If a policy decision is taken to develop a particular area in a planned manner, the following provisions of the UDA law will come into operation: • Section 3: If the Minister is of the opinion that any area is suitable for development, he can declare it to be an urban development area. • Section 8 lays down the powers and functions of the UDA in this regard: • • To formulate and develop an urban land use policy To formulate and execute housing schemes • Section 8A (1) provides for the preparation of a development plan. • Section 23(1): Where the Town and Country Planning or any other enactment is in conflict with any development plan under this Act it shall cease to operate. In terms, however, of section 23(3) the Minister can declare that the UDA shall cease to be the authority responsible and the Town and Country Planning and other enactments shall be applicable. Our recommendation is that suitable areas be identified for planned development using appropriate criteria. 5) Property rendered uninhabitable as a result of unexploded ordnance or mines in the region A large percentage of lands fall into this category. Returning refugees and IDPs are, therefore, unable to re-occupy their properties or cultivate their lands. This issue will arise only in areas that are uninhabited and, therefore, the owners may be able to have their claim determined before taking possession of their property. They would need, however, to liaise with the Government with regard to clearing the place of mines or any other unexploded devices. Of course, obtaining possession of the property alone will not solve all issues connected to this matter: the owner takes a risk in taking possession of the property and he needs to be covered by an appropriate risk cover or insurance. Although, in theory, it is possible to sue persons responsible for the placing of mines, this is not a practicable remedy for the returning refugee or IDP. We, therefore, recommend suitable administrative measures be taken and, in cases of injury or death, adequate compensation be made available either from the State or through an insurance scheme. 6) Tenant cultivators wish to return to the land for cultivation Cultivators of land belonging to others are protected by the Agrarian Services Act, which spells out in detail the rights of the cultivator as well as the owner. However displacement of owners or cultivators has rendered this statute ineffective. The applicable law is the Agrarian Services Act No. 58 of 1979. (i) The owner refuses to hand over the land when they return The Agrarian Services Act governs the right of a tenant cultivator and landlord. Section 2(1) provides that the agreement can either be oral or written. A tenant cultivator shall have the 12