Lahja Nashuuta
The Land Bill tabled in Parliament by land reformist Inge Zaamwani proposes a raft of changes, among them scrapping the controversial “willing buyer, willing seller” clause, which many blame for Namibia’s snail-paced land reform agenda.
Zaamwani has called the Bill a “transformative instrument” that aims to correct historical land dispossession and promote fair access to land. Once passed into law, the bill is expected to bring major changes to land ownership and redistribution.
The Land Bill is one of 11 pieces of legislation expected to pass through the National Assembly this year.
It will replace 12 existing land laws, including the Agricultural (Commercial) Land Reform Act of 1995, and combine them into one law.
According to the minister, the bill introduces a state-led land redistribution approach to speed up the transfer of land to historically disadvantaged, landless and poorly resourced Namibians, including unemployed people.
One of the major changes is the removal of the “willing buyer, willing seller” system, which has long been criticised for being slow, expensive and unable to address land inequality.
The Bill gives the government power to expropriate land in the public interest if fair compensation is paid. This applies to farms put up for sale, land owned illegally by foreigners, absentee-owned land, underused land and properties that exceed set economic limits.
Under Section 89 of the proposed legislation, the minister must give landowners 30 days’ notice of intention to expropriate, allowing them to make representations and negotiate. If no agreement is reached, the process may continue, but the Land Reform Commission must first consider the welfare of farmworkers and their families.
Foreign ownership
The mooted law introduces a compensation system capped at the open market value of the property, plus proven financial losses. An additional payment of up to N$50 000 will be made for inconvenience.
Disputes over land value will be handled by a strengthened Lands Tribunal, whose membership will be expanded to seven experts.
Foreign ownership restrictions are also tightened. Foreigners will no longer be allowed to own communal or commercial land and may only lease land under strict conditions linked to job creation and economic benefit. Anyone who helps foreigners bypass the law faces fines of up to N$50 000 or a prison sentence of up to 10 years.
Hope
Activist Shaun Gariseb has welcomed the Bill, calling it a source of hope for landless Namibians. He said the proposed law marks a clear shift from the failed willing buyer, willing seller model by allowing compulsory land acquisition in the public interest.
Gariseb said the Bill also addresses long-standing inequalities by banning absentee land ownership and promoting fair land distribution for disadvantaged Namibians and landless communities, including the //Khomanin Traditional Community, which he said has been completely displaced.
However, he raised concerns about how the Bill will deal with historical land injustices.
“One major concern is how the Bill will address commonage farms that were leased out for 99 years under questionable circumstances,” Gariseb said.
He cited the City of Windhoek, which allegedly leased four farms measuring 28 220 hectares to private individuals. One of these, Commonage Farm 3, measuring about 4 000 hectares, is for only N$9 700 per month, Gariseb lamented.
“Commonage land is meant to support poor and food-insecure communities, but instead it is being leased to large corporations,” Gariseb said. “In many cases, the land is used for leisure activities like hiking and mountain biking rather than supporting livelihoods.”
Gariseb also criticised the way the draft law was introduced, saying there was not enough national consultation. He argued that Namibia has never fully addressed land injustice and that many people only see the issue through their own experiences.
He called for a national land audit to establish how some farm owners obtained waivers and how land ownership changed hands after the deaths of previous owners.
Analyst
Meanwhile, political analyst Ndumba Kamwanyah said the new piece of proposed law has both positive and negative sides for the government and for farmers.
“The Bill can help reduce land disputes, illegal ownership, and misuse of land. It can also make it easier for the government to plan development projects like roads, housing, and industries. In the long run, this may increase revenue through proper land records and taxes,” he said.
Kamwanyah, however, maintained that a major disadvantage for the government is resistance from farmers and landowners.
Protests, court cases, and political pressure can slow down the law, he said.
The government may also need a lot of money and staff to properly implement the Bill, he continued.
“For farmers, one benefit is clearer land ownership. If the Bill improves land records, farmers may feel more secure about their land and can use it to get loans or government support.
In some cases, fair compensation and rehabilitation may be provided if land is acquired,” he said.
On the negative side, he said many farmers fear losing their land, especially small and marginal farmers. Compensation may not always be enough, and losing land can affect their livelihood and way of life. There is also concern that big companies may benefit more than farmers.
He maintained that overall, the land Bill can support development and better land management, but it must protect farmers’ rights and ensure fair compensation to avoid hardship and conflict.
