The Namibia Agricultural Union (NAU) has thrown its weight behind the government’s exclusive land tax exemptions which has seen only white men paying land taxes while previously disadvantaged Namibians pay nothing.

The union made its position known through a media statement issued last Friday.

In the statement, NAU acknowledged the historical inequality in the ownership of commercial agricultural land that persisted at the time of the country’s independence.

NAU also reminded the public that it participated in the formulation of the government’s land reform policy and supported its implementation.

“Throughout its history, NAU has consistently advocated for a fair and orderly land reform process, emphasising the importance of fair and affordable land
tax. 

Consequently, the organisation does not object to the exemption granted to previously disadvantaged individuals, recognising that the payment of land tax serves as a mechanism for landowners to financially contribute to land distribution in a systematic and peaceful manner,” the union said unambiguously.

Despite acknowledging that the current land tax values are deemed fair and just, the union also stated that paying such land tax impacts farmers’ profitability, particularly during periods of drought. 

“Compounding this, challenges arise from the poor administration of land taxes, whereby farmers are forced to settle four years’ worth of taxes simultaneously in 2024. The NAU emphasises that the success of land reform hinges on beneficiaries utilising the land productively and sustainably, contributing to the national gross domestic product (GDP). 

Undeterred in its commitment to the government’s land reform process, the NAU accentuates its continuous engagement in negotiations with the government, seeking a mutually beneficial outcome for the agricultural sector. Farmers continue to offer their land to support the ongoing land reform initiatives,” reads another part of the statement.

NAU continued: “NAU urges the government to ensure that redistributed agricultural land continues to produce food, aligning with principles of self-sustainability, food security, and job creation. Land reform can only be a success if the beneficiary of the land productively utilises the land in a profitable and sustainable manner. The organisation remains steadfast in its advocacy for a collaborative approach to achieving these goals for the betterment of agriculture in the country.”

As things stand, only white males are obligated to pay land tax, and are ineligible candidates for any exemption, a situation that has caused consternation among white male farmers, who feel hard done by the law.

However, black farmers are of the view that if past injustices are to be addressed, certain provisions ought to be in place to bring previously disadvantaged Namibians on par with their previously advantaged counterparts.

One of those in support of the status quo was farmer and deputy chairperson of the ancestral land commission, Fanuel Kaapama.

“The structure of land ownership some 33 years after independence is such that almost slightly more than half of Namibian land is owned by a specific racial group, which accounts for less than 5% of the population, who are white. So, that raises a serious question on the equitability of the land distribution pattern of Namibia, which has an inherently colonial and racist outlook,” Kaapama told New Era last week.

What is more, Kaapama said Affirmative Action is constitutionally provided for in law to specifically address colonial legacies.

“Now, if we also go into the land in the hands of black farmers, about 90% of it is still in debt with Agribank or other commercial banks. The same cannot be said about land in white hands… even whites born after independence, in most cases, sit on land inherited or bequeathed to them, debt-free land,” he reasoned.

To further buttress his argument, he said, even relatively rich blacks who own land cannot be compared to their white male counterparts, even if they were born after independence, as they have in most cases inherited it or sit on land that was never purchased.

“We know the history Namibia went through, that of colonialism and land dispossession. So, that argument is infested with a very high degree of denialism. Show me a place in Namibia where you have overcrowding of white farmers, and despite being overcrowded, are also forced to pay tax,” Kaapama wanted to know.

Agreeing with him was emerging farmer, lawmaker Vipuakuje Muharukua who said discrimination in this instance is justified.

“This is positive discrimination within the confines of the law. We should not fight affirmative action. We must support it,” he reiterated.

The MP premised his argument on articles 10 and 23 of the Namibian Constitution.

Muharukua, an admitted legal practitioner, said while Article 10 says no persons shall be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status, Article 23 makes provision for justified discrimination seeking to address colonial or apartheid legacies.

“Namibian laws don’t allow discrimination of any sort under Articles 10. However, if you go to Article 23 (1) and (2), it says nothing contained in Article 10 prevents Parliament from enacting legislation providing directly or indirectly for the advancement of persons within Namibia who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices,” he elucidated.

In this instance, exemption for land taxation does not target a specific race or gender, but a select group that benefited from past injustices, to the detriment of others.  Article 23 of the Namibian Constitution defines ‘previously disadvantaged’ persons as those who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices which existed prior to independence. They are black women, white women, and black men.

“The absence of the Affirmative Action Act and reliance on policy is the only shortcoming. But no reasonable court will rule in favour of anyone who challenges policies that seek to legitimately address colonial legacies. But, we need a law in place,” he stated.

According to investigations, the ministry collected a total of N$197 million in land tax between 2013 and 2023.

On her part, land reform executive director Ndiyakupi Nghituwamata said: “To say this is ‘discriminatory’ is being very insensitive towards those who suffered injustices and discrimination during the apartheid regime. This is not even discriminatory, it is an advancement of people who were previously discriminated [against] socially, politically, economically and educationally by past apartheid discriminatory laws, practices, policies and programmes. And until such advancement is reached, as provided under Article 23 and relevant legislations, these policies will continue to exist as it is constitutional.”

-  emumbuu@nepc.com.na