THE CONFLUENCE OF THE STATE, LOCAL MUNICIPALITY AND TRADITIONAL AUTHORITY IN LAND GOVERNANCE

The report analyzes land governance in Engcobo, Eastern Cape, highlighting a conflict between the Engcobo Local Municipality and traditional leaders. While the municipality is mandated by the Spatial Planning and Land Use Management Act (SPLUMA) to oversee land use, it owns less than 1% of the land, most of which is under traditional custodianship. This imbalance leads to disputes over development projects, such as a proposed shopping mall, and boundary demarcations. The study also notes the failure of state-led land restitution and the rise of illegal land occupations due to land shortages and bureaucratic delays.

• Engcobo Local Municipality owns less than one per cent of the land within its jurisdiction, with the vast majority under the custodianship of traditional authorities, creating a significant power imbalance that hinders municipal land management.
• The Spatial Planning and Land Use Management Act (SPLUMA) of 2013 has become a primary source of tension, as traditional leaders perceive it as an attempt to strip them of their ancestral powers over land, while the municipality uses it to assert executive authority.
• A dispute over the construction of a shopping mall illustrates the lack of trust and consultation between authorities; the municipality attempted to build on land it claimed via a 1913 title deed, while traditional leaders and the community asserted the land was ancestral and never sold.
• Illegal land occupation is rampant in Engcobo due to severe land shortages for settlement, population growth, and a bureaucratic land acquisition process that can take up to a year for a response.
• Traditional leaders and community members generally reject the introduction of formal title deeds, fearing they are a 'western concept' that would lead to land being sold to banks or creditors and jeopardize women's access to land.
• Boundary demarcations conducted by the Municipal Demarcation Board (MDB) have caused deep resentment, with communities accusing the municipality and MDB of manipulating ward boundaries for political gain and 'vandalising' traditional villages.
• State-led land restitution efforts by the Department of Agriculture, Land Reform and Rural Development (DALRRD) are viewed as failures by local leaders, characterized by unfulfilled promises and a lack of implementation.
• Traditional leaders participating in the municipal council feel marginalized, describing their role as 'observers' rather than decision-makers because they lack voting powers.

APA

Ndlovu, T. (n.d.). THE CONFLUENCE OF THE STATE, LOCAL MUNICIPALITY AND TRADITIONAL AUTHORITY IN LAND GOVERNANCE. Public Affairs Research Institute. https://pari.org.za/wp-content/uploads/2022/07/EngcoboWEB.pdf

Chicago

Ndlovu, Thatshisiwe. THE CONFLUENCE OF THE STATE, LOCAL MUNICIPALITY AND TRADITIONAL AUTHORITY IN LAND GOVERNANCE. Public Affairs Research Institute, n.d. https://pari.org.za/wp-content/uploads/2022/07/EngcoboWEB.pdf.

Wikipedia

{{cite report |last1=Ndlovu |first1=Thatshisiwe |title=THE CONFLUENCE OF THE STATE, LOCAL MUNICIPALITY AND TRADITIONAL AUTHORITY IN LAND GOVERNANCE |publisher=Public Affairs Research Institute |url=https://pari.org.za/wp-content/uploads/2022/07/EngcoboWEB.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ndlovundconfluence, author = {Ndlovu, Thatshisiwe}, title = {{THE CONFLUENCE OF THE STATE, LOCAL MUNICIPALITY AND TRADITIONAL AUTHORITY IN LAND GOVERNANCE}}, institution = {Public Affairs Research Institute}, url = {https://pari.org.za/wp-content/uploads/2022/07/EngcoboWEB.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }