The relationship of traditional leaders and the municipal council concerning land use management in Nkandla Local Municipality

Abstract

Dual systems of land use management co-exist in South Africa. In rural areas under traditional authority (former Bantustans) customary land management systems are exercised by traditional leadership. The other system is the Western form of development control, largely based on land use zoning. The recently enacted Spatial Planning and Land Use Management Act now extends land use zoning to areas under traditional management, where there has previously not been any formal zoning. This article explores the perceptions of traditional leadership and their relationship to the local municipality in respect of land use management in the Mahlayizeni Traditional Council area within the KwaZulu-Natal Province. A phenomenological approach was adopted using questionnaires and interviews of purposively selected respondents. Respondents included traditional leaders and officials working in local and provincial government, with experience of spatial planning and land use management in rural areas. The research shows that there are parallel land use management systems in Nkandla. Although the land allocation system of the traditional leadership has servicing and financial implications for the municipality, there is little or no communication between the institutions. Municipal planning has no influence on traditional council decisions, which leads to fragmented development. Although the legislation demands inclusive spatial planning and land use management system as well as municipal control, the significance of land allocation to traditional leadership would imply that they would not easily give up these functions. Consequently, a locally appropriate land development administration system that includes traditional leadership should be devised that meets the legislative obligations of municipalities and requirements of traditional leaders alike. This system should constitute a hybrid form of land use management based on western and indigenous knowledge.

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