– Finally go for systematic registration of remaining parcels as demand grows
and the admin/adjudication system mature
• For example, in Uganda first phase focused on the production of a foundation for
the purposes of land management and spatial information management at scale,
also to address the land management issues of the day. The second phase used this
foundation to increase the tenure security of households and individuals. Those
people who have been demarcated who want titles can apply for customary
certificates. This process is cheaper because it is systematic, and it deals with
all disputes in an area at one time, thereby protecting the rights of the poor.
• While systematic titling is not a Best Practice, Best Practice involves the systematic collection and display of spatial and land record information for all decision
makers, and the systematic cleaning up of titles and solving of ambiguities/
disputes in preparation for individual titling on demand (Uganda; KwaZuluNatal, South Africa).
• Democratic structures forming part of new land laws, which are meant to make
land administration transparent, solve conflicts over land and bring good governance at the local level, can be too costly to implement in terms of the institutional
structure required (Uganda, South Africa).
• Registry systems have to be drastically adapted to be able to register customary
type tenures, not just by decentralization and transparent procedures and a userfriendly culture. Procedures have to be created which can move uncertain customary information about inheritance etc. to certain information on the registry
record (Namibia).
• Decentralized implementation requires inter-agency co-ordination between lands,
local government, justice etc. (Uganda, Mozambique)
• Conventional registries do not assist the public with legal advice. Registries for
the poor need to also assist the poor with legal advice about their land rights and
their options (Rehoboth-Namibia).
• New laws making provision for registration of group rights (Uganda,
Mozambique, South Africa). Uganda has introduced the customary certification
of these rights. Also, it is not individual certification, and a number of people and
a range of rights can be registered such as the wife and husband and children, as
well as those people with third party rights, such as people crossing the land,
obtaining firewood etc. (Uganda).
• Protection of spouses through co-ownership laws (Mozambique) and joint estates
through family law (South Africa) and tenure security through requiring consent
for the transfer of land (Uganda, Kenya, South Africa).
Overview of Main Challenges with Regards to Land Tenure in Africa:. . .
125
and the admin/adjudication system mature
• For example, in Uganda first phase focused on the production of a foundation for
the purposes of land management and spatial information management at scale,
also to address the land management issues of the day. The second phase used this
foundation to increase the tenure security of households and individuals. Those
people who have been demarcated who want titles can apply for customary
certificates. This process is cheaper because it is systematic, and it deals with
all disputes in an area at one time, thereby protecting the rights of the poor.
• While systematic titling is not a Best Practice, Best Practice involves the systematic collection and display of spatial and land record information for all decision
makers, and the systematic cleaning up of titles and solving of ambiguities/
disputes in preparation for individual titling on demand (Uganda; KwaZuluNatal, South Africa).
• Democratic structures forming part of new land laws, which are meant to make
land administration transparent, solve conflicts over land and bring good governance at the local level, can be too costly to implement in terms of the institutional
structure required (Uganda, South Africa).
• Registry systems have to be drastically adapted to be able to register customary
type tenures, not just by decentralization and transparent procedures and a userfriendly culture. Procedures have to be created which can move uncertain customary information about inheritance etc. to certain information on the registry
record (Namibia).
• Decentralized implementation requires inter-agency co-ordination between lands,
local government, justice etc. (Uganda, Mozambique)
• Conventional registries do not assist the public with legal advice. Registries for
the poor need to also assist the poor with legal advice about their land rights and
their options (Rehoboth-Namibia).
• New laws making provision for registration of group rights (Uganda,
Mozambique, South Africa). Uganda has introduced the customary certification
of these rights. Also, it is not individual certification, and a number of people and
a range of rights can be registered such as the wife and husband and children, as
well as those people with third party rights, such as people crossing the land,
obtaining firewood etc. (Uganda).
• Protection of spouses through co-ownership laws (Mozambique) and joint estates
through family law (South Africa) and tenure security through requiring consent
for the transfer of land (Uganda, Kenya, South Africa).
Overview of Main Challenges with Regards to Land Tenure in Africa:. . .
125