WINDHOEK– In order to tighten existing loopholes that allow traditional authority leaders to sell off huge tracts of land willy-nilly to foreign nationals at the expense of locals, the government has now placed restrictions on the acquisition of customary land rights by foreign nationals.
In the past traditional leaders had full powers in their respective areas to sell land to investors or foreign nationals without seeking the approval of the minister responsible for all affairs relating to land. Not too long ago traditional leaders in the Zambezi and Kavango regions allocated over 90 000 hectares of land to a foreign company to establish plantations for the large-scale cultivation of Jatropha for biodiesel. The traditional authorities in those regions were not aware of the actual size and extent of the allocation that had been made, because they could not comprehend the size in hectares, hence the restrictions by the ministry to ensure that the inhabitants of communal lands are not cheated out of their their customary land right. The Minister of Lands and Resettlement, Alpheus !Naruseb said the customary land rights the communities in the communal areas are entitled to should not be made available to foreign nationals and other elites. “The restriction on foreign nationals, not to acquire customary land rights and to access leasehold [land] rights only after approval has been granted by the minister responsible for land affairs, is in order,” he said.
However, he clarified that the restriction is not meant to limit the power to allocate land by traditional authorities, but rather to institute proper checks and balances. He said applicants for parcels of land exceeding 50 hectares will still be expected to motivate their applications, get letters of recommendation from the headmen or headwomen and the chiefs before an application is forwarded to the minister for approval. “It is worth mentioning that the minister’s approval or disapproval of any application will be based on the recommendations of both the village head or the chief of the traditional authority,” !Naruseb said. He also reiterated that such restriction is to ensure that each application by a foreign national is evaluated against a set of criteria before approval is granted. “For example, will the use of land by the foreigner add value as far as creation of employment and poverty alleviation is concerned?” he asked.
Regarding a leasehold period not exceeding 35 years, !Naruseb said the ministry would leave such a restriction to the administrative machinery to ensure each case is treated fairly and justly by all parties concerned, both the investor and the local community. “The ministry recognises that Namibia is part of a global village, which is rapidly changing and competitive. Our laws should not be rigid such that they are not aligned to global happenings. As much as it is crucial to tighten the legal loopholes, there is a need to be mindful of the competitive environment in which the country operates. Laws take a long time to revise, but administrative machineries are more flexible and therefore efficient,” !Naruseb said. Further, regarding the powers of the traditional authorities and those of the communal land boards, he said the different roles are clearly spelled out in the Communal Land Reform Act. According to him the primary role of allocating and cancelling customary land rights still rests with the traditional authorities, while the land boards are responsible for the allocation and cancellation of leasehold land rights. However, the traditional authorities should also give consent to the allocation of leasehold land rights, while it is the responsibility of the land boards to approve and register the customary land rights allocated by the traditional authorities.
By Albertina Nakale