Linking land restitution and urban development : lessons for restructuring the apartheid city from the Kipi land claim, Durban Metropolitan area.
This paper undertakes an indepth study of the Kipi land restitution claim. This study focuses on the nature of the settlement achieved in the case ofthe Kipi land claim and covers the period 1993 to 1999. It compares the Cato Manor reconstruction and development process and the Kipi land restoration and housing process within the Durban Metropolitan's Inner West Council area. The study does this by tracing the history of the Kipi community's relationship with the land, documenting the communities resistance of the removal in terms of the Group Areas Act and presenting a critical examination of the communities efforts to reclaim and develop their land. The study uses the case ~tudy method to analyse the principles embedded in this settlement and attempts to draw on these to inform possible policy recommendations in respect of other urban land claims. The central thesis of this dissertation argues that the quality of restitution delivery is directly affected by the degree to which it is located within local development coordination and management institutions and structures. In the Kipi claim the Council chose negotiation rather than the apartheid planning principles of prescription and coercion. This resulted in a integration of the housing and restitution processes. It is in this light that the role of the land claims working group which was set up by the Commission and the Durban Metro Inner West local council is evaluated. While in the Cato Manor case the Council chose to follow the legal route and opposed restoration in terms of section 34 of the Restitution ofLand Rights Act. The consequences of following the legal route has been that the housing and land restitution processes have been compartmentalised. It is argued that post apartheid planning is indeed a complex process that needs to engage creatively and flexibly with issues of over due social justice and the current development needs of the urban poor. It is important that in reconstructing the urban landscape that communities are involved in planning models that focus on bottom up processes for successful outcomes.