Abstract
Given the history of South Africa, which has resulted in a significantly skewed pattern of access to scarce resources in favor of a wealthy racial minority, the issue of access to land and shelter is a central and emotive one. It is also a potential arena of conflict and social and political divisions. It is therefore important to understand, monitor, and resolve these conflicts. This paper is the first in a series of case studies, drawn from within greater Cape Town, which examine conflicts over land and housing and how these conflicts are being managed. This case is that of Wallacedene, a primarily informal settlement in the north of the city, which has been the subject of an informal settlement upgrading process. Different forms of conflict occur over the life cycle of an informal settlement. Community-based institutions form an essential component of conflict management strategies. However, there have to be checks and balances on how these institutions operate. Moreover, accurate, local level records of transactions in land rights, which are often informal transactions, are an essential part of land and housing delivery.
This is a preview of subscription content, log in via an institution to check access.
Similar content being viewed by others
References
Barry, M. B. (1999). Evaluating cadastral systems in periods of uncertainty: A study of Cape Town’s Xhosa-speaking communities. PhD thesis, University of Natal, Durban.
Barry, M. B. (2006). Formalising informal land rights: The case of Marconi Beam and Joe Slovo Park. Habitat International, 30(2006), 628–644.
Department of Housing. (2004). Breaking new ground (New comprehensive housing plan). Presentation to Portfolio Committee on Housing 9 September 2004. Breaking New Ground: A Comprehensive Plan for the Development of Sustainable Human Settlements http://www.housing.gov.za/Content/Portfolio%20Committee%20on%20Housing%209%20Sep%20%202004.pdf.
Department of Housing. (2005). Housing delivery statistics. March 2005 http://www.housing.gov.za/Stats/Housing%20Delivery%20Stats.htm.
Government of the Republic of South Africa and Others v Grootboom and Others 2000 CCT 11/00. (First appellant is the Government of the Republic of South Africa (the national government); the second is the Premier of the Province of the Western Cape representing the Western Cape Provincial Government (the Western Cape government); the third appellant, the Cape Metropolitan Council (the Cape Metro) is the supervisory tier of local government in the area; and the fourth appellant is the Oostenberg Municipality (the municipality) which is a further tier of local government.).
Government of the Republic of South Africa and Others v Grootboom and Others. (2001). (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC).
Grootboom v Oostenberg Municipality and Others. (2000). (3) BCLR 277 (C).
Harley, A., & Fotheringham, R. (1999). 20 years in the land rights struggle 1979-1999. Association for Rural Advancement (AFRA), Pietermaritzburg.
Lanegran, K. (1996). Civic associations in transitional local government structures in South Africa. Critical Sociology, 22(3), 113–134.
Millstein, M., Oldfield, S., & Stokke, K. (2003). uTshani BuyaKhuluma—the grass speaks: The political space and capacity of the South African Homeless People’s Federation. Geoforum, 34(2003), 457–468.
Republic of South Africa. (1994). White paper: a new housing policy and strategy for South Africa, Department of Housing, Government Gazette No 16178, 23 December 1994.
Schoonakker, B. (2004). Treated with Contempt. Sunday Times, 21 March 2004.
Seekings, J. (1992). The revival of the people’s courts: Informal justice in transitional South Africa. South African Review, 6, 186–200.
Seekings, J. (1997). SANCO: Strategic dilemmas in a democratic South Africa. Transformation, 34, 1–30.
South African Institute of Race Relations. (1994). Race relations survey 1993/1994. Johannesburg, South African Institute of Race Relations.
Statistics South Africa. (2001). Key Municipal data - Census 2001. http://www.statssa.gov.za/SpecialProjects/Census2001/Census2001.htm.
Tushnet, M. (2003). The issue of state action/horizontal effect in comparative constitutional law. International Journal of Constitutional Law, 1(1), 79–98.
Acknowledgements
This work was funded by The South Africa Netherlands Research Programme on Alternatives in Development and the South African National Research Foundation, Urban Land Tenure and Conflict Management project.
Author information
Authors and Affiliations
Corresponding author
Additional information
MEDIA REPORTS
Cape Times
• Cape Times, 31st January, 1990
• Cape Times, 1 Feb 1990
• Taxi Driver Shot Dead by Three Gunmen posing as Passengers, 24 May 2005.
IOL—Independent on line at http://www.iol.co.za
• Court Rules in Favor of Squatters, 21 September 2000
• DA, ANC Push and Shove over Berlin Wall, 1 July 2002
• DA, ANC Square up over Wall, 27 June 2002: Ashley Smith
Sunday Times
• Treated With Contempt, 21 March 2004: Bonny Schoonakker
Rights and permissions
About this article
Cite this article
Barry, M.B., Dewar, D., Whittal, J.F. et al. Land Conflicts in Informal Settlements: Wallacedene in Cape Town, South Africa. Urban Forum 18, 171–189 (2007). https://doi.org/10.1007/s12132-007-9010-9
Received:
Revised:
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s12132-007-9010-9