It addresses four important issues arising from the former land tenure systems in Nigeria: It approaches these issues via three related strategies: In the discussion that follows, the structure of the Act will be followed. The General principles of the Act state that:
The law came into effect on 1 Julywhile a commencement date for the Regulations are yet to be published.
SPLUMA aims to develop a new framework to govern planning permissions and approvals, sets parameters for new developments and provides for different lawful land uses in South Africa.
SPLUMA is a framework law, which means that the law provides broad principles for a set of provincial laws that will regulate planning.
The law is important because the repeal of many apartheid era laws has left our planning laws fragmented, complicated and inconsistent. While CLS and others have argued that SPLUMA and its Regulations grant too much power to traditional councilsthe traditional leadership lobby has resisted the Act and has called for government to suspend its implementation on the basis that they were not consulted properly during the legislative process.
The powers of traditional councils in relation to planning and land use are governed by regulation 19 1 and 2 of the SPLUMA Regulations, which read: In cases where the municipality does not conclude this type of agreement with a traditional council, the traditional council would be required to provide proof of land allocation in terms of customary law.
Although the final version of the Regulations is an improvement on earlier versions, the extensive powers granted to traditional councils remain problematic. There are various reasons why regulation 19 1 and 2 is of concern. Some of these reasons are briefly discussed below. The Framework Act deems the pre-existing tribal authorities that were created under apartheid to be traditional councils if they comply with two transformation requirements.
The second is that one third of traditional council members must be women. Many traditional councils across the country have not met these requirements, with traditional council elections either being flawed or non-existent.
Limpopo, for example, has not had any traditional council elections in the last 10 years. This means that most traditional councils are not validly legally constituted, and so may not have the legal capacity to exercise the powers granted to them in terms of the SPLUMA Regulations.
Traditional councils are given wide-ranging powers in relation to land-allocation, -planning and -use Regulation 19 2 empowers traditional councils to provide proof of a customary land allocation to anyone living in that traditional area that makes an application for development and land use.
In addition, to assume that traditional councils are the only people entitled to decide what the content of customary land rights are will undermine the customary laws and practices of many rural communities.
For many of these communities land allocation and management takes place at multiple different levels, including family, household, clan, village and sub-community.
Local customary law is therefore often characterised as a layered system rather than a system that centralises power in traditional councils. To focus land planning and land use in traditional councils therefore does not hold true to many rural people living in the former homelands.
There are also questions about whether traditional councils can legally be granted land planning and land use powers in terms of service level agreements with municipalities.
This is because the Constitution does not provide for traditional leadership or traditional councils to exercise governmental functions or powers.
Wetland Conservation Provisions (Swampbuster) Introduction. The Highly Erodible Land Conservation and Wetland Conservation Compliance provisions (Swampbuster) were introduced in the Farm Bill, with amendments in , and awareness of land use Act of 2. To know the modalities of acquiring land in the area. 3. To know whether the Act has effect in land tenure system in Nnobi. 4. To know the most common ownership/right prevalent in the area prior and after the promulgation of land use Act of 5. To know the impact of public and private development in rural area. 6. However, the Land Use Act has given birth to myriads to legal implications on the hitherto various Land Tenure System that operated prior to its coming into effect the impact of which is not thoroughly understood by the generality of Nigerians, especially the “Land Owing Unit” (community, family and individuals) despite its thirty – five – years of existence.
This was confirmed in the Certification of the Constitution of the Republic of South Africa, case where the Constitutional Court made it clear that if traditional leaders were supposed to have governmental powers and functions the Interim Constitution would have specifically said so.
This is also how traditional leaders are recognised in section of the Constitution at present, which makes their recognition subject to customary law. Against this background, the constitutionality of substituting elected local government officials with largely unelected and sometimes apartheid-imposed traditional councils to perform land use and management functions of a municipality is concerning.
Lack of accountability measures It is unclear from regulation 19 how traditional councils will be held accountable for the land use management powers and functions that they could perform in respect of service level agreements, or for the responsibility of providing proof of customary land allocations where there is no service level agreement.
The land development and use application of any person living in a traditional area is still dependent on the actions of a traditional council. This is because the Regulations require that the council first provides proof of a land allocation, or assume that the traditional council will be in control of the initial allocation process, in order for a person to submit their application.
Effective mechanisms for holding a traditional council accountable to ordinary people and local government are therefore missing in the Regulations. The SPLUMA Regulations could cause confusion about the powers of traditional councils Regulation 19 specifically states that traditional councils will not have decision-making powers in relation to land planning and land use.
However, the regulation still allows for some powers and functions to be outsourced to traditional councils. Exactly what these powers and functions are remains unclear as the Regulations do not elaborate on this.
This lack of clarity has the potential to cause significant confusion among municipalities, traditional councils and communities, who are unlikely to agree on what land planning and management powers can or cannot be granted to traditional councils.Wetland Conservation Provisions (Swampbuster) Introduction.
The Highly Erodible Land Conservation and Wetland Conservation Compliance provisions (Swampbuster) were introduced in the Farm Bill, with amendments in , and Land Management Under the Land Use Act.
the Act provides that the land tenure law of Northern Nigeria or the State law of Southern Nigeria shall have effect with modifica- tions as will bring these laws in conformity with the Act under review.
Furthermore, in Part II of the Act, which introduces the new land tenure law, distinctions are. But basically, national public-land-use policy made land ownership financially unattainable for most would-be homesteaders.
Before and after the Mexican-American war in the mid s, popular pressure to change policy arose from the evolving economy, new demographics, and shifting social climate of early 19th-century America.
Perkins Coie's California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes. An act to amend Section of, and to add Section to, the Government Code, relating to land use, and declaring the urgency thereof, to take effect immediately.
The coming into effect of the Land Use Act altered the general provisions regarding the payment of compensation for property compulsorily acquired by the State for overriding public purpose. This changed the course of property rights in the country as it did not merely expropriate property rights but made provisions for the exclusion of.