Do you think the moratorium on development within 1km of the coastline should be lifted?


We must rember that europe has buildings to preserve. We have nature to preserve. That is why we get tourist.Our children and their children will benefit,but if we mine what is taken out can not be replaced.So it is our duty to preserve.

Can anyone tell me what the legalities are of buying land from a chief in the Transkei. I always thought that the chief held the land in trust for the tribe or clan and allocated it for a certain period to various tribesmen/clan members. However I am being told that chiefs are now `selling` land to various outsiders. My question concerns the legalities of such sales----if the land cannot be sold freehold ---is this some kind of limited leasehold? or is it a `sale` that will just lapse one day when the chief decides he wishes to allocate that land to someone else after you might have invested a lot of money on infrastructure etc I would be really interested to hear from anyone who knows about the legalities of buying land from the chiefs in the Transkei thanks Mark

Hi Mark, This is a mindfield, and I'm hoping more knowledgeable people than myself will comment. It's a complex situation which stems from colonization and subsequent Frontier Wars, and began to be formalized ITO "Native Reserves" in the 1913 Land Act. Essentially the indigenous people are deprived of their formal land rights, but have recognized de facto familial claims, or nominal ownership thereof. In terms of our Constitution the people have rights to their land equivalent to freehold and can "give" the land to outsiders under whatever conditions they deem fit. However because it is based on P.T.O.s the portions cannot be subdivided or used for surety, and any new "owner" has to be supported by at least 2 men within the local community, and must obtain permission from the local headman as well as from the Chief. So, simplistically, yes it is possible to obtain land, but the rights are insecure (as far as the future is concerned, especially because the Communal Land Rights Act of 2004 - CLaRA - has been declared un-constitutional) and development capital is scarce as it must be funded by private individuals/companies. This means that the coastal areas are undervalued tremendously - and inland rural areas even more so - as people cannot obtain development capital without resorting to complex community private partnerships which always, in my opinion, become collectivist in nature and ultimately deprive individuals of their rights and capacity to develop economically and socially. Search this site for "tenure" to get some more info. Here's the link: This is a burning issue and my knowledge is terribly inadequate, but do feel free to pose questions. Jeff

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