What is the difference between Ingonyama Trust Board Areas and KZN Traditional Authority Areas

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Alka Ramnath

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Dec 19, 2012, 2:21:33 AM12/19/12
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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


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Query_Difference_ITB_KZN_Traditional_Authority_Areas_18Dec12.pdf

Peter Newmarch

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Dec 19, 2012, 3:45:08 AM12/19/12
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Alka

The Ingonyama Trust Board is simply a trust that happens to own land - their is no difference between say ABC Trust and Ingonyama Trust - except that the Ingonyama Trust is also an organ of state.

Traditional Authority Areas are areas which have been proclaimed in the government gazette - both the area and the tribe.

You are perfectly correct - some Ingonyama areas are not Traditional Authority areas and some traditional authority areas are not Ingonyama areas.

Always consult the title deeds for ownership details as it with either be the Trust as owner or the Traditional Authority as owner.

With regards who to consult first - as a general rule, always the property owner, whoever that might be.

You can also get private land ownership in a traditional authority area - in which case that private individual will be listed as the owner on the title deeds. There is also land held by land affairs over which people settle but Ingonyama has no say over it and the Traditional Authority does not extend over that particular piece of land - I see this all the time.

With regards the urban or rural question, its actually rather more complicated. What defines Urban and what defines Rural ?? But in all cases, the municipality will be responsible for "municipal" planning in these areas (with the owners consent) - but herein lies a problem - such planning may not infringe on the traditional use of that land, the allocation of use rights within the community etc.. etc.. - Remember only municipal planning is granted to municipalities, not traditional planning.

Peter

Alka Ramnath

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Dec 19, 2012, 4:18:47 AM12/19/12
to KZN...@googlegroups.com, Peter Newmarch

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

Alka Ramnath

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Dec 19, 2012, 4:32:29 AM12/19/12
to KZN...@googlegroups.com, Peter Newmarch

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

Gert Roos

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Dec 19, 2012, 7:45:02 AM12/19/12
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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.

Gert Roos

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Dec 19, 2012, 7:53:50 AM12/19/12
to KZN...@googlegroups.com, Peter Newmarch, alka.r...@umgeni.co.za

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.

Alka Ramnath

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Dec 19, 2012, 8:12:14 AM12/19/12
to KZN...@googlegroups.com, Gert Roos

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

Alka Ramnath

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Dec 19, 2012, 8:13:01 AM12/19/12
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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.

Gert Roos

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Dec 19, 2012, 8:40:52 AM12/19/12
to KZN...@googlegroups.com, Gert Roos, alka.r...@umgeni.co.za
Tricky,

Those are historic townships that used to be located on KwaZulu land.

They actually vest in the local municipality in accordance with section 4A(4) of the Ingonyama Trust Act, 1994 (KwaZulu Act No. 3 of 1994).

The balance of the properties on which they are established are therefore owned by the local municipalities, not the Ingonyama Trust, despite what the title deeds says.

The Ingonyama Trust does not have jurisdiction in those towns (I am not familiar with Richmond's history so not sure about that one) .

A title deed can be overruled by a law.  "vesting" is a common form of it.

Those erven will become privately owned, if they are not already.

New settlements are done differently in accordance with the Ingonyama Trust's policy of not creating any new townships.

Alka Ramnath

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Dec 19, 2012, 8:49:55 AM12/19/12
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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,

Gert Roos

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Dec 19, 2012, 9:03:13 AM12/19/12
to KZN...@googlegroups.com, Gert Roos, alka.r...@umgeni.co.za
I don't know its history or how they are going to do it.

It might be a vesting thing again where the title deed is misleading.

If not, they will probably go the compilation plan and lease route.  Effectively, a mega mixed use development on a single site.  It will work a little bit like a mall with one owner and many tenants doing different things, but each has its own demarcated space.

Gert Roos

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Dec 19, 2012, 9:06:02 AM12/19/12
to KZN...@googlegroups.com, Gert Roos, alka.r...@umgeni.co.za

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.

John Forbes

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Dec 19, 2012, 11:37:23 AM12/19/12
to KZN...@googlegroups.com, alka.r...@umgeni.co.za

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.


On Wednesday, December 19, 2012 9:21:33 AM UTC+2, Alka Ramnath wrote:

Peter Newmarch

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Dec 19, 2012, 4:24:55 PM12/19/12
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Land can be quite complicated. Each area must be investigated as their are many if's and but's to each area - different laws, different routes taken, different authorities etc...

Ndwedwe - that will be a long time before that happens, perhaps in isolated areas but their are still disputes between the various Inkosi's over the limits of the land and until that is resolved nothing will be registered to formalize the area. By using the word "town" I would venture to say that most people imaging a whole lot of properties / erven - I doubt this will be the case. Perhaps a more suitable word would be a "serviced property" - in my view its likely to remain as one piece of land with perhaps a kind of site development plan with at best some or other informal recording of various rights other than commercial rights.

Peter

John Forbes

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Dec 19, 2012, 11:29:32 AM12/19/12
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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/home
On 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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Susan Risko

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Dec 12, 2017, 9:12:10 AM12/12/17
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Dear Alka Ramnath,

This post showed up in a query as I was searching for maps of Traditional Authority land. The maps posted here of the ITB are the only maps I have been able to find. Have you been able to locate TA maps? If so, where could I access such? Lastly, where could I find a copy of the DRDLR's 2009 Urban Edges study? Thank you in advance for any help you can provide.

Kind regards,
Susan Risko

John Forbes

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Dec 13, 2017, 7:03:51 AM12/13/17
to KZN...@googlegroups.com, Susan Risko, Ross Hoole, Alka Ramnath

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,

John A Forbes Pr.Pln. Reg. No. A/457/1986
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Susan Risko

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Dec 13, 2017, 8:49:26 AM12/13/17
to John Forbes, KZN...@googlegroups.com, Ross Hoole, Alka Ramnath
Hi John,

Thank you so much for your reply. That would explain why I cannot find the report! The main reason for locating it was due to the maps of Ingonyama Trust Land, but I see that Umgeni Water's Infrastructure Master Plan of 2011 does have a nice figure.

Do you know if the Tribal Authority lands have in fact been mapped? Or would this be an area for further research? Thanks!

Kind regards,
Susan

Susan L. Risko                                                                                        

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Centre for Water Resources Research

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M.E.   Agricultural and Biological Engineering

           Land and Water Resources Concentration

B.Sc.   Environmental Science

Minor Organizational Leadership for Non Profits



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Peter Newmarch

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Dec 13, 2017, 9:30:12 AM12/13/17
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Peter Newmarch

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John Forbes

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Dec 13, 2017, 10:44:35 AM12/13/17
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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.

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p.je...@mweb.co.za

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Dec 13, 2017, 10:33:57 PM12/13/17
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The GOGTA GIS section in Southern Life Building in Pmb
 
Peter Jewellused to keep these records.  033 3556100
 
Sent: Wednesday, December 13, 2017 5:44 PM
Subject: Re: [KZNPDA] Re: What is the difference between Ingonyama Trust Board Areas and KZN Traditional Authority Areas
 

Hi Susan,

p.je...@mweb.co.za

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Dec 13, 2017, 10:39:21 PM12/13/17
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I do believe that all Traditional Authority land is ITB land as well.  There is a set of maps which shows which Inkosi administers each portions of land.  These maps are important as the official recognition of TA areas to prevent disputes and at one stage were maintained by COGTA 033 3556100.
 
Peter
 
Sent: Wednesday, December 13, 2017 3:48 PM
Subject: Re: [KZNPDA] Re: What is the difference between Ingonyama Trust Board Areas and KZN Traditional Authority Areas
 

Peter Newmarch

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Dec 14, 2017, 1:29:09 AM12/14/17
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Peter,

Not all areas of Traditional Authority are ITB land. Some small areas are privately held properties. A TA is simply an administration layer and does not require ITB be the underlying owner. Equally ITB owners land where there is no legal TA in place.

The latest recommendation from government is to scrap the whole system. 

Regards

Peter

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Gert Roos

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Dec 18, 2017, 1:35:48 PM12/18/17
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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.

Susan Risko

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Dec 19, 2017, 1:43:25 AM12/19/17
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Hi Gert,

Thank you so much for your email and the feedback on TA lands. It is quite fascinating to learn the intricacies of this governance set up. I am working in Msunduzi municipality and specifically the areas surrounding Henley Dam (Vulindlela). The study may at some stage also branch into the Umngeni Catchment, specifically the KwaXimba area. Knowing the boundaries in Msunduzi for now would prove helpful. I was able to retrieve from DRDLR some GIS files for TA land that I am hoping may guide this portion of the study for now, but have not had a chance to delve into them. Additional data sets are always welcomed as it helps to gain a better understanding, especially to guide further studies in the greater Umgeni Catchment. 

Would your data be different to that of DRDLR? Thanks.

Kind regards,
Susan

Susan L. Risko                                                                                        

Researcher
Centre for Water Resources Research

Cell Phone:  +27 (0)61.234.6228

Email: susan...@gmail.com
Skype Name: susan.risko


Ph.D. Student Development Studies, University of KwaZulu-Natal

M.E.   Agricultural and Biological Engineering

           Land and Water Resources Concentration

B.Sc.   Environmental Science

Minor Organizational Leadership for Non Profits



"Forget mistakes. Forget failure. Forget everything except what you're going to do now, and do it."
 - Will Durant (Shared by Karen Noske)

"There is no passion to be found playing small - in settling for a life that is less than the one you are capable of living." 
 - Nelson Mandela

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Peter Newmarch

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Dec 19, 2017, 1:51:24 AM12/19/17
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Susan,

I can send you all the proclaimed ones for that area. It’s in CAD though.

Regards

Peter



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Susan Risko

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Dec 19, 2017, 6:54:45 AM12/19/17
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Hi Peter,

Thanks so much for the offer. I think I'll see how far I can get with the current GIS files first and will let you know at a later stage if we need to dig deeper. 

At least now I know where to go in future for this information. Thank you!

Kind regards,
Susan

Susan L. Risko                                                                                        

Researcher
Centre for Water Resources Research

Cell Phone:  +27 (0)61.234.6228

Email: susan...@gmail.com
Skype Name: susan.risko


Ph.D. Student Development Studies, University of KwaZulu-Natal

M.E.   Agricultural and Biological Engineering

           Land and Water Resources Concentration

B.Sc.   Environmental Science

Minor Organizational Leadership for Non Profits



"Forget mistakes. Forget failure. Forget everything except what you're going to do now, and do it."
 - Will Durant (Shared by Karen Noske)

"There is no passion to be found playing small - in settling for a life that is less than the one you are capable of living." 
 - Nelson Mandela

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