1、 本科毕业论文 外文文献 及 译文 文献、资料题目： Rural and Urban Land Development and Land Tenure Systems: A Comparison between South Africa and Botswana 文献、资料来源： 网络 文献、资料发表（出版）日期： 2000.8 院 （部）： 管理 工程学院 专 业： 土地资源管理 班 级： 姓 名： 学 号： 指导教师： 翻译日期： *大学毕业论文外文文献及译文 - 1 - 外文 文献 ： RURAL AND URBAN LAND DEVELOPMENT AND LAND TENURE SY
2、STEMS: A COMPARISON BETWEEN SOUTH AFRICA AND BOTSWANA Susan Bouillon Legal Advisor: City Council of Pretoria INTRODUCTION Franklin D. Roosevelt once said that Every person who invests in land near a growing city, adopts the surest and safest method of becoming independent, for land is the basis of w
3、ealth. The purpose of this paper is to discuss the rural and urban land development and land tenure systems of South Africa and Botswana, and to explain their contributions to urban sustainability. DEVELOPMENT PLANNING IN BOTSWANA Botswana is located at the centre of the South African plateau, and i
4、s bordered by South Africa on the south and southeast, Zimbabwe on the northeast and Namibia on the west and northwest. Approximately 23% of the population is in urban areas and 77% in rural areas. Botswana has a rich tribal culture, and therefore it is not surprising that the Botswana legal system
5、consists of local tribal courts, which adjudicate traditional matters and Tribal Land Boards, which rule on land use matters in tribal lands and traditional villages. Town Councils rule on land use matters in urban areas. The government of Botswana has adopted a system of development planning which
6、has coped relatively well compared with other African countries. Development planning involves the preparation of land use plans for both urban and rural areas. The practice in Botswana is that the public is made aware of the implications of land use plans before land is zoned for various uses. Publ
7、ic awareness and participation is ensured by giving land users an opportunity to select preferred land use options from a range of options determined through the evaluation of physical and economic suitability of land resources (bottom-up approach). PROPERTY RIGHTS AND LAND TENURE IN BOTSWANA It is
8、the policy of the Government that all citizens should have easy and equal access to land. *大学毕业论文外文文献及译文 - 2 - In order to realize this, three land tenure systems have been put in place. Tribal land covers 71% of the total land area of the country. It is allocated to citizens free of charge for all
9、types of uses. State land is owned by the state and comprises 23% of the total area. Most of this land is used as National Parks, or Forest and Game Reserves within which no settlements are permitted. However, a small percentage of this land is allocated for residential purposes, particularly in urb
10、an centers. Freehold land comprises only 6% of the total area and is privately owned. Most of the government policies to date are therefore directed at tribal land. RURAL LAND Prior to independence, Botswana had established traditional ways of allocating and managing tribal land and its resources th
11、rough chiefs and communities. Soon after independence, the authority to allocate tribal land was shifted from the chiefs to the Tribal Land Boards which were established by the Tribal Land Act, but the management of the resources remains the responsibility of the users and their communities. Accordi
12、ng to this act, almost 71% of the available land is administered as tribal land according to an integrated system of customary land tenure. Although the tenurial rules for tribal land have been changed considerably by this act, it is considered a very innovative way to combine individual land tenure
13、 security with tribal land-use. The Land Boards were established for a specified tribal territory, and took over the administrative functions from chiefs and other tribal authorities. Title of the land vested in the Land Boards. The Land Boards were initially entitled to make customary and common la
14、w grants, for residential, grazing or cultivation purposes, to members of the different tribes living in the specified territories only, but since 1993 any citizen of Botswana is entitled to apply for these rights. Land Boards maintain their own record or registration system and rights are not regis
15、tered in the central deeds registration system of Botswana, apparently to keep them more affordable. The Land Boards are entitled to issue certificates of customary grants or certificates of occupation. Provision has been made for the conversion of these certificates into titles registrable in the d
16、eeds registry once demand arises to deal with these certificates in the commercial lending market. Any change in right-holder must be reported to the land board in order to maintain the accuracy of the record system of the land board. Shelter provision in rural areas has been on individuals initiatives. The most important prerequisite for housing development, which is access to land, has
