SEAP - Policy, Legal and Institutional Working Group Report

LEVEL TWO

RURAL LAND AND ENVIRONMENTAL ACTION PLAN

RURAL LAND AND ENVIRONMENTAL POLICY

Subject to the objectives and priorities set out in the 1.0 above, this policy (RLEP) is broadly focused within a rural context, addressing such matters as rural land tenure and overall resource management. In particular, it should spatially prioritise major land uses and rural activities. This should be reflected in the NDS and NPDP, and should include full implementation of the AEZ concept. Sector related policies, such as agriculture, biodiversity, energy, tourism, etc., including linkages and interactions, are worked out at the next hierarchical level.

2.1 STATUS OF POLICY

Non-existent

ISSUES SUMMARY

Environment

Protection of biodiversity and ecological values versus the need for food production.
Lack of rehabilitation of degraded land and inadequate soil conservation practices.
Increasing land degradation by roads, industry, settlements, etc.
Pollution of air, water and soil resources by industry, settlement and agriculture.
Role of traditional authorities inadequate in dealing with environmental matters.

Land use and management

Lack of planning and development control regulations.
Shortage of suitable arable and grazing land.
Present arable lands increasingly being abandoned, especially in the Lowveld.
Non or inappropriate use of land, notably on government and private farms.
Lack of protection and proper use of prime agricultural land.
Mismatch between land use and land suitability.
Smallholder production versus large scale commercial farming.
Lack of involvement of rural population in decisions on land use.

Land tenure

Dominant influence of the major land tenure systems on rural land policy.
Present tenure arrangements restrictive to development and investment.
Boundary disputes remaining unsolved and remediation measures ineffective.
Lack of public knowledge on tenure issues.
Lack of clarity of farm dwellers and owners rights.
Gender inequity in land rights no longer acceptable.
Unofficial and unequal distribution in land allocation.

Social and economic factors, infrastructure

Women wholly responsible for woodfuel and water collection, which goes at the expense of more important activities such as child care, health and hygiene, food preparation, education, employment and other income generating activities.
Application of free market practices in property and produce, including restructuring of marketing and other social relationships.
Low rural incomes and lack of income opportunities for the rural population.
Inadequate infrastructure (roads, transport, energy supply, communications, etc.).
Scattered human settlement patterns.

Water resources

Degradation of water catchments due to uncontrolled settlement and development.
Inadequate arrangements and legislation for water apportionment.
Lack of water for livestock, irrigation, domestic use.
Insufficient and inadequate water harvesting.

Forestry

Unsustainable use of indigenous forest and woodland resources.
Insufficient supply of fuelwood and other wood products.
Negative effects of plantation forestry on biodiversity and water resources.

Institutional/legal aspects

Responsibility for land and water divided over various ministries and departments.
Fragmented land related legislation.
Lack of reinforcement of the law in land and environmental matters.

SUMMARY POLICY PROPOSALS

The rural policy level is the appropriate level to make overall and holistic decisions for the rural environment. It is essential at this level to make linkages between the major rural subsectors and achieve a proper balance with regard to the importance, priorities, role, place and interaction of the main rural land uses.

Broad overall objectives are defined with specific relevance to rural development. The policy principles and practical policy elements form the basis of the practical rural policy. The overall policy framework allows the formulation and design of strategies to achieve the objectives.

Broad Overall Objectives:

To achieve a sustainable balance in the use of land, water and other natural resources between production systems, rural settlement and protection of the environment.
To maintain and improve biodiversity of indigenous and introduced ecosystems.
To diversify rural production systems and create new job opportunities.
To reform land tenure arrangements to ensure security and stimulate progressive land development.
To improve rural infrastructure and affordable energy supply.

Policy principles:

Land and water resources be sustainably managed and used for efficient production.
Areas of specific biologic, historic or cultural interest be reserved for preservation and recreation.
Consumption needs be integrated in the planning and implementation of agricultural production systems.
The economic rationale of farmers and households be recognized in the design of policy interventions.
Sustainable human settlement be ensured in all rural development.
Empowerment of communities and especially women be pursued in decision making and management of resources.
Subject to the inviolability of all existing property rights, property rights be devolved to the primary users of those rights (inclusive of chiefly rights on SNL).
Markets for all property rights, inclusive of rights over produce, be enabled to work as efficiently as possible.

Practical policy elements:

General

Integrated approach be pursued for land development and environmental management.
The agroecological zoning concept and land suitability be used for the planning and spatial distribution of major land uses.
Options and priorities of holistic rural development be carefully considered and decided in cross-sectoral context.
Changes in land use be controlled and regulated for optimal use of land resources and conservation of productive land.
Rural communities be actively involved and participating in the planning and decision making process on land use and resource management, in particular sources of energy.
Innovative production systems such as permaculture be introduced and stimulated.

Land tenure

The rights of all parties over land be evidenced in writing.
The potential be created for improvements in rural land practices to be rewarded by improvements in the strength of tenure.
Boundary conflicts between chieftaincies be solved in a legal and permanent manner.
Planning for sustainable use of purchased farms be pursued.

Agricultural crop production

Irrigated arable and tree crop production be further developed in areas suitable for irrigation, with preferential concentration on the low rainfall areas.
Rainfed arable and tree crop production be encouraged and developed in high rainfall areas, i.e. the suitable land of the Upper Middleveld and Highveld, and discouraged in low rainfall areas, i.e. Lower Middleveld and Lowveld.

Livestock production

Livestock production be developed in a rational balance with crop production according to suitability of the land: part of the animal production be shifted from Highveld/Upper Middleveld (high potential crop production areas) to Lower Middleveld/Lowveld (low potential crop production areas).

Forestry

Commercial plantation forestry be further developed only in Highveld areas with sufficient rainfall and low potential for agricultural use, taking care not to disturb the ecological and population balance.
Forestry be phased out in areas with high crop production potential.
Communal and commercial small woodlots be developed in areas with a need for forest products, complementary to indigenous woodlands.

Nature and wildlife reserves

Land for parks and nature reserves be selected after careful consideration of other land use options and the overall land use balance.
Very severely degraded and unproductive land temporarily or permanently be taken out of production and rehabilitated (conservation with protection).
Wildlife management areas be designated in degraded land and in areas adjacent to game and nature reserves.
Game farming be promoted in abandoned arable lands and farms with heavy bush encroachment.

Settlement and infrastructure

Rural settlement be developed as compact residential concentrations in locations suitable for infrastructural improvements.
Settlement, infrastructure and rural industries be developed on land with low potential for agricultural production.
Energy supply be closely linked with settlement and infrastructure development through integrated rural planning.
Cheap rural electricity supply be promoted to compete with other energy sources.
The effects of road construction be minimized with respect to health, environment and social structures.
Road safety be increased, especially with respect to pedestrians and the hazard of stray cattle.

Rural water resources and supply

Adequate supply and efficient use of safe water be ensured for domestic, agricultural and other rural purposes.
Sustainable distribution of water for the various rural uses be determined according to agreed priorities and defined quantities for specific zones of the country.
In the overall distribution of water for rural purposes priority be given to the development of safe water supply and sanitation for the whole population.

Policy Supportive Elements:

It may not be required to formulate a separate support policy at the rural level. Elements such as legislation, information and public awareness are already sufficiently covered at the national level, especially with regard to the relationship rural/peri-urban/urban. The lower sectoral levels are the appropriate place for working out specific supportive policies.

SUMMARY STRATEGY PROPOSALS

General strategic approach

The general strategy approach corresponds with the level one national policy.

To improve and strengthen planning, management and evaluation systems for land and land resources.
To strengthen institutions and coordinating mechanisms for land and land resources, so that they are fully able to implement policies and systems.
To create mechanisms which will ensure the active involvement and participation of all concerned (the stakeholders), particularly communities and people at the local level, in decision on land use and management.
To apply and further develop the existing framework for decision making.
To strengthen and apply the information base on the use, status and potential of the natural resources.
To ensure that policies, programmes and projects can be sustained by Government.

Planning strategy based on agroecological zoning

Practical strategies for rural land and environment are based on the defined policies. The framework for decision making and the required resource databases (Geographic Information Systems) are to a large extent already in place. This enables to make strategic decisions, based on the agroecological zoning (AEZ) of Swaziland.

The agroecological zones methodology provides 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.

The agroecological map of Swaziland provides the land resource data for land evaluation and land use planning. The distinguished agroecological units represent unique combinations of soil, terrain and agroclimatic conditions, defined by (1) the moisture zone, (2) the thermal zone, (3) the topography, and (4) the soils.

Existing land use is appraised against the suitability of the land, indicating three broad categories, namely properly utilized, improperly utilized and not or underutilized. The selection or change of the major land uses and production systems in a particular area is the central issue in rural land use planning. Once these are chosen, planning can be completed with the incorporation of the requirements for infrastructure, settlement, services, etc.

Based upon the main AEZ results an overall national strategy can be developed for major land uses. Rainfed crop production should be concentrated in the Upper Middleveld and Highveld, forestry in the Highveld and irrigated agriculture and livestock development in the Lowveld and Lower Middleveld. The specific sectoral strategies are further worked out at level three and four of the hierarchy.

Land tenure strategies are already placed at the highest (national) level of the hierarchy, but will recur at all lower levels. The land tenure system is one of the most influential elements with regard to the rural land and environment policy. A suitable and workable strategy with respect to tenure arrangements is a prerequisite for all rural development.

Land tenure

To achieve the property rights objective through the institutionalising of management and information management systems
To make an inventory of chieftaincies, including the marking of disputed areas with fuzzy boundaries and the description of tenure arrangements other than traditional communal SNL.
Agricultural crop production
To promote and develop irrigated arable and tree crop production in suitable areas, with emphasis on concentration in the Lower Middleveld and Lowveld.
To promote and develop rainfed arable and tree crop production in all suitable parts of the Upper Middleveld and Highveld. Rainfed production of most crops, with the exception of few such as cotton, to be discouraged in the Lower Middleveld and Lowveld.
To introduce diversified and more profitable production systems and change to farming systems with better returns.
To promote agro-industries and other rural industries and enterprises.

Livestock production

To develop and concentrate livestock production in those parts of Lower Middleveld and Lowveld not suitable for irrigated crop production.
To discontinue grazing in Highveld and Upper Middleveld on land with high potential for crop production, especially the severely degraded rangelands, and to shift the production to areas with low crop production potential.
To achieve a better national balance between crop production and livestock development based on land suitability. This implies a gradual shift of the main animal production from the high rainfall Highveld/Upper Middleveld to the low rainfall Lower Middleveld / Lowveld. Opportunities to be explored and utilized for expansion of the livestock production exist in the abandoned communal arable land areas and underutilized farms.

Forestry

To consider further expansion of commercial plantation forestry only in Highveld areas with sufficient rainfall and low potential for agricultural use. Care is to be taken not to disturb the ecological and population balance.
To phase out forestry plantations in areas with high crop production potential.
To prioritise and develop communal and commercial small woodlots in areas with a need for forest products, complementary to indigenous woodlands. Site selection is to be based on spatial distribution analysis and appraisal of existing forest and woodland resources.

Nature and wildlife reserves

To give high priority to further selection of land for natural parks and reserves to conserve biodiversity and promote eco-tourism, aiming at enlargement and zonal concentration of reserved areas. Careful consideration is to be given to the overall balance of land uses, land suitability and options for other land use.
To apply conservation with protection to very severely degraded and unproductive land. Such land is to be taken out of production on a temporary or permanent basis in programmes aiming at rehabilitation. Depending on the success rate and other factors it may remain reserved or taken back into production.
To introduce wildlife management areas in degraded land areas, and especially in peri-conservation zones. Selection of locations to be determined as part of integrated planning together with natural parks and game farming areas.
To promote game farming in abandoned arable lands and farms with heavy bush encroachment.

Settlement, energy and infrastructure

To gradually develop rural settlements as compact residential concentrations in locations suitable for infrastructural improvements (especially relevant to development of purchased SNL farms and resettlement).
To plan the development of settlement, infrastructure and rural industries on land with low potential for agricultural production.
To fully integrate resettlement in the overall planning of shifts of major land uses, e.g. irrigation agriculture and grazing to Lowveld and rainfed crop production towards Upper Middleveld. Such operations are to be accompanied by providing options for rural income generating activities.
To promote the short term development of community woodlots (indigenous and exotic) to improve supply and to emphasise fuel substitution or improved end-use efficiency to reduce demand.
To introduce and promote cheap electricity in long term planning to gradually replace other non sustainable sources of energy.
To develop priority programmes to alleviate the burden of fuel and water collection for women, leading to improved opportunities for child care, education, income generating and other positive activities.
To assess needs for planning, upgrading and maintenance of roads to support rural development and tourism.
To evaluate railway expansion against road network development considering relevant environmental, social and economic aspects

Rural water resources and supply

To determine sustainable distribution of water for the various rural uses according to agreed priorities and defined quantities for specific zones of the country.
To give priority in the overall distribution of water for rural purposes to the development of safe water supply and sanitation for the whole population.
To extend the provision of telecommunications to levels acceptable to the rural population.

KEY REFERENCE MATERIAL

FAO / MoAC Project Terminal report.

Land Use Planning Handbook Field document 14

AEZ Field Document 7

Hughes, A.J.B. 1972. Land Tenure, Land Rights and Land Communities on Swazi Nation Land: A Discussion of Some Interrelationships between the Traditional Tenure System and Problems of Agrarian Development. Durban. Institute for Social research Monograph No.7, Uni. of Natal.

Kuhlase, S. 1994. Land Tenure and its effects on Rural Development and the Investment Climate.Paper presented at the seminar preceding the AGM of the Swaziland Institute of Valuers, November, 1994.

Nkambule, N.M. 1983. A Diagnosis of Adverse Effects of Customary Land Tenure on Land Use in the Kingdom of Swaziland: is a Land Privatisation Policy the Answer? Master's Thesis, University of Wisconsin-Madison. Available through PS, MOAC.

United Nations The United Nations Convention to Combat Desertification: Final Text.

MINISTERIAL INVOLVEMENT

Predominantly MNRE, DPMO, MTEC and MOAC: secondarily all other above Ministries, more especially MEPD, MHUD & MEE.

PERI-URBAN LAND AND ENVIRONMENTAL ACTION PLAN

PERI-URBAN LAND AND ENVIRONMENTAL POLICY

By definition, peri-urban land deals with the "coal face" of one of the most important social phenomena throughout the developing world: rural to urban migration. It must also deal with the urban expansion based upon the natural population growth within the urban and peri-urban population. "Peri-urban" is defined as "an area [lacking in service infrastructure] immediately outside an urban boundary which assumes many of the characteristics of the urban area" (Aitken, 1995), but the phenomena referred to also occur within urban boundaries.

Essentially, the peri-urban land and environmental policy is to address the land and environment-related problems associated with the spread of urban areas.

It is recognised that the division "rural/peri-urban/urban" has fuzzy boundaries, especially the rural/peri-urban divide. The degree of applicability of this policy in rural areas will depend upon the degree to which the dominant motives for new settlements are urban-related.

STATUS OF POLICY

Non-existent, but is to be addressed under the Urban Policy initiative of the Urban Development Project (UDP).

ISSUES SUMMARY

The policy must address issues such as:

General

The projected increase of the urban population from one third to two-thirds of the population by 2025, on the back of an annual population growth rate currently exceeding three percent.
Urban encroachment on existing rural uses.
Rural/urban linkages and the interface of rural and urban policies.
The role of the peri-urban informal sector.
The current economic rationality in dwelling in peri-urban areas in:
- free use of facilities paid for by ratepayers
- not having to pay rates
- proximity to the workplace saving time and transport costs
- the relative cost in khonta-ing for peri-urban SNL compared to the cost of freehold land
- lack of legal documentation costs on SNL
- lack of development controls resulting in availability of cheap accommodation.

Management

Management mechanisms.
Public/private sector relationships such as infrastructure delivery.
Coordination of infrastructure provision such as water supply and government land delivery, in particular considering urban boundaries.
The current and future roles of peri-urban traditional authorities.
Effects on land of transfer of governance to the urban authorities under the Urban Government Policy.
Using formalisation of tenure and financing of tenure towards ensuring that the use of peri-urban land helps to establish a culture of entrepreneurship.

Changes in land use

Land supply to meet future demand, more particularly land banking.
Changes in land tenure arrangements.
Changes in land use, with special attention to permanently retaining rural as open space elements in urban areas on the best soils, and maintaining balance between urban and rural land use.

Environment

Environmental degradation and rehabilitation.
Waste disposal, in particular the use of treated urban water and sewage waste on peri-urban agricultural land.
The pre-emptive nature of much unregulated peri-urban development against the implementation of adequate health and safety standards.
Little access to protected water supplies in the informal settlement areas, leading to high incidence in diseases and mortality.

SUMMARY POLICY PROPOSALS

The peri-urban land and environmental policy has to address the two main land uses in this zone of transition from rural to urban, namely use as green belt (recreation, parks, forests, agriculture, horticulture) and as residential or industrial/commercial, and cross reference with sectoral policies.

There may be no need to distinguish subordinate peri-urban land and environmental policies. If so, the complete peri-urban land and environmental policy remains at the second level.

Broad Overall Objectives:

To provide infrastructure and tenure in response to demand, the former ensuring adequate health standards and safe services in accord with the requirements for incorporation into an urban area.
To direct and channel urban expansion and market forces towards urban amenity, the latter term including the retention of green areas.
To mitigate the problems related to spontaneous human settlements through policies and programmes that anticipate unplanned settlements.

Policy Principles:

That green spaces and vegetation cover in peri-urban and ultimately urban areas are essential for biological and hydrological balance and economic development and are to be treated as such.
Securely tenured land be made accessible to as many individual Swazis as demanded in a peri-urban context, within the parameters of affordability, costs and mandates.
The "User Pays" principle be applied to infrastructure delivery.
Peri-urban land be managed on the integrated principle of the protection of existing property rights and the incremental provision of property rights to migrants.
Protect the conservation and sustainable use of peri-urban biodiversity, including forests, local habitats and species biodiversity.
That healthy and environmentally sound agricultural activities should be integrated into the planning of peri-urban areas.

Policy Practical Elements:

Markets be enabled to work as the prime method of land delivery in peri-urban areas, particularly in reaching levels not currently catered for, i.e. the lower income levels.
Transparent, comprehensive, easily accessible and progressive taxation and incentive mechanisms be applied to stimulate efficient, environmentally sound and equitable use of land. The full potential of land-based and other forms of taxation be exploited in mobilising financial resources for service provision by local authorities.
A Land Development Trading Account be instituted, to be utilised for infrastructure and land delivery.

Policy Supportive Elements:

The following supportive elements, already identified at at national level, are particularly relevant within the peri-urban areas.

Land information systems and practices for managing land be developed and implemented, including land value assessment, and made readily available.
Comprehensive inventories of publicly held land be prepared, and develop programmes to make them available for development (or to protect them from development as the case may be).
Further develop appropriate cadastral systems and streamline land registration procedures.
Develop land codes and legal frameworks that define the nature and real property and the rights that are formally recognised.
Ensure simple procedures for the transfer of property rights and conversion of land use within a comprehensive policy framework, including the protection of the environment and, where appropriate, arable land.

SUMMARY STRATEGY PROPOSALS

General strategic approach

It would be practical to approach the peri-urban sphere with an inner and outer zone, and incorporate the concept in the peri-urban policy. The outer zone shows the first signs of urbanization, such as increased settlement for residential purposes (very often commuters) and decreased agricultural activities. The inner zone is characterized by a variety of non rural activities, often non controlled and leading to conflicts over land use, land tenure, etc. Proper planning in the outer zone would have a positive effect on the development in the inner zone. Inner and outer zones shift outwards.

The dynamic over these zones can be divided into three stages:

PRIMARY STAGE:

definition of all property rights. The de facto rights on all land, including freehold, will be made de jure unless they conflict with existing de jure rights. In the peri-urban context, that may be based on the assumption that no urban development rights will be assumed to the owner of peri-urban land. The rights then not expressed de jure reside with His Majesty.
Define which areas are to have which uses in the future. For example, some localities may be retained as green areas, others used for low cost housing, and so on.
Once these rights and structure plans are clarified, policy can be effected. The government could then direct market forces towards policy implementation by the zoning-restricted trading or non-trading of the relevant property rights.
In addition to this prime approach, a government land bank could be maintained in the peri-urban areas, and earmark which property rights will never be exercised.

SECONDARY STAGE:

Utilise the peri-urban land so purchased in a way that will assist the development of a culture of entrepreneurship, and in enhancing the environment. For example, as towns already have the transport infrastructure, model farms to teach relevant economic and environmental skills and land uses could be located on land designated to be retained as a green area, or only developed in the long term. Further, the government should offer other land for fixed-term lease until required. Informal settlements in inappropriate areas should be pre-empted by such utilisation.
The peri-urban land to be developed in the medium term should be provided with subdivisional plans, the sites delineated by intermediate tenure, and a certificate of occupancy granted with the holder of that certificate having first right of refusal upon the government's offer of sale when services and full tenure are established.

TERTIARY STAGE:

Using the skills and experience now being gained through the Urban Development Project, and examining other possible options consistent with encouraging a culture of entrepreneurship, supply infrastructure and regularise tenure.
For areas not included in the UDP, such development could occur by releasing unoccupied land for private development.
Government development could be financed through a Land Development Trading Account a rolling fund, whereby the government develops land using land-created wealth, which funds are then repaid to the fund when the land is sold. This way, the land can be developed at the most economic cost, without having to incur interest charges. The land can then be sold at market value with a proportion of the plots being available on proportional tenure (Mc Dermott, 1996) to those who cannot afford the market price (depending upon the profitability of the subdivision).
By facilitative legislation based upon principles of land economics, facilitate the emergence of a well functioning land market in the peri-urban areas. "Well-functioning land markets can be recognised by the ease of entry and the ease of performing transactions, both of which depend on the availability of adequate land information, secure tenure arrangements, and appropriate registration/recording mechanisms. Thus...land markets work well where these conditions are present in some degree and do not work when they are absent" (Farvacque, 1992, p.1).

Practical strategy elements

It is necessary that a single authority be formed which has the authority and ability to coordinate this process. Moreover, this land management authority requires a broader view than simply peri-urban areas, in order to be proactive. If it were to focus solely upon peri-urban land, its management would of necessity become reactive.
At the peri-urban level, an integrated functioning of the Natural Resources Board, the Human Settlements Authority, and the Environmental Authority is called for. Further, it is essential that the traditional authorities on peri-urban SNL become part of the process of change.

Community participation strategy

Community participation would be the key to implementation of the above general strategic approach. The communities in situ would be educated by the proposed authority to ensure that new immigrants comply with the general strategy, insofar as it would be seen to be in the best interests of both the in situ communities and the new immigrants. The form that this community participation would take is a subject of the further development of this policy under the Urban Development Project.

Supportive strategies

To provide clear and enforced procedures and guidelines to be followed by peri-urban migrants, including delegated areas to settle.
To institutionalise mechanisms which will allow the recognition of incremental property rights, the intermediate definition of survey boundaries and so on (as required by the general strategy) as way stations towards stricter and more formal tenure.
Establish pilot areas of land to test policies and their implementation.
Land Information Systems, incorporating the regular use of aerial/satellite photography, to monitor the adherence of settlements to the strategy.

KEY REFERENCE MATERIAL.

Habitat II. 1996. The Habitat Agenda.

Lukhele, S. 1985. Customary Control over Residential Development in the Peri-urban Area of Manzini, Swaziland. Master's Thesis, University of Sydney. Available through the Director of Housing and Human Settlements, MHUD.

MNRE, USAID, Urbanisation in Swaziland: Challenges of the 90's (Two Vols.) A UNDP, WB. report on a National Level Conference held 14-16 May, 1990

MHUD 1996. Habitat II: National Report for Swaziland. Prepared for the "City Summit," Istanbul, June 1996. Refer HRDO, MHUD.

2.2.4.0. MINISTERIAL INVOLVEMENT.

Predominantly MHUD with the relevant urban authority, MoAC, MNRE, MTEC.

URBAN LAND AND ENVIRONMENTAL ACTION PLAN

URBAN LAND AND ENVIRONMENTAL POLICY

The urban land and environmental policy (ULEP), is broadly focussed on the urban context, and again subject to the NLEP, and provides the policy basis for structure plans, the urban property market, environmental practices, and government land management and allocation. "Urban" refers to the definition in the settlement hierarchy of the NPDP.

STATUS OF POLICY

Non-existent. However, structure plans are in place in most urban areas, providing a de facto base of policy decisions. These should be reviewed upon the adoption by cabinet of any such policy.

Further, a related policy the Urban Government Policy has received cabinet assent, and a layman's draft of a new Urban Government Act and Regulations to implement same has been prepared. Moreover, a Physical Planning and Development Control Act, consolidating much current land-related legislation, is to be prepared in 1997.

ISSUES SUMMARY

Environment, land use and resource management

The threat to the urban environment without adequate channelling of market forces.
Uncontrolled urban growth pre-empting implementation of any overall vision for the towns.
Lack of protection of biodiversity for example, harvesting indigenous trees to fuel fires in urban areas.
Shortage of health facilities in informal settlement areas.
Lack of enforcement of the Natural Resources Regulations 1951, freezing development for 33 metres both sides of stream banks.
A general shortage of suitable land for schools and sporting facilities.
Inadequate infrastructure, in particular road networks and maintenance.
Increasing pollution and lack of green spaces resulting in environmental health hazards.
Inadequate water supply, sanitation and service delivery in a large proportion of the urban milieu.
Solid waste disposal practices that make it expensive to implement resource recycling.
Air pollution from commercial and domestic incinerators.
Inefficient exploitation of exotic timber reserves in urban areas.

Land tenure, land economics, population

Lack of enough land at the right price, with the right amenity and in the right location.
Government land allocation practices and plot pricing policies inimical to the emergence of a properly functioning land market.
Urban revitalization required in some areas where market activity is pre-empted by a clash between existing tenures and current commercial and planning requirements.
Increasing homelessness and expansion of squatter settlements.
A widening gap between those with property rights and those without, with concomitant crime, unemployment and underemployment.
Private sector resistance to government land regulations.
Regulations are not at the minimum level compatible with both the easy access of housing to services and the preservation of community wide interests and the environment.
Market mechanisms that stand in the way of market accessibility to the poor because of their high costs and slow delivery of services.

SUMMARY POLICY PROPOSALS

Broad overall objectives:

To provide well-functioning, safe and environmentally healthy urban areas with infrastructure and amenities appropriate to the various use types, as affordable as practicable to all income groups.
To allow the fullest possible expression of short-term market forces within the parameters of a socially, economically and environmentally desirable and sustainable long-term framework.

Policy principles:

The emergence of a properly functioning property market be facilitated, in particular for those having no option to illegal settlement due to insufficient property allocation mechanisms.
Departure from market value is prima facie evidence of inequitable resource distribution.
The institutions and instruments that provide for the management and operation of urban land markets be based upon the principles of equity, efficiency, flexibility and participation.
Medium density developments be encouraged in limiting the per capita influence on the natural environment in general.
Pollution not be allowed to enter the public domain without cost to the polluter.

Policy practical elements:

Maximum utilisation of infrastructure be promoted by encouraging densification from low to medium density, for example including allowing 2-3 storey buildings for urban schools.
Legal instruments, such as the UDP's 99-year lease, be used to facilitate the integration of the urban poor into the legal city, and work towards an integration of formal and informal systems of tenure.
Structure plans designed to be responsive to the needs of the whole range of socio-economic urban residents.
Participatory systems of adjudication and dispute settlement be developed for urban residents, including landlord/tenant disputes.

Policy supportive elements:

Institute professional land management, enabling sensitive monitoring and evaluation of policy implementation.
Develop transparent, simple and fair administrative processes and procedures to handle urban land and environment issues and involve private sector actors in the process.

SUMMARY STRATEGY PROPOSALS

General strategic approach

To develop and support improved land management practices that deal comprehensively with potentially competing urban land development requirements for housing, retailing, commercial, industrial, transportation, green space, agricultural, protected areas and other vital needs.
To improve structure plans and government land allocation procedures to ensure the provision and reservation of areas for public facilities such as schools, health and recreational areas, as required according to population density projections.
To review the urban planning and management framework towards ensuring its capacity to fulfill the above objectives.

Practical strategy elements

As far as it is practical, the local authorities, in cooperation with NGO's and the SEA, are to be used to educate the public concerning sustainable development and the impacts of individual behaviour upon the environment. The first step in this strategy, therefore, is to ensure that local authorities attain the capacity to perform this role through a strong relationship with the SEA.

Local authorities to license firewood vendors and limit the fuel species for sale to exotic species.
Local authorities to discourage, as they deem appropriate, the use of domestic and commercial incinerators, and in particular the burning of toxic/carcinogenic substances (eg some plastics).
Local authorities to ban the burning of grasslands without a permit.
The subdivision approval process to include cognisance of what vegetation is going to be affected by the development.

Supportive strategies

To confer legal powers at community level to undertake some land management tasks.
Introduce a land and housing market assessment system as soon as possible.
SEA to advise local authorities re bye-laws, and environmental issues within their purview.
Local government to ensure strict compliance with building regulations on major projects, which supportive strategy involves a review of current practices.
The establishment and legal recognition of professional and technical level institutes and associations to self-monitor and regulate commercial and environmental behaviour in land-related disciplines.
Government to review and if accepted establish procedures to enforce the existing dormant provisions of the Land Tax Order No. 35 / 1974 and the Town Planning Act No. 45 / 1961(refer "Status of Policy" above, last sentence).
Local authorities to implement the land-related recommendations of the Urban Government Policy.
Allocation principles for government land to be reviewed to enhance property market performance, and to enable equitable and transparent land distribution.

KEY REFERENCE MATERIAL.

Aitken, C. & 1994 "Report on Land Resource Management" by ODA for

Gregory, T. the Government of Swaziland (MHUD).

Habitat II. 1996. The Habitat Agenda. Nairobi. Habitat.

Fisher, R., & ors. 1991. Urban Land Management and Land Information Management in Lesotho, Swaziland and Lahore, Pakistan (4 vols., Swaziland Vol. 3). Research Project R4432A for Overseas Development Administration, Polytechnic of East London, London.

Mabogunje, A. 1994. "Urban Land and Urban Management Policies in sub-Saharan Africa" Urban Perspectives. Vol. 4, No. 2, February 1994. Extracted from Perspectives on Urban Land and Urban Land Policies in sub-Saharan Africa, published as technical Paper No. 196, of the World Bank.

McAuslan, P. 1985. Urban Land and Shelter for the Poor. Earthscan (IIED). London.

MHUD Burrow No.1. 1993. John Burrow & Partners Swaziland / Euroconsult "Technical Report 1 Volume 5 Institutional Review, Land Management, Land Tenure and Survey" , Mbabane, January 1993.

MHUD Burrow No. 2. 1993. John Burrow & Partners Swaziland / Euroconsult "Land and housing Market Study" , Mbabane, May 1993.

MHUD 1996. Habitat II: National Report for Swaziland. Prepared for the "City Summit," Istanbul, June 1996. Refer Housing Research & Development Officer, MHUD.

MHUD 1993. Statement of Sectoral Policy. September, 1993. Refer DHHS, MHUD.

World Bank 1993. Housing: Enabling Markets to Work (A World Bank policy paper ISSN 1014-8124). Washington. World Bank.

MINISTERIAL INVOLVEMENT

Especially MHUD inclusive of strong representation from local government authorities, but also MTEC, MNRE and MEE: MoAC, particularly in the context of urban agriculture and utilisation of green corridors and belts within the expanded urban areas (refer 3.3.3.0. below).