land administration

Putting Justice into Practice: Communal Land Tenure in Ebenhaeser, South Africa, 2012-2017

Author
Leon Schreiber
Focus Area(s)
Country of Reform
Abstract

Following the 1994 transition from racial apartheid to democracy, South Africa’s government aimed to provide tenure security for the estimated 16 million black South Africans living in communal areas. But the lack of a clear legal framework applicable to most communal areas meant that progress was slow. In contrast, a viable legal framework did exist to guide tenure reform in smaller communal areas formerly known as “coloured reserves,” where a series of apartheid laws had settled people of mixed race. In 2009, land reform Minister Gugile Nkwiti designated one such area—Ebenhaeser, on the country’s west coast—as a rural “flagship” project. The aim was both to transfer land held in trust by the government to Ebenhaeser community members and to settle a restitution claim. Provincial officials from Nkwinti’s ministry, working with private consultants, organized a communal association to serve as landowner. They helped negotiate an agreement with white farmers to return land that had originally belonged to coloured residents. The community also developed a land administration plan that would pave the way for Ebenhaeser’s residents to become the legal owners of their communal territory.

Lessons Learned

  • A legal framework to guide tenure reform in communal areas is vital. The lack of a law to guide the process in the former homelands made it nearly impossible to make any progress in those regions.
  • In many of the communal areas of South Africa, the key question is whether traditional leaders should become legal landholding entities. Despite the lack of capacity that hampered many CPAs, Ebenhaeser’s experience offers an alternative to granting legal ownership to traditional leaders.
  • A strong, high-level project steering committee was critical for driving implementation. The project required cooperation between a range of different stakeholders. And the creation of a central venue encouraged that collaboration.
  • Providing communities with financial and human resources support after they obtain ownership over communal lands is crucial. Documentation proving they were landowners was not enough to immediately enable the Ebenhaeser CPA to use its land productively or access credit.

 

Leon Schreiber drafted this case study with Professor Grenville Barnes of the University of Florida-Gainesville based on interviews they conducted in the Western Cape, Gauteng, and Eastern Cape provinces of South Africa, in March 2017. Case published May 2017.

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South AfricaCanadaJamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of David Mayson - Managing Director, Phuhlisani

Embracing Disruption: Transforming Western Australia's Land Agency, 2007–2017

Author
Maya Gainer
Focus Area(s)
Country of Reform
Abstract

In January 2007, Western Australia’s land agency began a top-to-bottom overhaul of its structure, management, and service delivery. A booming property market, fueled by the state’s extractive resources industry, had overwhelmed the public agency’s aging technology, but budget constraints hindered its ability to upgrade the systems. To provide financial flexibility, the state government created a statutory authority called Landgate—a public institution with some private characteristics. Landgate could keep the revenue it generated from regulated services such as property registration and engage in for-profit commercial activities, which provided resources for investment in better services. But making the new model work was not easy. Landgate’s management team had to win the trust of skeptical staff, reduce delay, and contend with a sharp drop in revenues only two years into its existence when the 2008 global financial crisis struck. To surmount the challenges, the agency created an innovation program, explored ways to commercialize its spatial data, restructured to speed up registration and cut costs, and after one failed attempt, developed an automated registration system. By 2017, Landgate had become financially stable, had drastically reduced processing times, and had won acclaim for its innovative products and management practices.

Lessons Learned

  • Fusing public and private. The statutory authority structure exerted financial pressures for efficiency and the flexibility to invest revenues and pursue commercial opportunities while maintaining government control over key services such as registration. However, to make the hybrid model work, Landgate’s managers had to overcome certain inherent challenges—from bridging public- and private-sector cultures to running commercial activities under government human resources and finance policies.
  • Getting software development right. Learning from the initial, failed attempt to develop an automated registration system, Landgate changed its approach to establish a joint venture with the IT provider, emphasize business process reviews early on, and break up the project into manageable pieces.
  • Learning and adaptation. Experimentation and changing course were crucial to Landgate’s strong performance. The agency overhauled its software development process, shifted from developing its own spatial products to supporting and investing in other companies, and restructured after the 2008 financial crisis. The innovation program set the tone, but managers also encouraged people to think creatively and learn from missteps in their daily work.

 

Maya Gainer drafted this case study based on interviews conducted in Perth, Australia, in March 2017. Noel Taylor, at the time CEO of the Cadasta Foundation, assisted in interviews and drafting. The Omidyar Network funded the development of this case study. Case published May 2017.

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South AfricaCanadaJamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of Jodi Cant - CEO, Landgate (Western Australian Land Information Authority).

    Cementing the Right of Ownership: Land Registration in Kyrgyzstan, 1999–2009

    Author
    Maya Gainer
    Country of Reform
    Abstract

    In 1999, eight years after emerging from decades of Soviet domination, Kyrgyzstan began an ambitious effort to officially recognize property ownership throughout the country and lay the groundwork for a vibrant real estate market. During five and a half decades of rule by the Soviet Union, citizens were not allowed to own land, and after Kyrgyzstani independence in 1991, the country began a nationwide program of privatization in a bid to stimulate economic development. The question was how to register and document property rights so that people could transact efficiently in a new land market. To meet the challenge, a new land agency, known as Gosregister, had to hire and train staff in completely new responsibilities, establish performance management and funding structures, improve efficiency by introducing new technologies, and ensure that staff did not engage in corruption. Despite political upheaval—including the overthrow of two governments in the space of five years—Gosregister steadily built its capacity and evolved into an effective land registry. By 2012, the agency had registered 92% of the country’s privately held parcels, and in 2017, the World Bank’s Doing Business rankings recognized its services as among the best in the world.

    Maya Gainer drafted this case study based on interviews conducted in Bishkek and Kant, Kyrgyzstan, during November and December 2016. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published February 2017

    Breaking New Ground: Pioneering Electronic Land Registration in Ontario, 1987-2010

    Author
    Maya Gainer
    Country of Reform
    Abstract

    In 1987, Ontario’s land registration system was overwhelmed. Budget constraints and a surge in property sales were straining the Canadian province’s paper-based operation. After struggling to computerize its land records during the previous seven years, civil servants at the provincial Ministry of Consumer and Commercial Relations led a groundbreaking effort to form a public–private partnership to convert millions of property records—both from paper to digital and in some cases from a deeds system to titles—and create the world’s first electronic land registration system. During the partnership’s first 12 years, beginning in 1991, the provincial government and joint venture company Teranet worked to persuade sometimes skeptical politicians and real estate professionals of the value of their model and laid the groundwork for a lasting relationship even after the government sold its ownership stake in 2003. Despite early financial challenges and a slower-than-expected conversion process, Teranet and the Ontario government pioneered technology that became a model for the world, simplified transactions for the province’s landowners, and built a relationship that continued to offer value for both partners in 2016, 25 years after the partnership began.

    Lessons Learned

    • Designing a successful PPP. The public–private partnership between Ontario and private joint venture company Teranet facilitated greater investment in innovative technology. Close collaboration, the use of existing government capacity, and strong governance structures were crucial for maintaining an effective working relationship—even after the government sold its stake in Teranet in 2003.
    • Challenges of converting deeds to titles. Creating a new form of title and setting precedents for the handling of unusual properties helped speed the conversion from a deeds to a titles system. But despite efficiency gains, the process remained time- and resource intensive.
    • Stakeholder relations. A close relationship with entities such as the law society and a gradual rollout of new technology eased real estate professionals’ acceptance of electronic registration. Later, those relationships played a key role in measures to prevent fraudulent transactions.
    • Private versus nonprofit incentives. As a for-profit company, Teranet had an incentive to focus on commercial, value-added products after developing the electronic registration system. In contrast, British Columbia’s nonprofit Land Title and Survey Authority reinvested its revenues in its registration and mapping systems.

    Maya Gainer drafted this case study based on interviews conducted in Toronto, Vancouver, and Victoria, Canada, in August and September 2016. The Omidyar Network funded the development of this case study. Case published January 2017.​

    From the Ground Up: Developing Jamaica’s National Land Agency, 2000-2016

    Author
    Maya Gainer
    Country of Reform
    Abstract

    In 2001, registering or transferring land in Jamaica was an uphill battle. Four separate departments handled different aspects of land administration, leading to weak coordination and delay. Even straightforward transactions dragged on for weeks, simply getting information was a struggle, and fraud was commonplace. In April of that year, Jamaica established the National Land Agency, charged with merging the four departments, speeding up services, and improving their quality. As the new agency’s CEO, Elizabeth Stair led a team of managers that had to oversee the consolidation, design systems to prevent fraud, improve performance, and implement new procedures and technologies to increase speed and transparency. During its first decade and a half of operation, the National Land Agency significantly reduced processing times and won acclaim for its customer service and innovative use of technology. Despite these successes, there was still room to improve land tenure security. Stiff documentation requirements, high costs, and limited awareness of the process meant that registration and related services remained out of reach for many Jamaicans.

    Lessons Learned

    • Advantages of functional consolidation. Merging four divisions into a single semi-autonomous agency allowed the government to streamline service delivery, standardize procedures, and reduce processing times.
    • Overcoming resistance and curbing graft. A strong, unified management team and a consistent message helped answer internal opposition and external critics of the transition. Staff retraining, individualized targets for performance tied to financial incentives, and new procedures and technologies helped establish a new operational culture.
    • Additional barriers remain. Despite the agency’s successes, Jamaica’s overall experience also demonstrates the range of additional barriers to land registration, including stiff documentation requirements, high costs in the form of fees and taxes, and limited awareness of the requirements, that can prevent many property owners from formalizing their claims.

     

    Maya Gainer drafted this case study based on interviews conducted in Kingston, Jamaica, in June 2016. The Omidyar Network funded the development of this case study. Case published January 2017.

    A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South AfricaCanadaJamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

    Watch the video of Elizabeth Stair - CEO and Commissioner of Lands, Jamaican National Land Agency.

    Abdul Muyeed Chowdhury

    Ref Batch
    G
    Focus Area(s)
    Ref Batch Number
    1
    Country of Reform
    Interviewers
    Andrew Schalkwyk
    Name
    Abdul Muyeed Chowdhury
    Interviewee's Position
    Chairman and Director
    Interviewee's Organization
    BRACNet
    Language
    English
    Nationality of Interviewee
    Bangladeshi
    Town/City
    Dhaka
    Country
    Date of Interview
    Reform Profile
    No
    Abstract

    Abdul Muyeed Chowdhury details his involvement with the Bangladeshi civil service, providing insight on civil service reform within the country. In particular, he describes his role in government attempts to restructure administrative agencies through the creation of review committees. Chowdhury talks about how he became chairman of one such committee, called the Muyeed Committee, which sought to assess departments within the government and produce recommendations for reform. He also elaborates upon his roles in the 1993 Nurunnabi Committee and the 2007 Regulatory Reform Commission. Outlining the importance of land in Bangladesh, Chowdhury talks of the problems created in the country by an archaic land management system and describes his frequent attempts to institute modernization in land administration. He is quick to note, moreover, that regardless of how eager governments may be to set up review commissions at the start of their tenure, they often fail to implement reform recommendations. Indeed, electoral politics and party rivalries often prevent committee reports from being fully carried out. Chowdhury further describes the way civil servants are impacted by the tussles between rival parties as different government administrations succeed each other. This leads to a broader discussion of the major challenges facing the civil service and the need for effective reform. Chowdhury concludes with anecdotes from his time as a Fulbright scholar in America, sharing stories from his life that, in his opinion, serve to exemplify the changes needed in the civil service of Bangladesh.    

    Case Study:  Energizing the Civil Service: Managing at the Top 2, Bangladesh, 2006-2011

    Profile

     At the time of this interview, Abdul Muyeed Chowdhury was the Chairman and Director of BRACNet, a joint venture ISP, and the owner of Tiger Tours Limited, a tour operating company looking to promote tourism in Bangladesh. A career civil servant for 33 years, Chowdhury joined the Civil Service of Pakistan in 1967 and went on to serve in the Bangladesh civil service upon the country’s independence. He acted as secretary to the Bangladeshi government in various ministries from 1994 to 2000, and served as the managing director and chief executive officer of Biman, the national Bangladesh airline, from 1991 to 1994. Having worked as the director general of the department of land records and surveys in Bangladesh, Chowdhury was also involved in recommending the modernization of land record preparation and management through two reform commissions. In 1989, he was chairman of the Muyeed Committee, and in 2007, as a member of the Regulatory Reforms Commission, he headed a committee that recommended land reform. After his retirement in July 2000, Chowdhury became the executive director of BRAC, a position he retained till 2006. He was also a global councilor for the International Union for the Conservation of Nature from 2004 to 2008. Chowdhury obtained a Bachelor of Arts (Honors) in History in 1964 and a Master of Arts in Modern History from the University of Dhaka in 1965. He also attended the University of Tennessee (Knoxville, USA) for nine months as a Fulbright scholar studying public administration from 1980 to 1981.

    Full Audio File Size
    85 MB
    Full Audio Title
    Abdul Muyeed Chowdhury - Full Interview