In Namibia, communal land holds great significance as a resource vital to the livelihood and well-being of many rural communities. 

The responsibility of managing and administering land lies with the government through traditional authorities for the benefit of traditional communities. 

The management, allocation and preservation of land play a central role in the development of rural Namibia. 

However, several challenges, such as unlawful land sales and the improper handling of commonage, can threaten the integrity and sustainability of this valuable resource.

Consequences of unlawful sale

One of the most significant threats to communal land governance in Namibia is the unlawful sale. 

Individuals do not have the legal right to sell it. 

Despite this, illegal land transactions are becoming increasingly prevalent, particularly in areas close to urban centres or main roads. 

The motivations behind these illegal sales often involve land speculation, and the financial allure of quickly capitalising on land values in high-demand areas. 

However, such actions undermine the legal framework governing land tenure, and compromise the sustainability of the communal land system.

The sale of communal land leads to several severe consequences.  When land near urban centres is sold, it opens the door to land grabbing, where wealthier individuals or entities with greater financial resources encroach on land that traditionally belonged to the community. 

This disrupts the social fabric of rural communities, often leading to disputes and legal conflicts, destabilising the communal land system. 

Third, it results in illegal fencing over large tracks of land, which results in major land disputes that lead to physical confrontations.  

To mitigate these harmful consequences, it is essential to emphasise that when a landholder no longer wishes to occupy or use a piece of communal land, the correct procedure is not to sell it, but to return it to the traditional authority. 

This allows the land to be reallocated to community members in need, ensuring that it continues to benefit the broader community.  Legal mechanisms should be strengthened.

In addition, communities must be made more aware of the serious repercussions of engaging in unlawful land transactions. 

Education, awareness campaigns and enforcement of the law are vital tools to combat this growing concern.

Commonage plays a central role in rural economies, particularly for livestock farmers, as it offers critical grazing land and other natural resources necessary for survival.

Preserving commonage is not just about protecting physical resources. It is also about sustaining the social and cultural fabric of rural communities. 

Commonage fosters community cooperation, collective resource management and cultural practices that have been passed down through generations. 

These shared spaces are a cornerstone of communal life, ensuring that all members have equal access to essential resources.

However, commonage is increasingly under threat from encroachment, privatisation and overuse. If commonage areas are lost or degraded, the consequences for rural communities could be severe, leading to social unrest, increased inequality and environmental degradation. It is, therefore, critical to protect these areas through sustainable management practices that respect traditional rights and encourage community cooperation. 

The preservation of commonage ensures that these resources continue to benefit all members of the community, particularly the most vulnerable, and maintains ecological balance for future generations.

Communal land management challenges

Failing to address the issues surrounding communal land allocation, unlawful land sales, land registration and the preservation of commonage can have far-reaching consequences. 

If the unlawful sale of communal land continues unchecked, it will erode the traditional land management system.

This results in ungovernable practices, weakening or destroying the way land has traditionally been managed by the community. This system, which has been passed down through generations, helps ensure fair use and respect for the land. 

If it is disrupted, it can lead to confusion, disputes and the loss of control over the land, ultimately harming the community and its way of life.

The lack of proper land registration increases the likelihood of land disputes, undermines the security of tenure, and allows land grabbing and illegal fencing to persist. 

On the other hand, without the preservation of commonage, rural communities could experience significant declines in access to essential resources. 

As these issues escalate, rural communities may face greater poverty, increased migration to urban areas and the collapse of land administration systems.

*Mbushe-Elifas Elifas is a development planner at the Ministry of Agriculture, Fisheries, Water and Land Reform. She writes in her personal capacity.