sequencing reform

Land Rights in the Township: Building Incremental Tenure in Cape Town, South Africa, 2009–2016

Author
Leon Schreiber
Country of Reform
Abstract

In 2009, South Africa’s second-most populous metropolitan area, Cape Town, adopted a new strategy to usher the rule of law into shantytowns that had sprung up on its outskirts, on municipal land. Without legal property rights, most of the residents of those communities were vulnerable to eviction and had access to neither municipal services nor home addresses they could use to obtain cell phone contracts or other basic goods. Lacking both the space to relocate households and the money to build enough new houses, the city partnered with a program called Violence Prevention through Urban Upgrading to pilot an in situ settlement upgrade that allowed people to remain in their homes. Through an incremental tenure approach, the city issued occupancy certificates that recognized residents’ rights to remain on the land, that protected against arbitrary eviction, and that laid the groundwork for eventual access to the services enjoyed by city residents living in legal housing. The pilot project focused on Monwabisi Park, a community of about 25,000 on the southeastern edge of Cape Town. Beginning with a full enumeration of land, structures, and occupants, the project helped construct a community register, issue occupancy certificates, and extend electric power throughout the area. By November 2016, the first phase of the project had been completed, and hundreds of residents visited the community registration office every month to update their details. Using their occupancy certificates, residents could obtain cell phones, register their children in schools, receive medication from the health department, and open furniture store accounts. However, the second phase of the project—rezoning and physically upgrading the settlement—stalled in late 2016, as Cape Town officials wrestled with the basic question of how to install water and sewerage infrastructure in situ without moving any households. Even with that pause, though, Monwabisi Park offered important lessons for other cities and countries about how to provide poorer, more-transient citizens greater stability and financial access.

Lessons Learned

  • In a complex urban environment, community-led surveying and enumeration cannot be rushed. Time is required to build trust with and among different groups in the community and ensure accuracy.
  • Projects whose greatest impact will only materialize in the future need broad support to survive political turnover. Emphasis on the long-term benefits of settlement upgrading can help reduce resistance from an incoming administration concerned about supporting an outgoing mayor’s pet project.
  • Visible administration—having the project team physically working in the settlement on a regular basis—was key to maintaining an organized tenure administration system.
  • Securing upfront agreement with city engineers on infrastructure installations plans is vital. Failure to approve a design plan after the program has launched frustrates residents and undermines the progress already made.
  • Taking steps to help new holders of occupancy certificates understand their rights and the consequences of off-registry transfers should be a component of every incremental tenure program.

Leon Schreiber drafted this case study with Professor Michael Barry of the University of Calgary based on interviews conducted in Cape Town and Johannesburg, in July and August 2016. Case published February 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 Kathryn Ewing - Director, Violence Prevention through Urban Upgrading

Helping Business While Raising Revenue: Streamlining Kenya’s Customs Collection, 2003–2007

Author
Matt Strauser
Focus Area(s)
Country of Reform
Abstract

In the early years of the twenty-first century, aging technology, disorganization, and corruption undermined the effectiveness of Kenya’s customs service as highlighted in a 2002 study by the World Customs Organization of port operations at Mombasa. Growing regional trade and domestic anti-corruption initiatives created pressure to improve customs operations. Neighboring countries had started to upgrade their ports and implement measures that would expand both regional and inter-continental trade. To control revenue loss and maintain a significant role in global trade, Kenya would have to streamline customs processes and improve accountability. In 2002, newly elected president Mwai Kibaki put his political support behind an effort to improve government services, reduce corruption, and boost the country’s financial position. The Kenya Revenue Authority, the agency responsible for customs, was at the center of the nationwide reform effort. Over the next several years, the authority’s new commissioner, Michael Waweru, and a handful of lieutenants reshaped record keeping, upgraded automation, raised the level of staff training, and succeeded in paving the road to future reforms.

Matt Strauser drafted this case study based on interviews conducted in Nairobi and Mombasa, Kenya by Kimberly Bothi in June and July 2012. Case published October 2014.

Creating an Affordable Public Service: Tanzania, 1995-1998

Author
Andrew Schalkwyk and Jennifer Widner
Focus Area(s)
Country of Reform
Abstract

In the early 1990s, Tanzania launched one of the most wide-ranging civil service reform programs ever undertaken in a low-income country. Over a period of 15 years, reform leaders worked to create a government the country could afford and that would deliver services more effectively. They reduced the size of the civil service, reorganized some functions into separate agencies, changed recruitment practices, adjusted pay scales, and launched initiatives to improve performance. Reform leaders scored some notable successes, reducing the size of the civil service by more than 25% and dramatically improving some core economic services such as business licensing. They also encountered obstacles and made slow progress in some aspects of their program, particularly performance management. This case focuses mainly on the period 1995-1998.

 
Andrew Schalkwyk and Jennifer Widner wrote this case study on the basis of interviews conducted in Tanzania in 2008 and 2009. This case is part one of a series. Case published August 2012.