Upgradable land tenure system under the flexible land tenure system, Presentation to the 2nd National Land Conference Participants



Flexible Land Tenure System_2nd National Land Conference 02 October 2018


1


Flexible Land Tenure System


Upgradable Land Tenure System Under the Flexible
Land Tenure System


Presentation to the 2nd National Land Conference
Participants


By: Gabriel Iindombo
Deputy Director, Land Boards Tenure & Advice


Ministry of Land Reform






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


2
Presentation Outline


" Introduction
" Objectives of FLTS
" Benefits of FLTS
" Pilot Local Authorities
" Key Stakeholders involved in FLTS
" Process Flow on Establishing a FLTS Scheme
" Types of Land Rights under the FLTS
" Conclusion






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


3


Introduction
" Flexible Land Tenure System, is a Scheme established under the Flexible


Land Tenure Act (Act No. 4 of 2012)
" Aiming at providing affordable security of tenure to informal


settlement settlers
" The FLTS is targeting people who live in the informal settlement/low


income people
" Provision of a parallel tenure registration system
" FLTS Scheme can only be established on land within the local authority


(Municipalities, Towns, Settlements, Village Councils)
" MLR overseeing the implementation of FLTS Scheme
" Other stakeholders are MURD, Local Authorities, Land Rights Office,


GIZ & Beneficiaries
" Beneficiaries Association






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


4
The Objectives of the FLTS


" to creates alternative new forms of titles i.e. Starter
Titles
and Land Hold Titles, that can be upgraded to
Freehold Titles
" to provide security of title for persons who live in


the informal settlements or who are provided with
low income housing
" to empower the persons concerned economically by


means of these rights.






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


5


Benefits of FLTS


" Provide security of title for persons who live in the informal settlements
in perpetuity (offers titles to immovable properties)


" Titles are cheaper to register (GRN pay for surveying & registration
costs)


" Provide legal documentary proof of land ownership
" Beneficiaries will invest in their land without fear of being evicted
" Titles can allow erection of dwelling on a blockerf
" Titles are transferrable from one person to other
" Titles are inheritable (lease the property)
" Titles may be used as collateral (land hold title)
" Titles can be upgraded till freehold
" Reduction of boundary disputes due to internal measurement (land hold


plan)






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


6
FLTS Piloting Areas


City of Windhoek
" Onyika,
" Havana,
" Freedomland A & B


Oshakati Town Council
" Onawa area


Municipality of Gobabis
" Freedom Square






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


7


Informal settlements
(Communities)


MLR


To be established:


Land Rights
Office(s)


Steering
Committee


Appoints Members


Directorate
of Survey and


Mapping


Directorate
of


Deeds


Nominate
s Senior


Managem
ent for S


C MURD


Relevant
Authorities


Su
pp


or
t a


nd
G


uid
an


ce


To be established:
Associations (Communities)


Dept. of Land
Reform,


Resettlement and
Regional Programme


Implementation


Close


Cooperatio
n


Dept. of
Land


Management


To be established:
FLTS Project
Management
Unit (PMU
)


Directorate
of Land
Reform


and


Resettlement


Close
Cooperatio


n


Support and
Guidance


Appoints
Officers


Support and
Guidance


Sec. 6 FLTA
Directives


and


Inspections


Nominates Senior


Management for


SC


Close
Cooperation


Support and Guidance


Clo
se


coo
per


atio
n


Key Stakeholders


GIZ






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


8


Process of Establishing FLTS Scheme


Registration
of Blocks in
Deeds Office


LA
Approves


the
Scheme


Registration in
Land Rights


Office


Establishment
of Associations
& Provision of
basic services


Application to
Boards


NAMPAB &
Townshop


Application to establish a Scheme
" Owner of the piece of land
" Local Authority (LA)
" Group of people who reside on the piece


of land


Request to
MLR


LA conduct
Feasibility


Study


Land Rights
Office


(Internal
Measurement)


Surveyi
ng of


Blocks


MLR & LA
Consultation


LA to amend the
Scheme as per


Advice


If Feasilbilty
study fails,


scheme cant be
established







Tenure Rights OTT E41]


Type of Tenure Group-based Right Individual Right


Security of Tenure -%|[-






Freehold


Title


15 3
Land Hold


Title






in
fo


rm
al



/


in
se


cu
re



/


co
nf


li
ct


s
/


ev
ic
ti
on

t
h
r
e
a
t
/


po
ve


rt
y







4


va
lu
e


Sec.




Fo
rm


al


/
se
cu
re


/
ec


on
om


ic


e
m
p
o
w
e
r
m
e
n
t


/
pr


os
pe


ri
ty



/


+ Documentary Proof Certificates of Title Right


Official Registration Land Rights Office Deeds Registry


a
SECURE YOUR RIGHT.




Flexible Land Tenure System_2nd National Land Conference 02 October 2018


9
Upgrade of Schemes






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


10


Exemplary of a Starter Title Right


" Starter Title rights: Gives a holder rights over
a dwelling at a specified location within the
Blockerf


" Land Rights cannot be used as a security for
credit






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


11
Exemplary of a Land Hold Title Right


" Land Hold Title Rights: Gives the holder the same
rights over the piece of land within the blockerf as the
owner of freehold


" Land rights held under a land hold title can be used as
a security for credit.






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


12


Conclusion


This pilot phase is the first experience in Namibia


" FLTS is only targeting people living in the informal
settlement


" The titles under FLTS are legal and supported by law
" The titles are been registered in a legal registration system


(Land Rights Office)


" Titles are transferred, inherited and can be used a security
for loans (Land Hold Titles)






Flexible Land Tenure System_2nd National Land Conference 02 October 2018


13


I thank you for your attention