations, with a view to their integrating their relationship within the proposed institutional framework.

The proposed institutional structure must ensure the implementation of this policy. The future roles of all existing land-related administration structures is to be determined upon this basis.

3. IMPLEMENTATION - LEGISLATIVE MEASURES.

3.1 Legislative measures relating to Human Rights Policies.

Re: Policy 2.1.1.a

1. Include in the new Constitution.

2. Introduce legislation to prohibit gender-based allocation and inheritance of land.

In Swazi custom, land is allocated to establish a household; in the formal legal framework, to establish clarity and certainty of title. In neither case is the fundamental purpose compromised by the removal of gender-discriminatory laws and practices. Such gender-based discrimination is contrary to the vision of this policy and is to be prohibited by law.

3. Amend the Marriage Act and the Deeds Registry Act be revised to remove gender bias.

After revision of the Marriage Act to remove the provisions instituting a wife's inferior status regarding property rights, it is necessary to revise the Deeds Registry Act 37/1968 to extract the complementary sections institutionalising gender bias. The opportunity should then be taken to make other amendments to the Act towards the better functioning of the office in particular and the property market in general.

Re: Policies 2.1.1.b & c and all policies under 2.2 - cultural issues and policies.

Revisit the Swazi Administration Order of 1998 to ensure its effectiveness in terms of enhancing the implementation of this Policy.

As part of the policy drafting process, reviewing the existing legal framework, drafting and other irregularities have been identified in this Order. These irregularities need to be rectified for the proper functioning of the Order, in particular towards facilitating the powers of the Ngwenyama in the administration of SNL .

Re: Policy 2.1.2a

Include in the new Constitution.

Re: Policy 2.1.2b

1. Replace the Acquisition of Property Act.

The Acquisition of Property Act 10/ 1961 has hardly ever been invoked, in part because of the revulsion to compulsory acquisition undertaken during the apartheid period in South Africa. However, the power to compulsorily acquire property is reserved by the state in even the most liberal of democracies. Purchase by voluntary negotiation is always the preferred option, but without such powers the state would place itself in an impossible negotiating position, and prove very expensive and obstructive to government projects. The replacing Act should allow all categories of compensation that have been upheld as reasonable in international law, and the procedures that agree with current international practices.

2. Introduce a Resettlement Bill to allow fair and unified compensation Procedures for affected citizens.

A prime consideration is that all cases of resettlement proceed along transparent and equitable lines; another, equally important, is that consistent standards of compensation are applied regardless of the ministry concerned, and that those standards ensure that the people subjected to involuntary resettlement are at least no worse off after resettlement than they were before. This Bill will need to be examined in the context of the Swazi Administration Order of 1998.

3. Research into application of Farm Dwellers Act with a view to strengthening the legislation.

The provisions of the Farm Dwellers Control Act 12/1982 as amended are clearly not being observed in many cases. The nature and extent of the problems are to be researched, preparatory to a policy declaration and subsequent statutory and administrative amendments as required.

3.2 Legislative measures relating to Cultural Policies

Re: 2.2 in General.

Revisit land-related provisions of the Swazi Administration Order 1998, including definition of roles and responsibilities of authorities and government officers.

Refer 3.1 above re: policy 2.1.1.b & c.

Re: Policy 2.2.2.a

Extend leasehold to SNL.

The 99 year leasehold concept (already being applied to SNL under the Urban Development Project) is to be extended to rural SNL. The objectives of the proposed lease introduction are to:

• Introduce a form of tenure which is bankable and promotes investment in rural production and shelter;
• Encourage the mobilization of financial resources for human settlements agricultural, commercial and industrial development in rural areas;
• Improve the living conditions of people living in rural areas;
• Promote sustainable land use management.

The 99 year lease being applied by the Ministry of Housing and Urban Development in an urban context under the Urban Development Project was drafted particularly for that context, and cannot be applied within a chiefdom without significant changes. While rural leases over SNL have already been successfully applied with large area users such as sugar estates, their application within areas under the direct control of traditional competent authorities is yet to be researched in Swaziland. However, experiences in other countries in the region such as Botswana could have application in the local context - for example, a Fixed Term Grant approach to leasehold.

It is already clear that leasehold tenure on SNL will not be applicable in all circumstances; it can never be a "wall-to-wall" solution. Even where applicable, it will not necessarily provide a complete solution towards achieving the abovementioned objectives for its introduction on SNL. Nevertheless, there are areas and circumstances where such a tenure option would provide distinct benefits, a step towards achieving those objectives both to communities and to individuals, and in such circumstances its introduction is to be permitted.

Re: Policy 2.2.2.b

1. Include in the new Constitution

2. Amend or delete section 94(2) of the current Constitution Act 50/1968 to permit mortgages over leases.

3.3 Legislative measures relating to Land Tenure Policies.

Re: Policy 2.3.1.a - Security of Tenure

1. Include in the new Constitution.

2. Remove the 1988 Decree from the statute books.

Indefeasibility of title is often a precondition for significant levels of investment. Even if indefeasibility is not a precondition, higher risks mean higher returns are required to compensate for that risk, which in turn means that less potential investments are viable. The 1988 Decree, along with other legal and procedural provisions which introduce uncertainty and ambiguity where none is necessary, should be removed from the statute books ( the Deeds Registry Act 37/1968 in the case of the Decree, and other statutes and procedures that may encourage doubt and confusion for investors) .

Re: Policy 2.3.1.b

Research into application of Farm Dwellers Act with a view to strengthening the legislation.

See 3.1 above, re: policy 2.1.2.b, part three.

Re: Policy 2.3.1.c

1. Introduce a Sectional Titles Act.

This Bill has been drafted and awaits submission for cabinet approval.

2. Introduce other alternatives tenure legislation to facilitate this policy objective.

There are several alternatives, both those suggested locally and those introduced internationally, the feasibility of which require examination in a local context.

3.4 Legislative measures relating to Land Use and Land Management Policies.

Re: Policy 2.4.1.a

Revise Human Settlements Authority Act, Building & Housing Act, and Town Planning Act.

This revision is to be undertaken by the Ministry of Housing and Urban Development, as part of implementing a physical planning policy towards streamlining physical planning and development control. A single Act is to be drafted to deal with all relevant development controls; it is to be known as the "Physical Planning and Development Control Act:" a National Development Code is to be developed based upon this proposed Act.

3.5 Legislative measures relating to Land Market Policies.

Re: Policy 2.5.1

1. Upgrade professional standards through relevant legislative reforms (Valuers Act, Real Estate Agents Act, Engineers, Architects and Surveyors Act).

Ensuring adequate professional standards is essential for private sector confidence and dynamism. A substantial proportion of most individuals’ wealth, most bank’s lending, and most investment portfolios is held in the form of rights over real property. The credibility and integrity of property-related professionals is an essential requirement for the smooth functioning of a property market.

2. Introduce a Landlord and Tenant Act and a Residential Tenancies Act to facilitate the development of the rental market.

Confidence to enter a market is facilitated with ground rules in place. A Landlord and Tenant Act in an industrial/commercial/retail context, and a Residential Tenancies Act in a residential context, can provide such ground rules and thereby facilitate ease of market entry. In consistency with the overall policy of enabling markets to work, in neither case will any form of rental or price control be entertained.

3. Amend the Land Speculation Control Act.

The Land Speculation Control Act 8/1972 is to be amended to include all relevant policy decisions under 2.5.

3.6 Legislative measures relating to Land Administration Policies.

Re Policy 2.6.2

Introduce alternative dispute resolution procedures.

ADR procedures (such as the introduction of arbitrators without legal training, and determination of disputes by experts in the field) are internationally established and relatively inexpensive alternatives to formal litigation. Internationally, they are usually appointed by mutual agreement between the disputants, often in the contexts of rental disputes or construction contracts. They have the potential to play an important role in the resolution of land-related disputes: legislation to allow their functioning in a complementary fashion to the existing legal infrastructure should be examined. Such legislation could also provide a vehicle for the recognition of the powers of traditional courts in land-related matters.

Re: Policies 2.6.1 to 2.6.8.

These policies will require a new statute for their implementation.

Re: Policy 2.6.3

Adopt such recommendations of the 1995 Report on Land-Related Legislation as are not inconsistent with the policies recommended in this policy.

4.0 IMPLEMENTATION - INSTITUTIONAL MEASURE

4.1 Institutional Framework

4.1.1 An Institutional Hierarchy, authorised by and answerable to His Majesty the King through Cabinet.

4.1.1.1 Land Management Authority (LMA):

This authority is to be a body representative of all key stakeholders in land, inclusive of the private sector, chiefs, parastatals, communities and government. It is to be established by Act of Parliament and enfold a series of specialist land committees. It is to coordinate land administration in the country and report to cabinet under the portfolio of a new Ministry specialising in Land Affairs (bringing together traditional and modern institutions) which will also provide a secretariat to the LMA. It is to advise the Minister on all land related issues.

Its responsibilities are to include:

1. Land administration, land allocation to various uses and for formulating, monitoring and evaluating policies concerning the administration and use of land, irrespective of tenure;
2. Establishing and coordinating mechanisms and capacities for managing land use planning at national level; ensuring accountability of these instruments;
3. Establishing processes for the definition and delineation of land use zones essential for the suitable development of the land resource (for example, areas of high agricultural potential, priority conservation areas, residential and industrial development areas);
4. Providing or facilitating such managerial, technical, auditing, alternative dispute resolution and all other such expertise as required by the levels below;
5. Reallocating or changing land uses as necessary; prohibiting a particular land use if it is considered to be not in the public interest;
6. Resolving land disputes brought before it, either on appeal or at first recourse, including chiefly boundary disputes. Its resolutions are to be final and binding to all, but with a right of appeal to the High Court on points of law.
7. Delegating established and proposed structures at national and local levels to deal with specific issues. F or example, the Human Settlement Authority, which is to be a member of the LMA, will retain its powers to deal with human settlement issues within the framework of the broader concerns addressed by the LMA. A revitalised CRDB will be enabled to fulfill its role concerning resettlement in rural areas, again within the broader concerns addressed by the LMA. Such specialised structures or bodies will also act as technical advisors to the Authority on matters within their purview.
8. Create and empower incentives for the creation of the Community Development Councils.

It is envisaged that the LMA direct itself to the organisation and empowerment of community based organisations of a scale and kind suitable to the existing social structures. These are to be known as Community Development Councils (CDCs). In peri-urban areas, they are to be at the scale of their futures as council wards; in rural areas, at the scale of identifiably distinct communities. The most practical scale to ensure effectiveness is to be determined during the implementation of this policy, but as there are less than four thousand rural dwellers per chiefdom on average the CDC may often be a chiefdom. However, in the circumstances where several identifiably distinct communities are found in a chiefdom, each of them would have its own CDC under the power of the chief.

Directing itself through the competent authorities in all usual circumstances, the role of the LMA concerning the CDCs are, inter alia, to assist the CDCs to:

1. Implement a macro structure plan for the area to be administered by the CDC, and in the planning of micro developments within their geographic areas of authority.
2. Coordinate the implementation of major trunk infrastructure within the CDC with other relevant ministries.
3. Review and approve the application to establish a CDC and to facilitate an application’s passage through other Government Ministries thereby providing a one-stop shop.
4. Facilitate the preliminary process of establishing a CDC.
5. Provide technical support to communities in the planning stages.
6. Promote an understanding of the concept of CDCs.
7. Facilitate the administration of Community Mortgage loans for infrastructure
8. Enter into contracts with CDCs.
9. Provide a forum for the resolution of grievances outside of the CDCs.
10. Approve changes in the community contracts.

4.1.1.2. Existing Authorities.

All existing competent authorities (including chiefs in libandla, the farm owners vis a vis farm dwellers, and the councils in urban areas) are to retain their existing authorities as expressed in the relevant legislation and/or custom as appropriate. Under all normal circumstances, communications between the LMA and the CDCs are to be through the existing competent authorities. However, in the event of any land-related dispute, an appeal lies at first recourse to the Land Management Authority and subsequently to either the High Court or His Majesty as appropriate to the context of the dispute.

4.1.1.3 Community Development Councils (CDCs)

These associations are to be the vehicles for the application of policy principle 1.4.5 - Community participation, accountability and transparency in land administration. Under this policy many responsibilities will be devolved to Community Development Councils (CDCs) which will have a membership of residents in a self-defined area. The CDCs will be registered under new legislation and will have authority within a defined spatial area, based on existing traditional boundaries where feasible. It will be voluntary for residents in an area to decide whether or not to form a CDC. Once an area has decided to form a CDC then membership will be compulsory for all residents in the delimited area.

The Process of Bringing Communities into CDCs

In keeping with the evolutionary approach, the Land Management Authority, with maximum stakeholder participation, should steer communities towards CDC status. This implies that the establishment of a community management body is the culmination of a series of steps in the process, building upon the existing administrative structure. This will require the expertise of highly trained community facilitators within the LMA with emphasis on process management and developing change capacities - not just establishing structures.

Communities will be invited to enter into a process with the guidance of the LMA. An interim management committee, representative of stakeholders in the community, will first promote the concept within the community through briefings with key leaders, through public meetings and other means. If the community is positive then, through participatory mechanisms, a land use and a development plan would be drafted. When this is accepted by the LMA the next stage will be to formally constitute the CDC. A draft constitution for the CDC will be presented at a community meeting. They will be based on a model constitution prepared by the LMA (in previous consultation with communities and drawing on international experience) and can be amended to suit local circumstances, although basic principles can not be altered. This would culminate in the election of a management body which would enter into a contract with the Land Management Authority to adhere to the constitution and to the land-use and subsequently formulated development plans.

It is expected that the incentives provided by forming a CDC will enable them to be formed on a voluntary basis. The strategy will be implemented on this understanding. There are however issues of equity if some communities do not wish to form CDCs and this adversely affects communities which have done so. For example, it may affect access to infrastructure or population growth may be over-concentrated in one area when it could be more widely dispersed. Then the policy will have to consider whether to make establishment of CDCs compulsory under certain circumstances.

Community Land Tenure and Management

The CDCs will be delegated such authority as permitted by His Majesty, the LMA and the competent authority. Therefore, there needs to be a clear definition and recognition of existing property and management rights. In this respect, it is recommended that all development rights be invested in the community, in accord with the Habitat I recommendation that the value of the development potential be captured by the community. That is, any development rights beyond those already invested in individuals be recognised as the property of the CDCs, capable of being divested to individuals with the consent of the CDC.

With the assistance of the LMA and the competent authority, the tasks of the CDCs are to include the following. To:

• Develop rules for land use within the CDC area and mechanisms for the evolution of these rules over time.
• Decide upon the nature, conditions and scope of leasehold rights to individual land holders and the incremental individuation of tenure when and if desired.
• Develop rules regarding the use of common property resources (rivers, wells, drainage, grazing land, agricultural land etc.).
• Determine methods of exchange for property rights.
• Write a constitution embodying these rules.
• Establish a general land use plan.
• Prepare a land use plan and development plan for the CDC with due regard for neighbouring developments and existing or planned trunk infrastructure.
• Determine acceptable minimum standards for the community on environmental hygiene, building regulations, disposal of sewage and rubbish, zoning, subdivisions etc. with full participation of community members.
• Develop appropriate and understandable bye-laws to enforce the above, including a grievance procedure for individual landholders and tenants.
• Create a register of land holdings and landowners using a suitably low-tech. method.
• Record within this register of land holdings and land owners the rightful inheritors of such rights in the case of the death of the present holders.
• Establish law enforcement procedures concerning:
• Settlement of boundary disputes.
• Enforcement of bye-laws.
• Enforcement of settlement laws and tenancy regulations.
• Enforcement of the development land use plan.
• Right to impose fines on settlers and tenants who do not conform to the rules.
• Right to request eviction of settlers and tenants after reference to the competent authority.
• Protection and enforcement of the inherited rights of orphans and others unable to protect their rights.

Control finances:

The CDCs can:

• Raise finance for community’s infrastructural & social development
• Administer individual loans within the Community Mortgage
• Collect monies from residents for maintenance activities.
• Purchase additional adjacent land for expansion, e.g. private farms.
• Receive subventions.
• A critical mass of individuated tenure may be required in a CDC to provide collateral for infrastructure delivery.

Constitution and bye-laws of CDCs

CDCs will have a constitution derived from a standard model constitution prepared by the LMA but adapted to local conditions if required. CDCs will also develop bye-laws which will regulate the management of the area covered by the CDC in matters such as land use, settlement criteria, development, environmental management and any other aspect which the CDC wishes to address. These bye-laws must accord with basic principles set by the LMA and cannot contravene national legislation or policy. Those eligible to be members will be all those who were residents before an agreed date in the past (e.g. 1 January 1997). The CDC will develop criteria for subsequent membership of new residents.

Composition of the CDC Management Committee.

At all times, the CDCs are to start with a composition truly reflecting the existing structure of management rights, and be incrementally developed under a time-bound management plan towards the broad principles of transparency, accountability, democracy and gender equality.

In rural areas, the competent authority or his nominee is to be the chairman of the committee, to fulfill his traditional role as the catalyst of consensus rather than the more recently imposed role of individual decision-maker.

In peri-urban areas, the composition of Community Development Council’s management committee should reflect the community’s gradual evolution towards the universal franchise that will accrue upon attaining local government status.

General Strategic Approach

The strategy is to be based on the principle subsidiarity, i.e. devolution of decision-making and control to the lowest level possible.

The Land Management Authority would assist communities wishing to enter into these arrangements by:

• Providing/accessing appropriate technical, legal and extension services. These may be provided free of charge or on a user-pays basis, depending upon the requirements and circumstances.
• Facilitating the participatory process whereby the land use plan and rules are developed.
• facilitating those elections/ballots requiring the full participation of the CDCs’ membership.
• General education of the communities on the CDC concept.
• Approve the development plan of each CDC and manage its path through other GOS ministries / parastatals should their approval be required.

Once the above matters had been resolved and approved, the CDC would enter into a contract with the LMA to adhere to its constitution and development plan for a period of, say, 10 years or until such time as the CDC wished to make amendments to the plan, bye-laws and constitution, whichever comes first.

A Process Approach

The policy will be implemented through a process approach (a continuation of the approach to policy formulation) in which stakeholders will be involved at each stage in gathering information, determining action at the appropriate level (national, community) and determining the responsibilities of actors in implementation.

Before initiating CDC development the LMA will define their areas using data available on the ground and from GIS, or by specially commissioning the preparation of such data (i.e. through aerial surveys or satellite imagery). It will then prepare a map which identifies, in a preliminary manner, potential CDC boundaries. Definition of final boundaries will be undertaken in a simple manner by communities who will identify existing natural (rivers, trees, roads etc.) and social boundaries (e.g. wards).

4.1.2 Inter-ministerial Cabinet Land Committee

A cabinet committee should be formed to continually monitor the effectiveness of the LMA in achieving the visions and objectives of this policy.

4.1.3 Public Land Management Unit

A unit under the Ministry responsible for Land for managing all public land. It must be equipped with appropriate technical staff (eg valuers and land economists, planners, engineers, etc.).

At present, there is no consolidated inventory of government land holdings. Without such an inventory, opportunities for rational management of the government's land resource are curtailed. Some government institutions are trapped in inappropriate locations, while others hoard valuable land for decades in the faint hope of its future utilisation. The opportunity costs of these and other malpractices in government land management are indefensible. The authority of the office of the Prime Minister is required to decide conflicting land claims and prioritisations between ministries.

4.1.4 Rationalisation of land-related public service administration

Bring Surveys and Registration of Deeds under one Minister together with land valuation and other governmental arms concerned with land allocation, acquisition and management (refer policy 2.6.c above).

4.2 Budgetary implications

4.3 Land Information System

For many years, governments throughout the world have become increasingly aware of the need for effective management of their nation's land resource if the economic and social needs of their communities are to be met. More recently, they are also becoming increasingly aware that good land management is dependent on the efficient gathering and production of effective land related information.

A landmark statement was that of the United Nations Economic and Social Council when it noted that an efficient land records system is a basic tool for stimulating economic and social development in both rural and urban areas, and for ensuring effective administration and planning in the public sector.

The realisation that good land resource management is totally dependent on good land records or information management, has led many jurisdictions to introduce new operational methods into areas such as survey and mapping, registration, valuation, allocation, planning and environmental management.

The use of new operational methods for land information management in essence means the application of computer technology, and an integrated, corporate approach is necessary because land information is dispersed across numerous Ministries and organisations.

4.3.1 Land Information Management Strategic Plan

The Ministries of Housing and Urban Development, Natural Resources Environment and Energy, and Justice recognized the need for a strategic plan for Land Information Management. Each Ministry wished to see an integrated approach to the issue, but was also driven by individual needs: the Ministry of Housing and Urban Development wanted better land information to support local government tax collection, physical planning and land allocation, the Surveyor General’s Department (MNRE) and the Registry of Deeds (MOJ) wanted to incorporate each others data into their existing computerised systems.

In 1994 those ministries, with the support of the Ministry of Economic Planning and Development, produced a Land Information Management Strategic Plan. The Plan is based on a functional analysis of all land information agencies, carried out by teams incorporating government officials. The report includes a development strategy and implementation plan.

Components of the Plan have since been implemented within individual ministries as part of ongoing development work. However, the integrated elements of the Plan have not progressed. In brief these are:

1. The formation of a Steering Committee, Technical Committee and User Forum, to coordinate planned development (although an Ad Hoc Committee chaired by the Ministry of Finance has met on three occasions).
2. The establishment of a Secretariat to provide technical and administrative support.
3. The planning and production of a detailed implementation plan.

National policy in this area is to facilitate progress the Strategic Plan. That is, the Government recognises the value and need for land information and its proper management, and that this requires coordination, planning and control.

As a component of the LMA the Steering Committee will provide policy guidance, the Technical Committee will oversee implementation, and the User Forum will provide feedback from users. The Secretariate, initially on a part time basis, will provide support and coordination services. It is hoped that donor funds might be secured to find a more detailed implementation plan, and to establish a full time secretariats with computer resources for the implementation period.

4.3.2 Financial Implications

No additional financial resources are required at this time.

4.3.3 Human Resources

No additional post are necessary at this time. However, a small number of staff in existing posts will be required to devote amounts of their time to tasks associated with the plan.

4.3.4 Institutional Implications

Land Information Management cuts across current Ministerial and departmental boundaries. As such, the LMA is the natural home for the Land Information System committee hierarchy. The Ministry of Finance Computer Section might be the logical home for a Land Information Secretariate, but in the interim the Secretariate can operate on a part time basis from the Ministry of Natural Resources and Energy.

APPENDIX A

HISTORICAL BACKGROUND

The nucleus of the Swazi Nation, headed by the Dlamini clan, was settled for some generations around Delgoa Bay, south of what is now Maputo, Mozambique.

The Swazi moved south, and then west along the Pongolo River around 1750, into what is today the Shishelweni Region in southern Swaziland. By about 1810 the state founder, Sobhuza I, (Somhlolo) ruled lands bordered roughly by the Phongolo in the south and the Ingwavuma in the north.

The 1820's saw Sobhuza’s settlement in today’s central Swaziland, while the 1830's witnessed the King’s steady expansion to the north as far as the Nkhomati River.

King Mswati II (1839-1865) expanded the state rapidly in the 1850's and early 1860's, until his territory was virtually double that of Swaziland today, generally the bloc between the Phongolo and the Crocodile Rivers, including today’s towns of Piet Retief, Carolina, Nelspruit and White River.

The Boers established themselves in the eastern Transvaal in 1845, and signed three major land deals with the Swazi (1846, 1855, 1866). The first two changed very little on the ground, but the third (after King Mswati II’s demise) saw continued Boer colonisation of the most westerly and northern territory, demanding labour, if not tax.

The following King, Mbandzeni (1875 - 1889), mindful of the Zulu Kingdom’s unwarranted conquest in 1879 and the subsequent dismantling of its monarchy, allowed a flood of concession-seekers into his land in the 1880's.

While the Swazis expected the concessionaires to form another layer in their feudal hierarchy, the Europeans considered their concessions to be fully transferable, for payment or otherwise, without any reference to the King’s authority.

At the same time, this decade was that of the "Scramble for Africa". Swaziland remained precariously independent until 1894, whereupon the Transvaal imposed an administration, following protracted negotiations between Britain and Transvaal Boers.

The British victory in the Anglo-Boer War saw Britain taking over Swaziland as part of the subdued Transvaal in 1902, and then proclaiming it as a British Protectorate in 1906. A census conducted in 1904 determined that the population was then just over 85,000.

The injustice of Swazis finding themselves stripped of their land through cooperation was clear. They thereby found themselves in a similar situation to the defeated Zulu -whose king was made landless as the ultimate penalty for his wars against the British. However, the settlers now had a definite interest in the land, rights granted by the Swazi King himself, and were not going to surrender them lightly. In 1904, the Concessions Act 3/1904 provided for the formalising of concessions.

The colonial administration attempted to resolve this injustice by the Concessions Partition Act 28/1907 - "an Act to provide for the setting apart of land for the sole and exclusive occupation of Swazis, and the grant of freehold or other rights to persons holding concessions in respect of land not so set apart." On the one hand, this could be seen as the opening up of two-thirds of Swaziland to commercial development and the returning to the Swazis of at least one-third of their land: on the other, it could be seen as the permanent legalisation of a contentious dispossession of two-thirds of the Swazi State.

This Act, not long after the conclusion of a traumatic and turbulent phase in the history of the region, was greeted with dismay by the Swazi rulers. Its legality was challenged by King Sobhuza II in the Privy Council in 1923. The challenge was unsuccessful. The Swazi rulers became very distrustful and conservative on land issues.

The land trauma was aggravated even further by Proclamation No 2 of 1915, controlling the purchase of land by Swazis. This was not removed until 1963, and had the effect of keeping clearly defined, enforceable and transferable property rights - fundamental to enfranchisement in any market economy - largely out of the hands of Swazis. Swazis effectively had three basic choices - stay on SNL, pay quitrent on designated urban areas, or reside without formal tenure on freehold land. In each case, their chances of present or future significant participation in the market economy were severely curtailed.

At the time of the Concessions Partition Act, fifty-eight percent of Swazis were within the one third of the land returned to the Swazi Nation, the remaining forty-two percent being on settlers’ two-thirds. These were allowed five years to move to SNL, and after that the settler could elect to remove them, or allow them to stay. Most stayed on, usually under arrangements such as providing labour for the owner for half of the year in consideration of land use rights.

The Swazis then set out on the long process of getting back the freehold and concession land. At first, funds were raised by means of levies on the wages of mineworkers sent to the mines in South Africa (the Labotsibeni Fund). In 1944, King Sobhuza founded the Lifa fund, by means of which over one hundred thousand hectares were regained, funded by auctioning one head of cattle from every herd of more than ten head. From 1940 to 1948, the British administration instituted a land settlement scheme, regaining 6.3 percent of Swaziland’s area and bypassing the traditional authorities by dealing directly with 4,000 Swazi families.

By 1950, the population of Swaziland had grown to 200,000, about 1.4 percent of whom were domiciled in urban areas. In that year, the Central Rural Development Board was established with a brief to address erosion and resettlement issues. Before independence, the British administration instituted a programme of land repurchase of farms and conversion into SNL. The reward of all of these various initiatives was that by the time of the independence of Swaziland in 1968, over half of Swaziland had reverted to traditional administration. In 1969 the Hobbs Report was tabled, investigating aspects of current and future land use in Swaziland. The land repurchase programme continued well into the independence era, so that now almost three quarters of the land is held by the Ngwenyama in Trust for the Swazi Nation.

The Immovable Property Act 46/1963 had made racially discriminatory property transactions illegal; the Farm Dwellers Act 21/1967 (reintroduced with minor modifications as the current Farm Dwellers Control Act 12/1982), provided rights to the farm dwellers which had not existed before, but also allows their removal (provided compensation was paid) for intensive development. In 1973, the Land Concession Order 15/1973 was introduced. Retrospective to 1968, it made all concessions that had not been converted into freehold subject to being held at the will and pleasure of the King, and on such terms as he may determine. Today, only about two percent of the country is held by individuals under this form of tenure, most of whom are Swazis.

By independence, the population had grown to approximately five times the population of 1904, about 5 percent of whom were domiciled in urban areas. Population pressures on the land, both of people and of cattle, were taking a mounting toll on the land quality. By 1980, soil erosion on SNL grazing land was described as being of catastrophic proportions.

Economic pressures on the land resource were also building. Supply did not match demand, and the property market only catered for the elite, with values far in excess of affordability for most Swazis. In 1972, the Land Speculation Control Act 8/1972 was introduced as an attempt to accelerate Swazi ownership of freehold title without discouraging appropriate foreign investment. More and more Swazis migrated to urban and peri-urban areas, with or without formal tenure.

APPENDIX B

CURRENT PARALLEL GOVERNMENT INITIATIVES RELEVANT TO THIS POLICY

Towards Sustainable Production and Land Rehabilitation in Swaziland (MOAC)

The National Action Plan to Combat Desertification National Action Plan (MOAC)

Resettlement / Land tenure (MOAC)

Draft Forestry Policy (MOAC)

The National Physical Development Plan (MHUD)

The draft peri-urban growth policy (MHUD)

Preparation and Production of a physical Planning policy, a Physical Planning and Development Control Act, and the National Development Control Code (MHUD)

The Study on the Extension of the 99-Year Lease Concept to Rural Areas (MHUD)

The Biodiversity Strategy and Action Plan (MTEC)

Environmental Policy, draft Bill and changes to related legislation (MTEC)

Draft Tourism Policy (MTEC)

The Report of the Commission of Enquiry into the Authenticity of Title Deeds held by Private Land Owners (MNRE)

Re-examination of the provisions of the Land Speculation Control Act (MNRE)

Water Act (MNRE)

The Codification of Customary Rights (Attorney-General's)

Poverty Alleviation (MEPD)

Population Policy and the census (MEPD)

PSMP re institutional factors

National Development Strategy

Various parallel ESRA initiatives (for example water conservation, rural settlement, social welfare, gender & women's rights . . .)

APPENDIX C

STATUS OF POLICIES TO BE DEVELOPED UNDER THE UMBRELLA OF THIS POLICY

The National Land Policy is designated as the Level One Policy. All lower level policies are to be developed within its policy framework, and consistent with the National Development Strategy and other national-level policies (for example, the draft Environmental Policy, and the Physical Planning Policy, which is being drafted at present).

Level 2.

Rural Land Policy:

To be addressed within this National Land Policy.

Peri-Urban Land Policy:

A Peri-Urban Growth Policy has been drafted, and has started the consultative process preparatory to cabinet approval.

Urban Land Policy:

To be addressed upon completion of the National Land Policy. However, structure plans are in place in most urban areas, providing a defacto spatial base for policy decisions. Moreover, a Physical Planning and Development Control Act, consolidating much current land-related legislation, is to be prepared in 1997-98.

Level 3.

Under Rural Land Policy:

Soil Conservation Policv:

Non-existent. However, the subject is being addressed within the National Action Plan to Combat Desertification.

Agriculture Land Use Policy:

A draft National Agricultural Land Use Policy was prepared in 1994, but has not been submitted to cabinet. A new draft, capturing many of the recommendations of the 1994 draft, should be prepared under this hierarchical structure.

Forestry Policy

The process of policy preparation has now begun.

Mining Policy

A working paper towards a policy has been prepared.

Biodiversity Policy

At present being addressed under the Swaziland Environment Authority (SEA).

Rural Water Policy

A policy was prepared by the Rural Water Supply Board, dated October 1994, entitled ‘Development of Rural Water Supply and Sanitation in Swaziland.’ A draft Water Act arising from this policy is currently before cabinet. It proposes a National Water Authority to administer the country's water resource in an integrated fashion.

Rural Settlement, Environmental Health and Infrastructure Policy

No official policies available. Draft policy elements appear in various documents, such as the NPDP, Maguga resettlement policy, and the draft Agricultural Land Use Policy. Resettlement is being addressed under a current MOAC initiative entitled the "Legal and Institutional Assistance to Land Resettlement Programme". A draft Resettlement Bill is being prepared under this same initiative.

Tourism Policy

A draft policy was prepared some years ago, but a new policy is currently in the process of formulation.

Rural Energy Policy

The framework for an overall National Energy Policy is currently being formulated. A task force will be charged with producing the final policy.

Under Urban Land Policy:

Residential Land Policy

An Urban Housing Policy received cabinet approval in 1993. A Plot Pricing Policy has been formulated within MHUD which should be revisited as part of this exercise and examined in the context of the obligations under Habitat II.

Commercial, Retail and Industrial Land Policy

Non-existent. However, there are several legislative (and therefore de facto) policy provisions concerning solid and industrial waste: the 1996 Solid Waste Disposal Regulations under the SEA Act are of particular relevance.

Green Belt, Urban Agriculture and Recreational Land Policy

Non-existent, save for de facto policies incorporated in existing Structure Plans.

Level 4

Under Agriculture Land Use:

Livestock Production Policy

A Livestock Development Policy has been submitted to cabinet and was endorsed in 1994. The policy provides detailed policies, principles and strategies to improve livestock production, with a strong emphasis on technical solutions.

Crop Production Policy.

Non-existent.

APPENDIX D

GLOSSARY

Agro-Ecological Zoning

A framework to organize and evaluate land resource data, including selection of alternative land uses, determination of climatic and soil requirements of these uses, the inventory of climate and soils combined in agro-ecological units, and classification into land suitability classes for the selected land uses.

Allotment

A piece of land which has been defined and beaconed as an independent entity.

Commercial Land

Land which is used, or is to be used, for a commercial purpose - that is, for all forms of the purchase and sale of goods and services. "Commercial" has two different levels of meaning - the wider, embracing all land used for a commercial purpose, including residential development sites, retail and industrial land, and the narrower meaning - land used for office accommodation, at which level it is distinct from retail and industrial land.

In this policy, when there is any doubt the term has its wider meaning - in particular, including the development of land for residential purposes, but excluding land used, or to be used, for a dwelling. Foreign investors may therefore initiate a residential development, which is engaging in commerce, but all the end purchasers of the development, who are now using the land primarily for residential purposes and not for commercial purposes, are to be citizens of Swaziland.

Degradation

A measurable and long-lasting, often irreversible, decline in the productivity of the land.

Desertification

A process identified by:

1. declining biological production,
2. deterioration in the physical environment and
3. increased hazards for human settlements and life.

Development

The modification of the biosphere and the application of human, financial and living and non-living resources to satisfy human needs and improve the quality of human life. t Development always proceeds from a state of relative globality and lack of differentiation o a more clearly differentiated, structured and integrated situation.

Environment

The atmosphere, water in all its forms, land, soil and subsoil flora, fauna, energy sources, minerals, topographical formations with energy potential, geothermal resources, living resources, landscape resources and other elements and factors such as residues, garbage, waste and refuse, noise, living conditions in human settlements and man-made products.

Farm

An area of land used for, or in connection with, animal husbandry, forestry or agriculture, but does not include:

• Crown or Government land, or
• land vested in the Ngwenyama in trust for the Swazi Nation, or
• stands, lots or erven in urban areas.

Farm Dweller

A person who resides on a farm other than:

1. the owner thereof, or
2. a usufructuary or fiduciary; or
3. a lessee under a written agreement of lease; or
4. the holder of a registered servitude which gives the right of occupation; or
5. the manager or agent of a person mentioned in paragraph a, b, c, d or c; or
6. a member of a family or a guest of a person mentioned in paragraph a, h, c, d or e; or
7. a person who is in the whole time employment of an owner if it is a condition of his employment that the owner shall provide him or his family with residential accommodation.

Freehold

A limited set of property rights held in perpetuity over a defined area of land.

Improvement

Any cultivated soil, road, dam, furrow, plantation, crop, buildings, drainage, fencing, clearing or other works or structure by which the value of the land is increased.

Land

A delineable area of the earth's terrestrial surface, encompassing all attributes of the biosphere immediately above or below this surface, including those of:

• the near-surface climate
• the soil and terrain forms
• the surface hydrology (including shallow lakes, rivers, marshes and swamps)
• the near-surface sedimentary layers and associated groundwater reserve
• the plant and animal populations
• the human settlement pattern and physical results of past and present human activity (terracing, water storage or drainage structures, roads, buildings,, etc.).

Land Tenure

The mode by which land is held or owned, or the set of relationships among people concerning land or its product.

Market economy

A set of institutions created to facilitate the exchange of legally held property. Economic arrangements arise out of voluntary and free exchange of value between individuals and/or firms. Values associated with exchanges of goods and services are set by supply and demand as registered in an uncontrolled price system. Freedom of association for economic activity is guaranteed by law. It requires a legal and regulatory system that prevents monopoly and/or collusion through restraint of trade, price fixing, government charters and other barriers.

Nation

A community of persons not constituting a state but bound by common descent, language, history, etc.

Peri-urban

Areas outside formal urban boundaries and urban jurisdictions which are in a process of urbanisation and which therefore progressively assume many of the characteristics of urban areas.

Policy

A guiding principle or course of action adopted toward an objective or objectives.

Property

A bundle of rights and relationships which give rise to entitlements. It is not that which is owned.

Property Rights

A recognised interest in land or property vested in an individual or group and can apply separately to land or development on it. Rights may cover access, use, development and transfer.

Formal property rights: Rights embodied in universally obtainable, standardized instruments of exchange that are registered and governed by legal rules, and connected to the rest of the economy so as to anchor and support the whole range of transactions that make a market economy work.

Resettlement

Any change in settlement patterns. These can be of two main kinds:

• relocation: physical shifting, which could be of dwellings, fields or common grazing and other land, or of all simultaneously;
• reallocation: a social redefinition of the relationships which determine which person or group has access to or rights over land.

Residential Land

Land which is being used for housing, or which can be developed for housing without requiring resubdivision of any kind for single unit residential development. In all other cases, the land is to be considered commercial land for the purpose of this policy until such land is developed. Residential land is therefore land where the prime current or intended purpose of its use is the provision of shelter, not engagement in commerce.

Rural Land

All land not situated in a township, village or settlement.

Settlement

The relationship between a group of people and land which they use, and which usually involves relationships between people.

Speculation

To buy or sell property rights in the hope of deriving large capital gains but with the possibility of considerable loss.

State

A sovereign political power or community. Any territory or group of territories having its own law of nationality.

Sustainable Development

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The primary objectives of sustainable development programmes are to eliminate poverty and famine, to improve levels of education and health, to encourage public participation in regional and national development and environmental management, and to reduce pressure on natural resources to sustainable levels.

Swazi Nation Land

Land held by the Ngwenyama in trust for the Swazi Nation. Either administered under customary tenure or leased.

Tenure

The method by which a property right is held. Tenure involves many relationships established among persons that determine their varying rights to control, occupy and use landed property.

Urban Land

Land situate in an area declared to be a municipality or town under the Urban Government Act No 8 of 1969.