Tlali for help with map work and identification of problem areas in the study area. The land invasion has prompted the developer, Lesotho Housing and Land Development Corporation (LHLDC), to consider a school site, open spaces and a cemetery in the study area.
INTRODUCTION
To move the informal settlement to the public space and upgrade affected areas in residential areas. Advises the developer to disregard parts of the study area that have been affected by the informal settlement.
MOTIVATION FOR THE RESEARCH mPlc
Water supply in the area in question is likely to be difficult in the short term due to pressure from informal constructions on the water supply. However, in the area in question, the existing tension is mainly caused by the double allocation of land, which is the result of legal and illegal land alienation procedures.
BACKGROUND m THE STUDY AREA
Although the area is not yet fully developed, both informal and formal residents continue to build in the area. Problems facing the two sites differ slightly in the sense that in phase 1 more problems are felt at the design level, while in phase 2 the problems are also at the political level.
THE RESEARCH PRDPDSAl
The Research Topic
After the implementation of the plan and the installation of the infrastructure were completed in 1991, some individuals, who destroyed parts of the plan, solved the plan informally. The informal settlement that has occurred within the study area has caused significant damage (see Proposed Land Use Map 2 and Existing Map of Ha Matala 3 on the next two pages).
Research Problem·
Legend
Propsed Lan
- Research Question
- Subsidiary Questions
- Hypothesis
- THE STUDY DUTUNE
These in turn help the study draw out similarities and differences and provide lessons for Lesotho. These are presented in the text and in the appendix, A, Chapter discusses specific issues related to the field of study.
2J INTRODUCTION
The sale of land in this way has led to major disruptions of settlement patterns (Katona, 1995), (McCarthy and Smit, 1984), (Romaya and Brown, 1999). The dual division of land in the study area and in Lesotho simply indicates the power struggle between traditional and local authorities regarding land resources.
LAND MANAGEMENT
- Planning and Procedures
But in the case of the aforementioned development, it is clear that such land somehow belongs to the government, which uses it as a development control device. Apparently the device was not so effective in the case of the Ha Matala study area.
LAND ACOUISmDN
- Land Invasion
- Illegal Land AUocation and Informal Settlements
- Land Subdivision
- Land Tenure and Reform
- Compensation
In the study area, the informal settlement consists of both the poor and the affluent class. An informal settlement can be formalized by applying formal procedures to it, as in the case of upgrading (procto at el Leduka, 2001).
LAND TRANSmON
- The Sense of Spatial Identity
Improvement: upgrading the overall conditions in the settlement through the provision of basic infrastructure. In the study area, relocation is likely to be required by the government, thus making it forced relocation.
CDNCWSIDN
METHODOLOGY
- DATA COLLECTION
- Qualitative Method
- Secondary Sources
- Primary Sources
- INTERVIEW SELECTION
- Questionnaires
- SITE VISITS AND MAPS
- THE STRATEGIES
- PLANNING DOCUMENTS
- CDNCWSIDN
- INTRODUCTION
- LEGAL FRAMEWORK
- LAND ADMINISTRATION
- Responses to Demand
- LAND ACDUlSmON
- Land Subdivision and Illegal aUocation
- CDNCWSIDN
- BACKGROUND ID THE STUDY AREA
- Land AUocation and Tenure
- Informal Settlements
- Land Transition
- ANAl.VSIS OF THE HA-MATAlA DEVELOPMENT
- B CDNCWSIDN
Mahlaha, who worked for THE LHLDC as a Physical Planner at the time of the development program, was consulted. This left gaps in the law; As a result, illegal land allocation is commonplace. The government offers compensation without any knowledge of the rates charged on the informal market.
So they continued with the informal subdivision of land, thereby ignoring the powers of the SDA. Besides, LHLDC could not do otherwise but allocate these sites so that it could cover some of the costs incurred in the plan. A more substantial analysis of the study area comes under this and subsequent subheadings.
It is also noticeable that this lack of coordination and integration is one of the causes of the problems prevailing in the field of study today.
RESPONSES TO STRATEGIES 6.1 INTRODUCTION m STRATEGIES
Social Challenges
Some respondents from LSPP, Local Government and MCC felt that it would be inhumane and unfair to evict people, especially the poor. Removal would cause overcrowding in the destination areas and this would cause even innocent people to be dragged into this mess. This means that the existing survival strategies would be disrupted and this would have some psychological consequences.
As for relocation, the argument was that it could be participatory or coercive, one way or the other; it would be the responsibility of the developer or the government. The local government argues that the move would be an admission of defeat by the government, which would encourage more informality.
Economic Challenges
Landowners argue that moving people, either by moving or relocating, can prove ineffective because of the attachment that people tend to make to their individual homes and the general neighborhood environment. This strategy would certainly lead to a physical war between the government and landowners.
Political Challenges
Technical Challenges
The prevailing situation clearly shows that the relatively poor people would be the ones who would be affected by the displacement, since they are the ones who have settled in the public places. The general feeling was that although it would be desirable to partially improve the area and increase the value of the site by restoring public spaces, the cost of relocation and improvement would still be relatively high. It was said that havoc within the political environment would be inevitable. It will appear that; the law is functional only when it comes to the poor class and not the rich class.
The general feeling was that the upgrade would be costly in dozens of time and energy and would be a rather tedious task to undertake. Moreover, it would devalue the land and the area would be too expensive to maintain.
Technical Challenges
Social Challenges
The strategy would also be at odds with what planning means if planners were to move away from the obvious land and development problems. There were concerns that the strategy would be more expensive than previous ones, especially in the short term, but it would pay off in the long run as it delivered on the plan. Respondents felt that the strategy would not be entirely feasible, as it would create tension between LHLDC and its clients and field owners and their clients.
Market owners believe that this could be a sustainable strategy for all parties, because it would increase the morale of the population. On the contrary, the local authorities pointed out that since this is not an isolated project, the strategy will certainly encourage more people to disregard. planned areas. Service providers and planning authorities state that the strategy means that a plan other than the original one must be considered.
Introduction
However, giving up certain parts of the field of study may turn out to be the best solution for everyone. It needs to be addressed appropriately to address the issues facing the study area. Although the strategy tends to be expensive in the short term, but it has great long-term financial benefits for everyone.
The opposite happens to be true with the strategy that has a weak link to this aspect. While strategy 1 shows a weak link with the social aspect, which according to the study is the most important part, it should be considered for the upgrade of Ha Matala because it appears to be a certain and sustainable strategy after strategy 5.
CONCLUSION
- INTRODUCTION
- RECDMENDATIDNS
- AREVIEW OF THE STUDY
- The Research Question
- Hypothesis
Key players that the researcher managed to interview represent the interests of the various agencies that were involved directly and/or indirectly in the Ha Matala development scheme. In the case of electricity, the imposing structures like that seen in Plate 9 (p. 71) should be displaced. But in the case where it is quite clear that the error comes from the providers side, the provider should redesign the alignment of poles and cables.
Answer: It affected it in the sense that ultimately there was dual land allocation which was both formal and informal. Question: What common land development challenges and elements are evident in the Ha Matala Development Scheme that would inform similar upgrading projects.
APPE D X A
Mosioa Matala 5. Ntsoaki Matala
M BTSOELE
NTS~~'
APPENDIX B
53.OoimpensatJiJon PartVI Land required for public purposes. .ajrns 59. Where'in part of large territory, whole territory may be 60. Preference to disadvantaged tenant 61. Grant of lease of land under this section 62. Lands used by State deemed to be territories for public corporations 63 . Cessation of the use of land for public purposes PartVII LandTribwlal 64.EstablishmentsO!fTl1ttribunal 65.ClerkofTribunal 66.ProoeduxeO!fTrLbunal 67.AppeaJ.s 68.HighlhCourttorebannjurisdiction PartVIII Land Revenue 69.Groundrent and development costs 70.Debt fees 71.Tender premiums PartIX Public services and compensation for them 72.Publli.cseI'V1itudes 73.Compensation Pa· rtX Duties of Commissioner of Lands 74. Use of delaX. 197 A.20of1966 Application PartII Certaintitles cannot be registered. d) Ql']f'tingin sub-section (6) the word"whichcoliandunder- :>tltUsingtheword"SaveaisotherwiseprovidedintheLandAct1979oranyotherAct, every"; section 2InsOl1vencyProclamation1957 is amended by deleting the definition of "immovable property" and substituting How shall therefore- "immovable property" had subject matter entered in the Register of Deeds Act 1967. 26.(1)Where in response to an advertisement not sued under section 21,tl1ereismo,some application on:re5-pectof'anyava:incapable land and not landorcon, 9iderations for deciding in favor of any'applicant,U.rb'an Land Committee shall invite bidders. ticable,ClIf specified!refers to!vvvvation for submission of bids, the Urban Land Committee will consider the bids. " (4) When bidders refer to grants Ji, tolandia for commercial or industrial purposes, no decision shall be taken except after an application has been made to the Ministry under section 25.
203 Land for commercial purposes Compet1t1011 between applicantll NoticeC1f deciBl.o.ns Form "C3" Third SCHedule. within urban area, selected development areas. then every pel'son. apply Publishing applications and. 2) The Ministers shall appoint a Chairman at Mtice in the Government Gazette who (a) after consultation with a HonwitJhtJheOhiefJustice, shall be a Chairman who is: a Judge of the Supreme Court as a resident magisterial; (b) an assessor, who shall be a principal chief to a deputy chief nominated by the Miruste-r, so that when the prince has an interest in the case before the Tribunal, the deputy shall act in his place; (c) an analyst who [is a person holding a diploma or professional qualification in law and economics. PARTVIII Land revenue 69.(1)'Here, leasehold amounts are payable unless the Jesseeisesex, dissolved under subsection (2), such land rent as the Minister may prescribe. 2) A citizen of IJesothoWihoisaMosotho (and the decision on obtaining a qualification for ShaM, subject to the regulations under Article 89, rests with the Minister) and who has reached the age of majority, will have to take advantage of the leasehold of the land rent of the I and of which he will make the rental agreements and rental agreements for his own residential use. 3)The Minister may, in consultation with the Minister responsible for Works, impose development charges (being charges for the construction and provision of services, including roads, footpaths, sewerage, street lighting and other charges not prescribed in any other law ) and which will be calculated in relation to the plot of land owned by the tenant.
APPENDIX C
I am doing research on the partial land invasion that took place in the Ha Matala area on a completed and serviced layout plan prepared and implemented by LHLDC. Here are five solution strategies, each with a range of social, economic, political and technical challenges, can you go through each with me and identify. Here are five different action scenarios, each with a range of social, economic, political and technical implications. Can you go through each one with me and identify the different implications.
Here are five different action scenarios, each with a range of social, economic, political and technical implications. Can you walk me through each one and identify different implications? Here are five different action scenarios, each with a range of socio-economic, political and technical implications. Can you walk me through each one and identify different implications?
APPENDIX D
The researcher was unable to interview the Chief Physical Planner and Chief Khoabane Theko, both of whom were involved in the Ha Matala Development Scheme, because they refused to participate. The researcher also did not manage to get hold of lawyer Motsie, who assisted and represented the field owners at the courts. There was no other person to assist the researcher; as such, the report lacks the legal aspect of the development scheme.
Failing to interview the legal section, the researcher tried to interview the former Permanent Secretary of Local Government, S. However, the researcher could not get information about electrical facilities in the study area as it had not yet been mapped.
