Auleria Wakudumo
Ministry of land reform spokesperson Romeo Muyunda has confirmed that the proposed sale of Farm Neu Progress No. 506 in the Khomas region is not subject to the Agricultural (Commercial) Land Reform Act.
This is after establishing that the property falls within the expanded boundaries of Windhoek.
Muyunda said the clarification follows an earlier statement issued by the ministry after a South African advertisement promoted the proposed auction of the farm and stated that the property was open to international buyers with no special government approval or waiver required.
“Farm Neu Progress No. 506 is situated in Registration Division K, measures approximately 5 934 0354 hectares and is registered under Progress Farming Co. Limited, Company Registration Number B0/043,” Muyunda stated. In its initial statement, the ministry expressed concern over the claims made in a South African advertisement, saying they were false, misleading, and inconsistent with the laws governing agricultural land transactions in Namibia.
The Ministry explained that in terms of the Agricultural (Commercial) Land Reform Act, all agricultural land transactions in Namibia are regulated by law and subject to statutory requirements that apply to both Namibian citizens and foreign nationals. The ministry further stated that the law gives the government the right of first refusal whenever agricultural land is intended to be sold. Muyunda also noted that no foreign national may acquire agricultural land in Namibia without first obtaining a waiver and approval from the minister responsible for land reform.
At the time, the ministry said there was no waiver or ministerial approval issued in respect of farm Neu progress No. 506 that would permit the lawful transfer of the property to a foreign national. Ministry records also indicate that the farm had not been offered to the Namibian government in recent years, as required by law.
“There was no active certificate of waiver in existence that the owners could rely upon to privately dispose of the property,” he said.
Following further internal verification and consultations, the ministry later established that Farm Neu Progress No. 506 falls within the expanded boundaries of the Windhoek local authority area. According to Muyunda, the boundary extension followed a Government Gazette Proclamation issued in September 2011 by the then Ministry of Regional and Local Government, Housing, and Rural Development.
“In light of the confirmation that the farm falls within the proclaimed local authority area of Windhoek, the provisions and statutory requirements of the Agricultural (Commercial) Land Reform Act, 1995, including the government’s right of first refusal, waiver requirements, and ministerial consent relating to foreign ownership of agricultural land, do not apply to this particular property,” he clarified.
The ministry acknowledged that its earlier concerns regarding the applicability of the Agricultural (Commercial) Land Reform Act were based on information available at the time and were later clarified following a comprehensive review of the legal and administrative status of the property. The ministry reiterated the importance of ensuring that all land transactions conducted within Namibia comply fully with the applicable legal and regulatory frameworks governing land ownership, land use, and property transactions.
The ministry further stated that it remains committed to protecting the country’s agricultural land resources and ensuring that all land transactions are conducted transparently, lawfully, and in the national interest.