A contentious debate is set to unfold in the National Assembly following a bold motion by Landless People’s Movement (LPM) parliamentarian Utaara Mootu.
It calls for the expropriation of land from foreign absentee landlords without compensation.
Mootu’s motion challenges the principles of property rights protected under Article 16 of the Namibian Constitution, which guarantees people the right to own property, regardless of nationality.
“Absentee landlords have benefitted for too long at the expense of native Namibians,” she said while motivating her motion.
“The post – colonial government, in its current form, serves the interests of foreign nationals residing abroad to the detriment of those whose land was stolen through dispossession,” she asserted.
The motion calls for the immediate expropriation of agricultural land owned by foreign nationals who are not actively contributing to Namibia’s economy, with no compensation provided.
Mootu maintained that this approach will rectify historical injustices, and empower ordinary citizens who have long been sidelined in land allocation processes.
Resettlement policy
She then took aim at the recently-tabled National Resettlement Policy 2023-2033, introduced by agriculture minister Calle Schlettwein.
The policy requires applicants to demonstrate an income flow of up to N$2 million to qualify for resettlement.
“This policy, in its current form, perpetuates land inequality by catering to wealthy political elites while disregarding the black majority who need land the most. It’s an ultra-right policy that prioritises affluence over need,” she emphasised.
The parliamentarian argued that the current policy contradicts the government’s stated commitment to equitable land distribution, and instead entrenches class-based privilege.
Regional context
Namibia’s historical land dispossession, primarily during German and South African colonial rule, has led to ongoing discussions about how to balance property rights with restorative justice.
Neighbouring South Africa’s president Cyril Ramaphosa last month signed into law a Bill allowing land seizures by the State without compensation.
This move has put him at odds with some members of his government.
The law “outlines how expropriation can be done and on what basis”.
It replaces the pre-democratic Expropriation Act of 1975, which placed an obligation on the State to pay owners it wanted to take land from under the ‘willing seller, willing buyer’ principle.
In 2018 during a national land policy conference, late president Hage Geingob promised to push forward with expropriating land and redistributing it to the majority black population in the country.
At the time, he said “many Namibians were driven off their productive land”.
“We also share a burning land issue and a racialised distribution of land resources with South Africa. This comes from a common history of colonial dispossession. What we also agree to is that the status quo will not be allowed to continue,” Geingob stated at the time.
Legal perspective
Legal practitioner Emma Shivute raised concerns about potential violations of international agreements if the motion passes.
Namibia is a signatory to various international treaties which uphold property rights, including Article 17 of the Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948.
This foundational human rights’ document states that “everyone has the right to own property alone as well as in association with others (Article 17(1)”.
Article 17(2) declares that “no one shall be arbitrarily deprived of their property”.
Lawyer Henry Shimutwikeni observed that it is a “noble” motion, but will require amending the Constitution.
“This will require the amendment of article 16 (2). The State can already expropriate land. The only qualification is that they should give just compensation,” he said.
Contradicting Shivute’s comment, Shimutwikeni said in terms of sovereignty, the Constitution is supreme.
ashikololo@nepc.com.na