Registration instruments are vital for development

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Sub-Saharan Africa is rapidly becoming urbanised, but land registration remains an issue. PhD candidate Paul van Asperen conducted research into several newly developed registration instruments. His conclusion: they are useful, but Africa still has a long way to go.

Even in urban areas in Africa, 60 to 70 percent of the landowners do not have property deeds. This causes problems when a municipality or developer shows an interest in the property. The inhabitants can be ruthlessly ejected from their land. Without property deeds, they are in a weak position when dealing with inheritance matters or land-grab operations carried out by Western investors. "As a result nobody invests in their homes. This will hinder the development of districts," explains Van Asperen.

Land registration systems do exist, but each has its disadvantages. Western instruments from the colonial era have proven to be too expensive for most people, because they require accurate surveying and comprehensive registration on paper. More traditional systems, which involve a ruling made by the tribal chief, work in rural areas, but not in cities. Moreover, the coexistence of different systems can lead to a tangle of claims.

The OTB doctoral candidate compared the new forms of legal protection developed for the benefit of poor landowners in urban areas in Lusaka (Zambia), Oshakati (Namibia) and Gaborone (Botswana). Simple legal rules were established in those places, whereby the municipality provides the landowners with a certificate for use. Van Asperen considers this a leap forward, although he still has plenty of concerns. Municipalities have made little progress in implementing the rules. The development of legislation and the issuing of certificates can sometimes take more than ten years. The most significant problem is the high cost of a certificate. A certificate often costs hundreds of dollars. For an African, this can be the equivalent of one or two monthly salaries. Van Asperen: "If the amount was 10 dollars a month, the system would be perfect."

Another method involves saving schemes, whereby private individuals cooperate and raise money together in order to purchase land and then cultivate it. This strategy has been particularly successful in Namibia and frequently leads to the construction of new districts there. Saving schemes have also been implemented in Zambia, the poorest of the three countries studied. The process often proves to be a lengthy one.

Due to financing problems, the innovative strategies are not completely successful anywhere. Success can sometimes be achieved with the financial assistance of Western donors, but that relationship of dependency also makes projects vulnerable. Districts that do manage to put their land registration in order are quickly faced with soaring prices, which is another problem. Van Asperen: "Solving the problem yourself is therefore not easy, partly due to confrontations with the traditional authority, the tribal chiefs. Land registration in Africa remains complicated."

Published: September 2014

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