Hi
I’ve checked on the Planning Doc’s Archive section of the KZN CoGTA website but unfortunately the presentation made on planning in KZN Traditional Authority areas at the PDA Forum has not been loaded as yet. Therefore may you please help me and explain to me the difference between Ingonyama Trust Board areas and KZN Traditional Authority areas?
I know that Ingonyama Trust Board areas are those areas held in trust on behalf of the King and that there are traditional authority areas on Ingonyama Trust Board areas. However, looking at the map showing these two areas (see attached pdf showing Umgungundlovu District Municipality, eThekwini Municipality, Ugu District Municipality, Sisonke District Municipality and Ilembe District Municipality), I noticed that some KZN traditional authority areas are not located on Ingonyama Trust Board areas and there are some Ingonyama Trust Boards areas that do not have traditional authority areas on them.
My understanding is that when planning in an Ingonyama Trust Board area, the first stakeholder to consult is the Ingonyama Trust Board. Is this correct?
When planning in a traditional authority area that is not on Ingonyama Trust Board land, who is the first stakeholder to consult? Will it be the name that appears on the title deed for that particular property/properties, the traditional authority or will it be the municipality? What is the procedure to be followed?
The second part of my question relates to the assumption that Ingonyama Trust Board areas and KZN Traditional Authority areas are rural. Looking at the map showing Ingonyama Trust Board areas, KZN Traditional Authority areas and urban areas as identified by DRDLR’s “Urban Edges” study (2009), there are urban settlements located on Ingonyama Trust Board areas and KZN Traditional Authority areas. Who is responsible for the planning of urban settlements within these areas? Who decides that these areas should either be rural or urban? Is it the municipality?
Thank you.
Regards,
Alka
Hi Peter
Thank you for the reply. :)
If we had a definition for “urban” and “rural”, it would make life easier. A planner put forward that we should not worry about definitions but rather work with how areas are managed as urban areas are managed differently from rural areas. However, from an infrastructure perspective, this is not always the case. It also has to be recognised that sometimes and especially if no thought has been given to what the character of an area should be and should become, the provision of infrastructure in terms of meeting needs is a catalyst for an area to change character.
What are the traditional uses of land? Are there any schemes in KZN that include traditional uses? Would some traditional uses be identified in the KZN land cover dataset? How does one distinguish between a traditional use of land and a “current” use of land e.g. pastures? Sorry, if what I’m asking is sounding really silly.
Would an area that has traditional uses and traditional planning require bulk infrastructure?
Thank you.
Regards,
Alka
And further to my questions below, do traditional uses and traditional planning only occur on Ingonyama Trust Board Areas and Traditional Authority Areas or can they occur elsewhere as well?
From: Alka Ramnath
Sent: 19 December 2012 11:19 AM
To: 'KZN...@googlegroups.com'
Cc: 'Peter Newmarch'
Subject: RE: What is the difference between Ingonyama Trust Board Areas and KZN Traditional Authority Areas
Hi Peter
Thank you for the reply. :)
If we had a definition for “urban” and “rural”, it would make life easier. A planner put forward that we should not worry about definitions but rather work with how areas are managed as urban areas are managed differently from rural areas. However, from an infrastructure perspective, this is not always the case. It also has to be recognised that sometimes and especially if no thought has been given to what the character of an area should be and should become, the provision of infrastructure in terms of meeting needs is a catalyst for an area to change character.
What are the traditional uses of land? Are there any schemes in KZN that include traditional uses? Would some traditional uses be identified in the KZN land cover dataset? How does one distinguish between a traditional use of land and a “current” use of land e.g. pastures? Sorry, if what I’m asking is sounding really silly.
Would an area that has traditional uses and traditional planning require bulk infrastructure?
Thank you.
Regards,
Alka
From: Peter Newmarch [mailto:newm...@land-surveyors.com]
Sent: 19 December 2012 10:45 AM
To: KZN...@googlegroups.com
Cc: Alka Ramnath
Subject: Re: What is the difference between Ingonyama Trust Board Areas and KZN Traditional Authority Areas
Alka
Peter is absolutely correct,
The Ingonyama Trust is a land owner whereas a traditional authority is a form of local governance.
The KwaZulu Government transferred all land that belonged to KwaZulu to the Ingonyama Trust shortly before it was dissolved.
The Ingonyama
Trust was established on 24 April 1994 and the KwaZulu Government was dissolved
on 27 April 1994. The KwaZulu Government
therefore only administered the Ingonyama Trust for 3 days.
The Ingonyama
Trust has been administered by the Department of Rural Development and Land
Affairs since 27 April 1994.
Not all
traditional authorities were located land that belonged to the KwaZulu
Government so they do not all reside on Ingonyama Trust Land. Some of them reside on other forms of state
land and some of them reside on private land.
Not all
Ingonyama Trust land has been allocated to a particular traditional
authority. That does not necessarily
mean that the land is vacant. There may
be people living on the land and they may associate themselves with a
particular traditional authority. It
could simply be that the land is not proclaimed as a traditional authority
area.
More land (mostly
state land) has been added to the land held by the Ingonyama Trust since the
KwaZulu Government was dissolved. The
trend is likely to continue.
A land owner's
consent is required before an application for development may be made. The land owner is therefore always a good
starting point as suggested by Peter.
The land owner will bring a developer in touch with the community that
is residing on its land, if it is not vacant land.
The Ingonyama
Trust Act, 1994 (KwaZulu Act No. 3 of 1994) tried to distinguish between urban
and rural areas by distinguishing between land that forms part of a township
and land that does not form part of a township.
The distinction does not really work because as a matter of principle,
the Ingonyama Trust Land Act does not alienate any of its land. No townships are established on Ingonyama
Trust Land because individual ownership is not permitted.
I am not sure
why the distinction between urban and rural land matters from a planning point
of view. I can understand why the
Ingonyama Trust Land does not want to create townships but that does not matter
from a planning point of view. The land
is leased instead of alienated and a compilation plan is approved by the
Surveyor General instead of a general plan.
A layout plan is required for planning purposes, irrespective of the
land tenure arrangements.
Rural land uses
is a different story altogether. There
are regional and sometimes even seasonal differences. Land may change use and use right may change
from individual to communal with the seasons.
That is why we did not require land use rights to be aligned with
cadastral boundaries under the PDA and why "local approach to land use
management" has expressly been identified as a relevant consideration that
a municipality must consider when it prepares land use scheme.
In my
experience, there are not really unique land uses in traditional areas. What is sometimes unique is the dynamic
nature of the use of land and patterns of land use as explained.
With regard to your second question,
Traditional land uses and traditional planning most certainly occur on land that is neither Ingonyama Trust land nor land that is administered by a traditional authority.
The Edendale area near Pietermaritzburg, large parts of Inanda near Durban and vast land owned by the Catholic Church and other private organisations are prime examples. If you look at the actual development on the land you cannot tell the difference between it and Ingonyama Trust land administered by a traditional authority.
You mention that “No townships are established on Ingonyama Trust Land because individual ownership is not permitted.” (last sentence in 10th paragraph in email below). In the maps I attached in my initial email, portions of Mpophomeni, Mandini, Richmond and Gamalake are shown to be on Ingonyama Trust Board and they have erven. The map (3rd map in the pdf) therefore shows that there are portions of townships on Ingonyama Trust Land… Does this mean that townships can be established on Ingonyama Trust Land?
The distinction between urban and rural does matter from a planning perspective if one is looking at the relationship between uses on the land, the character of the land and more immediately, the type of infrastructure investment. I may be battling with this because in my mind, I assume rural to have smaller densities than that found in urban areas and whereas urban areas are compact (I understand that this is relative if one looks at international examples of urban areas), those who live in rural areas are spread out. However, I am aware that there are settlements in rural areas that have high densities but then the question is, are these settlements still rural or are they urban? And if the source of livelihood for these settlements are primarily grants and not the land which is something I associate with the term rural, can these settlements be called rural because the main economic activity is not a primary activity?
From: Gert Roos [mailto:gert.r...@gmail.com]
Sent: 19 December 2012 02:45 PM
To: KZN...@googlegroups.com
Cc: Alka Ramnath
What are traditional land uses?
From: Gert Roos [mailto:gert.r...@gmail.com]
Sent: 19 December 2012 02:54 PM
To: KZN...@googlegroups.com
Cc: Peter Newmarch; Alka Ramnath
Subject: Re: What is the difference between Ingonyama Trust Board Areas and KZN Traditional Authority Areas
With regard to your second question,
Traditional land uses and traditional planning most certainly occur on land that is neither Ingonyama Trust land nor land that is administered by a traditional authority.
The Edendale area near Pietermaritzburg, large parts of Inanda near Durban and vast land owned by the Catholic Church and other private organisations are prime examples. If you look at the actual development on the land you cannot tell the difference between it and Ingonyama Trust land administered by a traditional authority.
And Ndwedwe? That’s on Ingonyama Trust Board land. I stand to be corrected but my understanding is that Ilembe are planning to make Ndwedwe into a “formal town” (with waterborne sewer) with a defined urban edge. How would that work?
From: Gert Roos [mailto:gert.r...@gmail.com]
Sent: 19 December 2012 03:41 PM
To: KZN...@googlegroups.com
Cc: Gert Roos; Alka Ramnath
Subject: Re: What is the difference between Ingonyama Trust Board Areas and KZN Traditional Authority Areas
Tricky,
Regarding the urban and rural question:
The government appears to have adopted a policy to provide services wherever people are. There are also a lot of second homes and holiday resorts in areas that used to be rural areas. The distinction between urban and rural land have therefore disappeared.
All land appears to be urban, except for nature reserves, commercial farms and maybe a few others.
I have sympathy with the policy because I don’t want people to struggle without services or move to areas where they have no social connections but I don't think the policy is financially sustainable and we are destroying the landscape character in some places in the process.
I believe we need growth boundaries and need to create cities, towns and villages instead of spreading development out over the whole province and gradually densify it over time as our population grows.
I predict massive infrastructure failure in the long term because maintenance appears to sometimes be an afterthought.
Hi Alka,
The following is something I
previously put together on the KZN Ingonyama Trust
Act. I hope it clarifies rather than confuses!!
Other than for Ndwedwe, I believe Folweni is another
example of a non-R293 township and which would not
originally have been transferred over to the local
authority. However as I read the Act it would not
apply to them. Gert would you like to comment further?
Wishing all a merry
Xmas,
John
1) KZN Ingonyama Trust Act 3 of 1994 (as amended by the KZN Ingonyama Trust Amendment Act No 9 of 1997)
The KZN Ingonyama Trust Act established the Ingonyama Trust Board which consists of the Ingonyama (or King) or his nominee (who act as the chairperson of the Board), four members appointed by the Minister for Rural Development and Land Reform (previously was the Minister of Agriculture and Land Affairs) after consultation with the Ingonyama, the Premier of KZN and the chairperson of the House of Traditional Leaders of KwaZulu-Natal, and four members appointed by the Minister for Rural Development and Land Reform with due regard to regional interests, in consultation with the Premier, i.e. nine members[1] in total
The Board is required to administer the affairs of the Trust and the trust land and may decide on and implement any encumbrance, pledge, lease, alienation or other disposal of any trust land, or of any interest or real right in such land for the benefit, for material welfare and social well-being of the members of the respective tribes and communities as contemplated in the KwaZulu Amakhosi and Iziphakanyiswa Act, 1990 (Act 9 of 1990).
The Board may not encumber, pledge, lease, alienate or otherwise dispose of any of the land or any interest or real right in the land, without first obtaining the prior written consent of the traditional authority or the community authority concerned.
The Act does not apply to: -
· land in a township (established and approved or proclaimed as such in terms of any law),
· private land, or
· land used for State domestic purposes prior to 24 April 1994.
If any group of pieces of land, or of subdivisions of a piece of land, which vests in the Trust, is combined with public places and used mainly for residential., industrial, business or similar purposes, the Board may after consultation with the Premier request the competent provincial authority to declare or proclaim such land a township.
Any allocation, transfer, alienation, mortgage or other transaction in respect of tenure rights relating to land effected during the period 24 April 1994 to the date of commencement of the Amendment Act, 1997, in terms of: -
§ the Regulations for the Administration and Control of Townships in Black Areas (Proclamation R.293 of 1962);
§ the KwaZulu Land Affairs Act, 1992 (Act No. 11 of 1992);
§ a regulation issued in terms of that Act; or
§ any other law,
is deemed to have been effected by the Board.
Any land or real right in such land which, prior to the Amendment Act, 1997, vested in the Board and which has not been registered in private ownership, was: -
§ if the land was situated in a township, vested in the municipality having jurisdiction over such township; and
§ if the land was used for State domestic purposes before 24 April 1994, was vested in the national government or in the provincial government of KwaZulu-Natal.
Any land in a township or any real right in such land vested in the municipality having jurisdiction over a township:-
§ if the township existed on the date of commencement of the Amendment Act, 1997, and
§ if the township was established and approved or proclaimed after the date of commencement of the Amendment Act, 1997, upon the date of establishment and approval or proclamation of the township.
[1] The members, other than the Ingonyama or his nominee are required to be appointed from officers in the employ of the governments of the Republic of South Africa or the province of KwaZulu-Natal or from other persons who do not hold office in or on behalf of a political party or have a high political profile, who have knowledge and experience relevant to the administration of the trust land.
Hi Alka,
The following is something I
previously put together on the KZN Ingonyama Trust
Act.� I hope it clarifies rather than confuses!!�
Other than for Ndwedwe, I believe Folweni is another
example of a non-R293 township and which would not
originally have been transferred over to the local
authority.� However as I read it the Act it would not
apply to them.� Gert would you like to comment?
Wishing all a merry
Xmas,
John
1)���������������� KZN�Ingonyama Trust Act 3 of 1994 (as amended by the KZN Ingonyama Trust Amendment Act No 9 of 1997)
The KZN Ingonyama Trust Act established the Ingonyama Trust Board which consists of the Ingonyama (or King) or his nominee (who act as the chairperson of the Board), four members appointed by the Minister for Rural Development and Land Reform (previously was the Minister of Agriculture and Land Affairs) after consultation with the Ingonyama, the Premier of KZN and the chairperson of the House of Traditional Leaders of KwaZulu-Natal, and four members appointed by the Minister for Rural Development and Land Reform with due regard to regional interests, in consultation with the Premier, i.e. nine members[1] in total�
The Board is required to administer the affairs of the Trust and the trust land and may decide on and implement any encumbrance, pledge, lease, alienation or other disposal of any trust land, or of any interest or real right in such land for the benefit, for material welfare and social well-being of the members of the respective tribes and communities as contemplated in the KwaZulu Amakhosi and Iziphakanyiswa Act, 1990 (Act 9 of 1990).�
The Board may not encumber, pledge, lease, alienate or otherwise dispose of any of the land or any interest or real right in the land, without first obtaining the prior written consent of the traditional authority or the community authority concerned.�
The Act does not apply to: -
��������� land in a township (established and approved or proclaimed as such in terms of any law),
��������� private land, or
��������� land used for State domestic purposes prior to 24 April 1994.
If any group of pieces of land, or of subdivisions of a piece of land, which vests in the Trust, is combined with public places and used mainly for residential., industrial, business or similar purposes, the Board may after consultation with the Premier request the competent provincial authority to declare or proclaim such land a township.
Any allocation, transfer, alienation, mortgage or other transaction in respect of tenure rights relating to land effected during the period 24 April 1994 to the date of commencement of the Amendment Act, 1997, in terms of: -
�� the Regulations for the Administration and Control of Townships in Black Areas (Proclamation R.293 of 1962);
�� the KwaZulu Land Affairs Act, 1992 (Act No. 11 of 1992);
�� a regulation issued in terms of that Act; or
�� any other law,
�������������������������� is deemed to have been effected by the Board.
Any land or real right in such land which, prior to the Amendment Act, 1997, vested in the Board and which has not been registered in private ownership, was: -
�� if the land was situated in a township, vested in the municipality having jurisdiction over such township; and
�� if the land was used for State domestic purposes before 24 April 1994, was vested in the national government or in the provincial government of KwaZulu-Natal.
Any land in a township or any real right in such land vested in the municipality having jurisdiction over a township:-
�� if the township existed on the date of commencement of the Amendment Act, 1997, and
�� if the township was established and approved or proclaimed after the date of commencement of the Amendment Act, 1997, upon the date of establishment and approval or proclamation of the township.
[1] The members, other than the Ingonyama or his nominee are required to be appointed from officers in the employ of the governments of the Republic of South Africa or the province of KwaZulu-Natal or from other persons who do not hold office in or on behalf of a political party or have a high political profile, who have knowledge and experience relevant to the administration of the trust land.
John A Forbes Pr.Pln. Reg. No. A/457/1986 http://johnforbesassociates.wozaonline.co.za/homeOn 2012/12/19 04:06 PM, Gert Roos wrote:
Regarding the urban and�rural�question:
The government appears to have adopted a policy to provide services wherever people are.� There are also a lot of second homes and holiday resorts in areas that used to be rural areas.� The distinction between urban and rural land have therefore disappeared.
All land appears to be urban, except for nature reserves, commercial farms and maybe a few others.
I have sympathy with the policy because I don�t want people to struggle without services or move to areas where they have no social connections but I don't think the policy is financially sustainable and we are destroying the landscape character in some places in the process.
I believe we need growth boundaries and need to create cities, towns and villages instead of spreading development out over the whole province and gradually densify it over time as our population grows.
�I predict massive infrastructure failure in the long term because maintenance appears to sometimes be an afterthought.
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Hi Susan,
Your query on the above refers.
The urban edge study in the tribal areas/traditional authorities was undertaken for DRDLR by DataWorld assisted by Mike Kahn. I am not sure if the report has since been released to the public, but Ross Hoole should be able to advise.
Kind regards,
Peter Newmarch
Professional Land Surveyor & GISc Practitioner
4Y GeoInformatics Pty Ltd
Tel : +27 31 5642856 Fax : +27 31 5643074
Mobile : +27 82 5705859
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Hi Susan,
The tribal authority areas were all mapped as far back as 1995
for the erstwhile KZN Demarcation Board. If I am not mistaken the
respective induna areas with the respective tribal authority areas
were also mapped, but it was a long time ago so I may be
mistaken. At the time the KZN province had all the data captured
on their GIS system. I am not sure who you need to contact today.
DRDLR I assume must also hold this data, as would the Ingonyama
Trust Board.
Hi Susan,
I am going to have to simplify things a little and there are some facts that I need to verify but this is my understanding of traditional authority areas:
The Ingonyama Trust originally consisted exclusively of state owned land that belonged to the homeland of KwaZulu. When the KwaZulu Government realised that it is going to be dissolved it created a trust in order to to secure all rural land that it administered for the benefit of the persons who lived on it. Not all traditional communities live on land that was administered by the KwaZulu Government but the vast majority do. There are also traditional communities that live on state land that never formed part of KwaZulu and traditional communities that live on privately owned land. Perhaps the best example of traditional communities that are not located on Ingonyama Trust land is the traditional communities of Umzimkhulu. The traditional communities of Umzimkhulu are of Xhosa heritage not Zulu heritage and Umzimkhulu used to form part of the Transkei not KwaZulu.
The geographical areas of traditional communities that are under traditional leadership have been mapped periodically by us. Much depends on the criteria that are used to identify the areas. National government used to proclaim the areas and used to designate the leaders. I don't think national government has proclaimed any areas in that manner for decades. It is therefore not an accurate record. The Premier can also designate such areas but to the best of my knowledge he has never done so. My understanding is that the maps that we have are the areas that are official recognised by Provincial Government as traditional community areas that are under traditional leadership. It might include areas that have not been formally declared traditional communities in terms of any law. I am not sure but I can try and find out for you. What I do know is that there are communities that are living on land that is not recognised by government as land under traditional leadership but who do recognise a local traditional leader as its leader. This happens a lot when traditional communities spill over onto adjacent land. The adjacent land can be state owned or privately owned.
I will find out what mapping we have and make it available to you. It will not be a perfect record for the reasons that I have mentioned but given the vastness of land under traditional leadership I think it is representative. Please contact me if you need a perfect record for a particular area. I should be able to connect you with someone who knows what is happening in that particular area.
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