Bornwell Mutelo

The report of the commission of inquiry into claims of ancestral land rights and restitution was submitted to President Hage Geingob on 24 July 2020 to solve the land disputes between traditional communities in the Republic of Namibia. This was a symbol of good governance and potentiality. 

Congratulations to the President and the commission of inquiry on a job well done. 

This was to support the Communal Land Reform Act, 2002 (No.5 of 2002), in totality though the nation is on a hard look to receive a final report from the highest office at any time from now.

The Communal Land Reform Act 5 of 2002 defines the traditional community as follows: A community recognised as such under the Traditional Authorities Act, Act 25 of 2000. It basically meant that members of such communities share a common ancestry; language; culture; customs and traditions; they recognise a common communal area. 

Even members residing outside the communal area in question may be included in the definition of traditional community. 

Some of the Namibians do not understand this definition in reality. This does not mean that you can reside anywhere without authority. One should follow the procedures of allocation of land. Be careful, if you ask for a piece of land from a different traditional community automatically you become a member of that traditional community because you are a resident in their area of jurisdiction. 

Do not cause confusion among that community as the traditional authority has the power to cancel your land right even though you are in possession of the certificate according to section 27 in the Act.

Boundaries in the Zambezi region are the only solution to avoid overlapping of powers among recognised chiefs and traditional leaders in the region. There is no country in this world without boundaries between traditional communities otherwise they can live wildly. You will find a chief allocated land rights in another chief’s area of jurisdiction, which can cause a chaotic situation between the traditional communities, that we do not support. We need peace; harmony and stability in a democratic country like Namibia. The aim of the liberation struggle was total independence. 

Therefore, we should all understand the principle of democracy in Namibia. 

It is not good enough pointing fingers to one another. Captains of tribes: Read Numbers chapter two, verses one to 34. These tribes had leaders and their boundaries between camps. In Deuteronomy 19:14 it reads: Thou shalt not remove thy neighbour’s landmark, which they of old time have set in time inheritance, which shalt inherit in the land that the lord thy God gives thee to possess it.  Also read Deuteronomy 27, verses 17 cursed are the man that removes his neighbour’s landmark, and all the people shall say, Amen. Everything is contained in the Holy Bible as reference.

Who owns communal land? Please read section 17 in the Communal Land Reform Act, 2002 (No: 5 of 2002) page seven. NB: The State must look after the communal lands and act in a way that will benefit the communities living in communal areas. In other words, the people living in communal areas must get the benefits of the communal lands, not other people. 

Some of us understand that communal land belongs to the chief. Yes, according to our customs but the Act says: it belongs to the State or communities. Section 20: the chief or the traditional authority has the primary power to allocate or cancel any customary land rights. This means that the chief or traditional authority first must decide whether or not to grant an application for a customary land right but following the procedures in the Act. 

Don’t run to the chief for paying an appreciation of N$3 000 and ignore the headmen, otherwise you might lose your money. You cannot say you bought land. Read section one. No communal land can be bought or sold, otherwise you are just giving appreciation. No price for communal land. I should advise to follow the procedures as I have already alluded! 

If you reside within that traditional community, you have joined it, you are now part and parcel of that tribe, and it is normal. You are compelled to pay allegiance to that traditional authority. 

You can’t reside in that area of jurisdiction and pay your allegiance somewhere. You should follow the customs of that traditional community. 

During elections, you should register within that area of jurisdiction. 

We want to wipe out tribalism in the Zambezi region one way or the other. If you cannot pay allegiance to that chief, please avoid joining that traditional community. Stay away from it please! You may be forced to dance to their tune. 

Those whose grandparents and parents were born within that traditional community are most welcome to stay there but must follow the procedures according to the Act. The communal land is very scarce and it cannot accommodate the multitude of people. 

The love of money is dangerous. Money can promote conflict among traditional communities. This is the only region without boundaries between traditional communities in the Republic of Namibia. That is why there is a big number of land disputes. In other regions such as Kavango East and West, you will hardly hear traditional communities fighting for boundaries because the boundaries are already in place. 

Every community knows its boundary. A region without boundaries is like an area without roads or is like a big house without rooms. I remember in the year 2008, there was a delegation that was assigned by the Ministry of Land and Resettlement to visit the traditional authorities to display the maps of every traditional community where it starts and ends. So, it is not a secret. Those who will complain must request the tribunal committee to investigate the truth. 

People are complaining about development in the Zambezi region because there is tribalism between the traditional communities. There is survival of the fittest in sharing resources in the region. These are all caused by the source of peace, harmony and stability in the region. 

We can’t live without boundaries. Most of the traditional communities are grabbing land from others unlawfully. We can’t live wildly like animals and fish in the river. Caprivi was changed to Zambezi. The Western Caprivi is changed to Bwabwata National Park! Why can’t we change Western Caprivi to Western Zambezi? Zambezi is part of Namibia as a region. 

We cannot run from the truth but boundaries should be in place for every person to know his area of jurisdiction so that every chief will know his communal land without overlapping one another. Comrades, you will find in one district there are two headmen. This one is paying allegiance to chief A, the other one is paying allegiance to chief B but they share a common communal land. Their followers are also splitting into two factions in the same area of jurisdiction. 

This is chaos.