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NANGOF-Civil Society Organizations Working Group on Land Reform
Proposed recommendations to the 2nd National Land Conference for consideration at the Thematic
Working Group Discussions
October 2018
INTRODUCTION
This paper raises thoughts on the land question as it presents itself in 2018 which stem from a process led by the Namibia Non-Governmental
Organisations Forum (NANGOF) Civils Society Organizations Working Group on Land Reform (CSO-WGLR) which consist of organizations of
farmers, rural women, youth, NGOs, trade unions, churches, shack dwellers and other social movements .
This document does not represent a comprehensive list of issues to be addressed at the Second National Land Conference (NLC) but highlights
critical issues from extensive, literature review, regional consultations and thematic workshops with inputs from land experts, researchers, and
activist.
In 1991 the Government of Namibia organized the 1st National Land Conference. By then civil society organizations and other non-state actors
were not well coordinated, but nevertheless made efforts to influence the outcomes. However, three years after the National Land Conference
when little action was taken by government to implement the resolutions taken at the 1st National Land Conference, civil society organizations
under the facilitation of the Rural Peoples Institute for Social Empowerment (RISE Namibia) organized the 1st Peoples Land Conference in
Mariental in September 1994, attended by close to 400 delegates from all over Namibia.
One of the resolutions of the Peoples Land Conference was to set up a Civil Society Organisations Working Group on Land Reform (previously
referred to as the NGO-Working Committee on Land Reform). The NANGOF CSO-WGLR was established with the aim to advocate for inclusive
just and sustainable land and agrarian reform as well as urban land reform in Namibia. This includes policy advocacy, budget influence,
research and documentation, piloting agrarian models and promoting and facilitating participatory development and empowerment of poor
and marginalised communities through sustainable utilization of land and other natural resources.
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2nd National Land Conference
In August 2016 the Minister of Land Reform announced plans to hold the 2nd National Land Conference in Namibia to review progress made -
on land reform at the end of November 2016 but was later called off due to government budgetary constraints. At the beginning of 2017, the
date of the conference was set to September 2017. After several correspondence and submissions from civil society, President Geingob, less
than a month before the 2nd National Land Conference, agreed to postpone the Conference to October 2018 to allow for more consultations,
inclusive planning and preparations and expert inputs.
Whiles petitioning the President, civil society organizations recommended that the organization of the conference be moved from Ministry of
Land Reform to either the Office of the Prime Minister (OPM) or the Presidency and that an inclusive national organizing committee be
constituted to take charge of conference organising. Subsequently, the President moved the conference organising to the OPM and
established an High Level Committee (HLC). Several civil society representatives as proposed by CSO-WGLR have been appointed by the Prime
Minister to the HLP.
In preparation of this position paper, NANGOF CSO-WGLR undertook countrywide consultations since September 2016 and concluded at
beginning of 2018, with the support from the Fredrich Ebert Stiftung (FES). The Secretariat for the NANGOF Civil Society Working Group on
Land Reform is hosted by the Desk for Social Development of the Evangelical Lutheran Church in the Republic of Namibia(DfSD-ELCRN). The
aim of this was to consult key stakeholders in preparation for the 2nd National Land Conference. These consultations targeted, farmers,
peasants, landless people, resettled farmers, urban landless and traditional and community leaders. In addition, three thematic workshops
were held in September 2018, were regional findings were presented and recommendations below finalised with inputs from land experts
from the Namibia University of Science and Technology (NUST), the University of Namibia (UNAM), and other organisations.
Part 1 of this document outlines some of the general points that were raised in this process. Part 2 organises points in five categories: Urban
Land Reform, Ancestral Land Rights and Acquisition, Commercial Land Reform and Related Matters, Communal Land Reform and Related
Matters. These five categories are similar to those in the thematic working groups on the agenda of the 2nd National Land Conference
scheduled for 1st to 5th October 2018. Some of these points are problem statements, while others are strategic interventions or formulated as
resolutions; therefore the points have been organised in these three sub-categories.
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GENERAL POINTS
The land question has evolved from what it was in 1990 and it is important to acknowledge the changes. Land question is fundamentally about
power and political economy, and therefore it must be attended with the highest consideration. One of the key points in todays land question
is how to address historical injustices due to land dispossession.
Land acquisition for land reform has been slow and costly. Government has only spend less than N$2billion on land acquisition over the pass
27years since the 1st National Land Conference to date. According to most recent statistics by the Namibia Statistics Agency (NSA) more than
70% of productive agricultural land is still owned by a small white minority on the expense of the vast majority of black Namibians that were
dispossessed by German and South African colonial regimes, including those affected by genocide. The slow-pace of land acquisition subjects
the majority of black Namibians to social and economic injustice a situation.
Historical land dispossession has caused generational poverty and destitution, the effects of which are lived by young generations today. If this
dispossession is not addressed, we may find a much more difficult situation in the future.
Urban land is one of the key issues today. A recent count by the Shack Dwellers Federation of Namibia (SDFN) indicate that 228,423 shacks in
308 informal settlement estimate to accommodate up to 950,000 people. This represents about 40% of the national population. Despite this,
SDFN groups have not been able to access for the past 12 years in Windhoek. There is also a crisis regarding local authorities financing, which
impacts development in urban areas.
The denial of ancestral land claims is perceived as a denial of the struggles against colonial power, and a denial of the reasons why an
independent Namibia was found. The question of ancestral land wouldve not come to such a volatile point if the matter wouldve been
addressed in the 1991 National Land Conference or if the resolutions of that conference wouldve met the expectations in terms of
redistribution.
It is a matter of historical record that as a result of successive German and South African colonial regimes Namibians communities living in 8
regions of Namibia namely Erongo, //Kharas, Hardap, Omaheke, Otjozondjuba, Khomas, Oshikoto and Kunene which are mainly from the
Nama, Damara, Herero and San (and other other marginalised communities) in Namibia suffered massive land loss during the colonial era.
Communities who live north of the veterinary Red Line suffered relatively less from land dispossession then those who live south of the Red
Line. This fact should be recognised.
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Restorative justice should not be understood as an event, but a process. In this respect, some authors have proposed the following steps1:
" Recognition: finding truth and describing injustices;
" Responsibility: the acknowledgement of responsibility for injustices;
" Remorse: a sincere apology for injustices;
" Restitution of lands and resources, and the power to determine their use;
" Reparation for injustices in financial terms, recognizing that many harms are untouched by this compensation;
" Redesigning State political-legal institutions and processes to empower indigenous participation in self-government and State
governance;
" Refraining from future injustices by assuring past and present injustices will not be repeated; Reciprocity in the obligation on the
harmed to do unto others as they would have done unto them.
OVERALL RECOMMENDATION ON POST CONFERENCE ARRANGEMENTS
NANGOF Civil Society Organizations Working Group on Land Reform appreciated the framework that was setup for the organizing of the 2nd
National Land Conference. Experiences from the 1st National Land Conference underscore the need for proper post conference arrangements
not to lose the momentum after the conclusion of the meeting. It is against this background that the following recommendations are being
made:
" Establishment of an inclusive body of stakeholders to monitor the implementation of the 2nd National Land Conference to be hosted in
the Presidency or at the Prime Ministers Office with clear terms of reference and a plan of work.
" Number of inclusive technical committees be set up on various land use (agricultural land, urban land reform, ancestral land,
constitutional aspects, finance, agrarian reform and institutional issues etc& to provide advice and guidance to the above body
" Particular temporary commissions be set up by the Presidency on various critical issues relating to land reform.
" Information and publicity strategy be developed to improve transparency and accountability.
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PART 2. THEMATIC POINTS
URBAN LAND REFORM
WHAT WILL BE THE IMPACT OF URBANIZATION IN NAMIBIA IN THE NEXT 30 YEARS?
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" In 2018 Namibia reached 50% urbanization rate
(which was only 28% in 1990/Independence)
and by 2050 this will have increased to 72%, the
exact opposite of 1990.
" This means, Namibia will have to accommodate
2 million additional urban residents by 2050 (5 x
Windhoek or 22 x Rundu or 100 x Gobabis)
" Urbanization and migration from rural to urban
areas is generally considered a negative
phenomenon in Namibia.
" Acknowledge that urbanization is an opportunity for
inclusive development in municipalities, towns, villages
and settlements.
" Investing in urbanization and housing is a cost-effective
and impactful way to improve peoples quality of life
(e.g. education, health, economic opportunities).
" The magnitude of the urbanization challenge
must be acknowledged as a priority in the
2NLC resolutions
WHY IS THERE A NEED FOR URBAN LAND REFORM?
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Colonial-Apartheid legacies continue to define
urban areas as much as rural land.
" Inequality is perpetuated and expanded through
unequal urban development
" Rural and urban are not separate entities, but
closely intertwined
" 40% of the national population and 86% of the
urban population live in informal settlements
and lack basic services such a sanitation.
" Create mechanisms and interventions that redress
apartheid-designed urban structures and redistribute
access to urban economic opportunity.
" Commit to develop a National Urban Policy and a
National Spatial Development Plan to fundamentally
re-imagine the future development of urban and rural
areas in Namibia.
" Commit to transformation of Namibian urban
policies, legal frameworks, strategies and
actions at the national, regional and local
levels to enable inclusive, sustainable and
prosperous towns and cities.
" Urban Land Reform to be directed to improve
the situation for the urban poor as a priority
in order to have the widest possible impact.
WHAT IS URBAN LAND REFORM?
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Urban land reform does currently not exist in
policy
" The responsibilities of addressing urban
development, infrastructure and housing
" Define the aims of a redistributive urban land reform
informed by the UN-defined right to adequate housing
" Define urban land reform beneficiary target groups
proportional to demographics of income groups
" Establish Urban Land Reform as integral part
of land reform through a transparent process
of public engagement with civil society.
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remain institutionally fragmented across various
Ministries (MLR, MURD, MoWT)
" Define eligibility criteria for urban land reform
beneficiaries, with special regard for gender equality
" Define available land and mechanisms to access such
land
" Establish a National standing, cross-institutional body
to coordinate urban land reform (incl. Government
O/M/As, Civil Society, NGOs and CBOs, Universities)
reporting directly to Parliament / Cabinet
" Establish a professionally-capacitated spatial planning
unit accountable to the above standing body
" Develop an inter-ministerial, GIS-based, information
platform for urban and regional spatial data, including
urban land/housing needs assessment and a database
for monitoring allocation.
" Develop democratic/transparent processes of public
engagement for urban land reform policy
development, implementation, periodic review and
evaluation (i.e. local urban land committees)
WHY HOUSING IS CENTRAL TO URBAN LAND REFORM?
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Most of urban land is used for housing, which at
the moment mainly consists of undignified
housing (e.g. shacks)
" The UN-defined right to adequate housing,
which includes access to land, is not prominent
in national housing policy and debates
" The Mass Housing Development Programme has
been reviewed, but the outcome has not yet
been made public
" Implement the recommendations of the Revision of the
Mass Housing Programme, undertaken by ILMI / NUST
in 2017 for MURD, which provide a comprehensive
overview of housing and urban land delivery.
" Government support for adequate housing should
move away from the provision of a house, but rather
facilitate incremental access to secure tenure, serviced
land, and financial support for the construction and
incremental improvements of housing.
" Enshrine the UN-defined right to adequate
housing in Namibias legal framework
" Revise the 2009 National Housing Policy
based on the right to adequate housing
PART 2. Topics derived from consolidated regional consultations report
(1.) URBAN LAND PRICES
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Urban land servicing is not structurally " Define subsidy levels and access mechanisms for " Establish a system of capital and end-user
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subsidized by government, transferring the
costs for land servicing to end-users
" 89% of households have a monthly income
below N$ 5,000 (NSA)
" 67% of employment lies within the informal
sector (NSA)
" The commercial private sector cannot provide
structural solutions for ultra-low income groups
urban land per beneficiary group (informal settlements,
backyarders, waiting lists, etc.)
" Acknowledge the importance of the informal economy
in urban development and livelihood generation.
Besides conventional public amenities, public land and
infrastructure must be made available to support a
gradient of small and emerging economies.
" Acknowledge that PPPs and private sector investment
have a limited role to play in addressing the urban land
and housing crisis, as they are accessible for middle-
income groups.
subsidies for land servicing as part of Urban
Land Reform
(2.) URBAN LAND DELIVERY
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" At independence it was estimated that only 20%
of the urban population lived in informal
settlements in Namibia. According to the latest
preliminary CLIP data, today there are about
950 000 people living in informal settlements
out of a total urban population of 1.1 million,
equalling 86% of urban residents. This should be
considered a National crisis.
" Most regulatory frameworks and policy
supports formal urban development and
disregards informal urban development.
" While community-led participatory informal
settlement upgrading and housing production
by Shack Dwellers Federation / Namibia
Housing Action Group has proven to yield
tangible results, state financial support to such
initiatives has been negligible
" Prioritize large-scale, participatory informal settlement
upgrading in all local authorities
" Prioritize planned urban expansion areas with
incremental service provision for new urban residents
in all local authorities
" Strengthen and Scale Up Community Land Information
Program (CLIP) and other land related information
systems
" Implement participatory city-wide and neighbourhood-
based planning and test area-based urban
management.
" Commit adequate state support and resources for
community processes to drive their own urban land
and housing solutions based on their established needs
and affordability (also see Access to Finance for
Housing below)
" Prioritize large-scale, participatory informal
settlement upgrading
" Implement planned urban expansion areas
for new urban residents
" Allow incremental development of buildings
and services
(3.) FLEXIBLE LAND TENURE SYSTEM
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" The Flexible Land Tenure system has been in the
making since 1995, and the Act was passed only
" Transfer the responsibility for FLTS implementation
from MLR to MURD
" Transfer the responsibility for FLTS
implementation from MLR to MURD
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in 2012. It then took another 6 years (!) to
gazette the regulations in 2018
" FLTS placed under the Ministry of Land Reform
while it aims at facilitating urban land delivery
" Overt emphasis on individual ownership
without support mechanisms to avoid
beneficiaries selling such assets can jeopardize
security of tenure of the poor in the longer term
" FLTS implementation should be accompanied by
investment in public infrastructure to enhance the
sense of tenure security in tenure-insecure areas
" Focus on security of tenure and security of occupancy
of urban land and housing, instead of only individual
ownership.
" Develop alternative housing models including social
rental housing.
(4.) LAND SIZES FOR HOUSING AND STANDARDS
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Namibian urban areas are largely characterized
by socially, economically and environmentally
unsustainable low-density urban sprawl
" The established minimum erf size of 300m2 (for
single residential zoning) is unaffordable to the
majority, costing an average of N$86,000 per erf
to service, and is widely regarded to be a major
cause of retarding land delivery
" Formal economic growth and job creation is not
keeping pace with (informal) urbanization
leading to the rapid development of informal
economic activities
" Commit government at all levels to pursue equitable,
sustainable, and compact urban development (reduce
emphasis on individual plots and detached houses) that
will maximize the impact of public infrastructure; and
pursue regulatory reform to this effect
" Develop strategies for the inclusion of economic
opportunity at all scales and all degrees of formality
through review of restrictive zoning regulations
" Commit to integrated, compact urban
development
" Review the minimum erf size of 300m2
" Review zoning regulations to enable
economic opportunities in urban areas
(5.) SUSTAINABLE FUNDING FORMULA FOR LOCAL AUTHORITIES
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Government spends insufficient resources on
housing and urban development in comparison
with other countries
" Most Local Authorities have a poor rates and tax
base, and rely on sale of land for revenue
generation. High land prices are thus necessarily
in the interest of Local Authorities.
" Local Authorities receive ad-hoc project-based
capital subsidies from Central Government
which does not allow for structured planning of
" Commit to increase public spending on urban
development and housing to levels to ensure adequate
impact in curbing the urban land and housing crisis
" Develop a capital funding formula for central
government to support regional and local government
financially (land servicing, infrastructure development,
community-led upgrading) to reduce the price of
serviced land to end-users (as proposed in the Review
of the Mass Housing Program undertaken by NUST)
" Review local authority finance as well as national and
" Develop a capital funding formula for central
government to support regional and local
government in land servicing and
infrastructure development
" Review local authority finance and national
and local taxation to align with urban land
reform aims
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capital investment in urban land servicing local taxation to align with urban land reform aims
" Make local government reform an integral part of
urban land reform
(6.) RENT CONTROL ACT LEGISLATIONS
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Namibia lacks adequate rental regulation and
protection of tenants rights
" Historically rental has a negative connotation as
it was seen as an inferior form of tenure security
" Namibia does not have a social housing sector
" Rent regulation must be implemented and relevant
laws amended as advocated for by the Affirmative
Repositioning Movement
" Develop new rental housing models
" Explore the possibility of a social housing programme
by taking advantage of existing government flats, which
is a de facto subsidized housing scheme
" Rent regulation must be implemented
" Invest public resources in development of
protected rental (social) housing sector
(7.) MORATORIUM ON RE-ZONING OF PRIVATE FARMLAND
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Expansion of urban areas happens haphazardly,
especially I the case of Windhoek where
surrounding commercial farms are transformed
into residential areas
" Land use zoning changes should be guided by a
National Spatial Development Framework (see above)
(8.) ACCESS TO FINANCE FOR HOUSING
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Only 11% of households have a monthly income
above N$ 5,000, making commercial finance for
housing non-viable for the majority
" The Build Together Programme (BTP), which
performs as a state-supported finance
mechanism for the poor, has never been
audited nor reviewed
" State support to community finance through the
Shack Dwellers Federation is negligible given its
wide impact
" Develop a broad spectrum of finance mechanisms incl.
community finance (savings groups), NHE finance
mandate, building societies and private investment
(PPPs) with urban land reform aims and to ensure
affordability for all income sectors
" Evaluate, review and strengthen BTP
" Strengthen community finance mechanisms (such as
Twahangana fund) proportional to number of
beneficiaries
" Increase state support to community finance
mechanisms (such as Twahangana fund)
proportional to number of beneficiaries
(9.) TOWNLAND EXPANSION AND COMPENSATION
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PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" A coherent and comprehensive urban policy and
national spatial development plan does not
exist, creating a lack of vision of future spatial
development (urban and rural)
" Namibias towns and cities continue to reflect
apartheid segregation and increasingly class
segregation. The poor are only accommodated
at the edge of towns, far from the opportunities
of urban life, locking them into perpetual
poverty
" Urban land values are structurally embedded in
town planning schemes, making mixed-income
neighbourhoods virtually non-existent in
Namibia
" Urban areas surrounded by commercial
farmland have little relationship to their
surrounding rural areas and often become
reserves for surplus labour with a limited
economic base
" Urban areas surrounded by communal land
expand by effectively expropriating communal
farmers who lose their livelihoods and are
compensated according to the compensation
policy of 2009
" Develop a National urban policy and a National Spatial
Development Plan, integrating metropolitan planning
and agrarian / rural land reform as a matter of urgency
through broad-based public engagement
" Consider strategic land expropriation without
compensation for strategic urban expansion,
densification, and structural transformation (redressing
apartheid structures). Such policy must ensure fairness
and equality between expansion of townlands in
commercial areas and communal areas
" Provide affordable land and housing so in central urban
areas and not only at the edge of towns
" Develop strategic agricultural zones around existing
towns and settlements that enable farmers residing
within town lands to promote agricultural development
as a land use option and increase food security and
income generation in the towns.
" Consider strategic land expropriation without
compensation for urban expansion,
densification, and structural transformation
(redressing apartheid structures)
" Provide affordable land and housing in
central urban areas and not only at the edge
of towns
ANCESTRAL LAND RIGHTS AND AQUISITION
(1.) ANCESTRAL LAND CLAIMS AND RESTITUTION
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Historical injustices are currently addressed
without the direct involvement of those who
directly lost land
" Although government has put in place
legislation that recognises traditional
authorities, the basis of such recognition is
" Land policy must recognize and acknowledge that
not all people in Namibia lost land. A definition of
land dispossessed peoples must be established.
" Land reform legislation should embody the spirit of
restorative justice for the land dispossessed
people.
" Land policy must recognize and acknowledge
that not all indigenous people in Namibia lost
land equally. A definition of land dispossessed
people must be established.
" A Multi-stakeholder Commission on Ancestral
Land Claims and Restitution to be established.
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linked to geographical space and territory of
ancestry. Therefore government cannot
recognise all TAs while at the same time denying
them the right to land claims.
" The question of the cut-off date to lay claims
to ancestral land rights is used to discredit the
discussion of the ancestral land question
" It is unclear how Government intends to address
generational poverty caused by land loss, if not
through ancestral land restitution.
" Although Namibia has ratified international law
compelling them to respect, protect and fulfil
indigenous land rights and to take responsibility
for past injustices of land dispossession, this is
effectively not implemented.
" A commission to be established and be responsible
to define ancestral land rights; identify historical
geographic boundaries; study specific land claims;
deal with cases of restitution and study overlapping
land claims through the establishment of an
Independent Ancestral Land Claims Tribunal.
" Make use of international frameworks and case law
that allow to make a case for ancestral land claims
in Namibia.
" The issue of ancestral land cannot be
conclusively decided during the conference as
further investigations and public engagements
are needed. A post-conference process must be
established to deliberate on the issue.
" The Presidency to consult and involve landless
Namibians who did not attend the 2nd Land
Conference to seek a sustainable way forward in
the spirit of Harambee.
COMMUNAL LAND REFORM
Communal Land Development future role of communal areas
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" 70% of the population derives their livelihood
from communal areas yet this sector is
underdevelopment and most neglected in terms
of public investment.
" Large tracks of communal areas remain
underutilised including virgin lands and those
encroached by bush due to lack of
infrastructure (water, fencing roads etc).
" Lack of political will to support communal land
development and absence of a long term vision
for communal land development.
" The Ministry of Land Reform and the Ministry of
Agriculture do not harmonize efforts to ensure
productivity of communal land. Separating the 2
Ministries may not be viable for agrarian reform
over the long term.
" Increase investments in communal areas and
expand the communal development support
program to all regions in Namibia with options
for group tenure rights.
" Develop a longterm agrarian transformation
vision to fully exploit the potential of communal
land.
" The merging of the Ministry of Land Reform and
the Ministry of Agriculture must be investigated
and appropriate recommendations made after
wide and inclusive consultations.
" Develop financial instruments that address the
needs of beneficiaries.
" Reconsider the need to provide registered leases
as the only form of tenure security in view of the
" Development of master plan for communal
land development as part of national
development plans with a focus on agrarian
transformation
" Undertake a detailed assessment and
investigation on underutilised communal lands
including virgin lands and those captured by
bush encroachment and development a plan to
develop those areas.
" Develop land markets in communal areas
through improvement in security of tenure and
providing access to finance for small scale
farmers.
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" Fencing of communal areas and water is a key
investment for ensuring sustainable land and
grazing management, yet government has done
very little to support communal farmers with
such infrastructure. It is difficult if impossible for
farmers to improve productivity and yields
without adequate support. Farmers suffer huge
losses due to damaged or non-existing
infrastructure.
" Many communal farmers and resettlement
beneficiaries experience cash flow problems,
partly because they do not have access to loans.
Registered lease agreements or title are
perceived to enable beneficiaries to offer their
and as collateral for loans. But many farmers are
asset poor and thus unable to service loans,
with or without title. Agribank offers loans
without collateral, but repayments are deducted
from salaries.
" At present, land markets in the resettlement
and customary sector are prohibited by law. But
they exist and are growing informally. The
absence of a land market has several
disadvantages, which include that registered
leaseholds cannot serve as collateral and that
underutilised land cannot be sub-leased to
farmers who need more land.
fact that many beneficiaries and small-scale
farmers in communal areas simply cannot repay
a loan, with or without leasehold or even title.
" Develop a land market for land leased from the
state and in communal areas with a regulatory
framework to prevent short-term speculation
and elite capture. Keep transaction costs as low
as possible by streamlining procedures.
Land Allocation and Administration by Traditional Authorities and Communal Land Boards and Land Rights Registration in Communal Areas
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
" Insecure tenure rights in communal areas
remains a challenge
" Tenure reform should focused on making customary
tenure more secure through formalization or
" Establish group tenure is an option to
improve security of tenure in communal
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" The Communal Land Reform Act(CLRA) lays
down one set of rules for all communal areas.
For example, the maximum size of land that
may be held under registered customary
leasehold is 20 ha. It is clearly modelled on land
required for cultivation and a homestead but is
meaningless in livestock farming areas. This
caused widespread confusion and tenure
insecurity.
" The provisions in the CLRA to improve tenure
security through the registration of customary
land rights is restricted to private rights
(homestead, fields for cultivation and stock
pens). It does not provide sufficient legal
protection for undivided rights to commonages.
" The CLRA makes no explicit provision for local
level management of commonages.
" The CLRA makes no explicit provision for local
level management of commonages.
" Security of tenure depends to some extent on
the manner in which disputes are resolved and
decisions implemented. Headmen continue to
be the first port of call when disputes arise.
Their ability to do so fairly is hampered by the
fact that they often are the cause of disputes.
The dispute resolution procedures prescribed
in the Act and Regulations are largely
inaccessible to many rural people.
" The CLRA provides for land claimants to appeal
against decisions taken by TAs. To this effect
the Minister may appoint Appeal Tribunals.
While these provisions incorporates basic legal
registration.
" Review the CLRA to lay down fundamental principles of
land governance, but at the same time allow for
flexibility in implementation.
" Allow local practices regarding land access and tenure
to guide peoples decisions within national
constitutional and legal framework.
" Provide for the legal protection of all informal land
rights.
" Provide for alternative ways to confirm those rights
building on local practices.
" Provide for the establishment of village-based
governance structures.
" Community based natural resources management
should include all land-based resources and various
pieces of legislation need to be harmonised to achieve
this.
" Communities should have the option to elect their own
village-based management bodies to democratise the
land management process. Recommendations from
this local structures could be made to traditional
authorities and communal land boards.
" Other natural resources legislation provides various
levels of community-based management (water,
conservancies and forests).
" Strengthen local level dispute resolution
processes Administrative, judicial and law-making
powers at local level need to be separated.
" The MLR should investigate how the appeals
procedure could be made more accessible to land
claimants.
" In areas where there is no clarity of areas of
areas.
" Establish local level democratic community
structures for administration of communal
areas that makes recommendations to
traditional authorities and communal land
boards.
" Provide security of tenure for commonage to
provide for rights over grazing and other
natural resources especially through group
tenure.
" Improve appeal procedures and dispute
resolution processes for communal area
administration and management.
Page 14 of 20
principles of administrative justice, the
procedure is cumbersome and probably
inaccessible to many customary land rights
holders as written appeals have to be
submitted to the Permanent Secretary.
" Only traditional authorities recognised by the
state in terms of the Traditional Authorities
Act, 2000 may perform the functions stipulated
in the CLRA. In areas where TAs are not
recognised, the CLRA and in particular the
registration of customary land rights cannot be
implemented. In some areas, jurisdictions of
TAs overlap as there are no defined areas of
jurisdictions.
" The CLRA provides for the granting of
leaseholds for agricultural and other purposes.
Approximately 650 farms have been surveyed,
gazetted and allocated in Ohangwena, Kavango
West and East and Zambezi. This development
was authorised by Cabinet in 1997 but
contradicts some Land Conference Resolutions.
In several cases, the holders of customary land
rights have been dispossessed of their rights
because of both official and unofficial
enclosures.
" Governance of the land redistribution process
is weak. There is little transparency of how
decisions are taken and implemented. Accurate
and reliable information is hard to come by.
jurisdictions or TAs are not recognized, Communal
Land Boards should be given responsibility to
verify existing and new customary land rights in
close co-operation with traditional leaders.
" The extent of land rights losses because of
enclosures needs to be authoritatively established
and affected communities compensated.
" Consideration should be given to transfer the
management of land redistribution to an
independent body representing relevant
stakeholders.
" A new land policy and legislation should oblige the
MLR to provide relevant information in a timely
and professional manner.
Illegal Fencing in Communal Areas and access to communal land
PROBLEM STATEMENT STRATEGIC INTERVENTIONS PROPOSED RESOLUTIONS
Page 15 of 20
" Large parts of the communal areas have been
expropriated by individuals for private farming
by fencing off large tracts of land. The legality of
these enclosure spans the entire spectrum from
legal to illegal. This situation needs to be
addressed.
" Privatization of communal areas through legal
and illegal fencing and therefore change in
agrarian structure and ownership patterns in
communal areas happening through land
privatization which happens through two
streams:
-Unofficial: these fences commonly referred to as
illegal fences - are of dubious legal standing as many
were developed without any authorization. Other
were authorized by traditional authorities.
-Official: the official privatization process is
happening through the Programme for Communal
Land development (PCLD), which is implemented by
the MLR with the financial assistance of
international development partners. This
contradicts a resolution of the first Land Conference.
" An adjudication process should be set in motion to
regularise enclosures. Section 37 of the CLRA provides
for this.
" The boundaries of enclosures found to be legal should
be determined, leaseholds to be granted and lease
fees charged.
" Fences found to be illegal should be taken down at the
expense of the owner.
"
" Establish a Judicial Commission of Enquiry to
assess existing disputed fences in communal
areas to determine their status and for
recommendations to remove or legalise.
" Fencing approved by Traditional Authorities
and Communal Land Boards without
following law and procedures must be
removed.
" Provide guidelines for future fencing in
communal areas.
COMMERCIAL LAND REFORM PROGRAMME AND RELATED MATTERS
(1.) WILLING SELLER WILLING BUYER PRINCIPLE
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Government has only spent less than N$2 billion
on land acquisition over the past 27 years, a
comparatively minimal amount considering
spending in other sectors.
" Most of the land that has been offered to
government was not purchased, but has been
" Land reform must become a central policy priority in
national development plans.
" Land reform must be resourced appropriately.
" A new approach to WBWS should be developed and
" Land reform must become a central policy
priority in national development plans.
" WBWS policy must be abolished.
Page 16 of 20
waived.
" Willing Buyer and Willing Seller (WBWS) is
unsustainable as government continuous to
purchase land on distorted and inflated land
market prices. Offers to buy are also sporadic
and only in selected regions, mostly with poor
agricultural land. This makes integrated planning
impossible and complicates post-settlement
support.
replaced with options for expropriation.
(2.) EXPROPRIATION OF AGRICULTURAL LAND (FOREIGN OWNED FARMS, UNDERUTILIZED LAND, ABSENTEE LANDLORDS, FARM SIZE AND NUMBERS)
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Freehold farmland is predominantly owned by
previously advantaged (a recent Namibia
Statistics Agency report states that more than
70% of productive agricultural land is owned by
previously advantaged).
" Currently, land reform is seen mainly through
the lens of agricultural productivity, not equity.
" Compensation should not be assumed to be
market value, and a framework for valuation in
the land reform process should be developed.
" Foreign ownership of land (including absentee
landlords) was resolved not to be allowed in
1991, but this has not been implemented.
" No comprehensive assessment has been
conducted to determine unutilised and
underutilized agricultural land to explore this
criteria for expropriation of agricultural land.
" There needs to be political will to change racial pattern
of land ownership.
" Integrate land reform at the core of existing poverty
eradication policy and programmes.
" Expropriation can be considered to acquire strategic
pieces of land (rural and urban) for expansion of
communal areas and urban areas.
" Contiguous rather than scattered resettlement farms
are more efficient in terms of service provision, and
expropriation would make sense in these cases.
" A strategic purchase of commercial farms around the
settlements and the resettlement of farmers on the
land acquired would empower existing settlement
patterns.
" Criteria must be established to determine which land is
under-utilized in order to make sure that land is used
productively, government must put in place support
mechanisms for farmers and monitor progress.
" Compensation must be defined in the interest
of the landless and with colonial injustice in
mind, and must not be assumed to be market
value.
" Expropriation without compensation refers to
the value of the land, compensation should
be considered for the infrastructure on the
land.
" Implement 1991 resolution on foreign land
ownership and expropriate land.
" Establish criteria and undertake assessment
of underutilised land for expropriation.
(3.) RESETTLEMENT POLICY AND CRITERIA
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" There is a process of elite capture (powerful
individuals, groups or companies seizing land
from small holder farmers) in the resettlement
" It should not be assumed that redistributive land
reform means that the land will remain in
government ownership, but new tenure modalities
" The notion of previously disadvantaged
should be abandoned and substituted with
currently disadvantaged, including the
Page 17 of 20
programme.
" Resettlement currently doesnt give priority to
those who lost land through colonial land
dispossession.
" The recommendation of the Land Advisory
Commission to have a 70% quota for beneficiaries
for the region in question and/or the land
dispossessed has not been decisively
implemented.
" Land rights for group resettlement are still based
on individual tenure, which creates division.
" The process of resettlement is centralised by
current design; all regions are involved in the
resettlement of all regions, which creates
inefficiencies.
" There is generally little transparency in land
governance, which affects resettlement policy
and implementation.
" No critical independent review of the
resettlement program has been undertaken.
" There is a contradiction between Resettlement
Policy-intended beneficiaries and the criteria for
resettlement, particularly regarding the scoring
systems.
" The Resettlement Beneficiaries list that was
recently released lacks critical analysis required to
inform the discussions and debates on the
Resettlement Policy and Program.
" The Resettlement Policy and Program doesnt
have cap/ceiling and is currently being exploited
by the wealthier and well-connected elite that
could in any case access Agribank loans through
the Affirmative Action Loan Scheme (AALS); this
adds to the process of elite capture.
enhancing sense of ownership should be explored.
" Collective tenure should be recognised in group
resettlement schemes.
" Government must commission an independent
external evaluation of the resettlement program.
This should include assessments in terms of impact
on livelihoods of beneficiaries as well as to the
environment.
" The definition of the historically land dispossessed
should be clarified.
" The resettlement program should be decentralised
so that regions have more decision power in the
resettlement process.
" Land Advisory Commission should be more
representative in terms of stakeholders.
" Resettled farmers must have legal user rights for all
natural resources on the land they occupy.
" Resettled farmers must have wider land rights to
administer the land that they occupy
" Government must not only consult professional
experts but also take into account local indigenous
knowledge about the carrying capacity and the use of
the land and involve those with such knowledge in
the process. .
" Independent analysis of the beneficiaries list is
required to understand the situation
definition of the historically land
dispossessed.
" The proposed 70% quota for beneficiaries
from the region and/or land dispossessed
people should be implemented.
" Resettlement Program must be
independently evaluated and farms audited
and on the basis revise Resettlement Policy
and Program
(4.) PRE AND POST SETTLEMENT SUPPORT
Page 18 of 20
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Post resettlement support required to boost
productivity. Even if the small farmer is eventually
resettled, s/he does not have the financial
resources to rebuild the infrastructure. When
units are demarcated, the carrying capacity of the
land is not considered, neither is it checked
whether all required infrastructure exists on the
unit.
" Resettlement beneficiaries experience cash flow
problems. partly because they do not have access
to loans. Registered lease agreements or title are
perceived to enable beneficiaries to offer their
and as collateral for loans. But many farmers are
asset poor and thus unable to service loans, with
or without title. Agribank offers loans without
collateral, but repayments are deducted from
salaries.
" The resettlement program by design does not
take into account multiple land uses and confines
beneficiaries to livestock farming only, without
allowing diversified livelihood options through
game conservation, the use of local plants, crop
farming, poultry farming and aquaculture.
" The draft Revised National Resettlement Policy
2018-2027 has an elite and male bias, proposing a
three-tiered model for resettlement (high,
medium and low economic value).
" Develop financial instruments that address the needs
of beneficiaries.
" Reconsider the need to provide registered leases as
the only form of tenure security in view of the fact
that many beneficiaries and small-scale farmers in
communal areas simply cannot repay a loan, with or
without leasehold or even title.
" The draft Revised National Resettlement Policy 2018-
2027 must be reviewed through broad-based public
engagement. to eliminate gender and elite bias.
" The draft Revised National Resettlement
Policy 2018-2027 must be reviewed through
broad-based public engagement to
eliminate gender and elite bias.
(5.) AFFIRMATIVE ACTION LOAN SCHEME
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Large communal farmers have been transferred
to commercial farmland through AALS, however
the tangible impact of this policy has not been
independently evaluated.
" Commission an independent evaluation of AALS
should be established to look at the number of
farmers resettled, size of land, origin of communal
area, productivity, among other aspects.
" AALS beneficiaries should be supported through
" Establish an independent evaluation
commission for AALS.
Page 19 of 20
training, extension services, mentoring, etc.
(6.) ACCESSIBILITY TO LAND BY WOMEN AND YOUTH
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Women are still marginalised in the redistribution
process. In the freehold areas, female land
ownership is 23% versus male ownership of 77%
(National Statistics Agency, 2018).
" Customary inheritance laws are still applied to the
disadvantage of women and children. Rural
women still experience property grabbing and
disinheritance
" Several studies have been carried out in the
northern communal areas to critically review the
status of women in the land reform process.
However, no such studies have been conducted in
other regions.
" Women who are not married but have cohabited
for an extensive period of time are not always
protected in terms of ownership and inheritance.
" Rural women perform unpaid, and un-recognised
productive and reproductive labour.
" Women in rural areas lack services, which impacts
on their workloads and forms part of the un-
enumerated labour women perform, which will
be negatively impacted by climate change.
" The 1928 Native Administration Proclamation is
discriminatory towards married women with
regard to marital property; women in customary
marriages are not covered by the Married Persons
Equality Act 1 (1996);
"
" Increase public awareness on the right of women to
own and inherit land.
" Legislation must be put in place to ensure the
protection of single mothers and women who
cohabitate for extensive periods, who culturally have
no right to property after the death of the partner.
" Support women in rural areas through farming
equipment and livestock; training and extension
services; water infrastructure; affordable access to
certified indigenous seeds; fencing materials;
fertilizers and cultivation tools.
" The immediate enactment of the Uniform Marital
Property Regime Bill and Intestate Succession Bill to
eliminate gender discrimination in inheritance
practices and to replace the unconstitutional and
discriminatory Native Administration Proclamation
15 of 1928.
" The resettlement program must aim for
50:50 gender ratio resettlement of
beneficiaries. Any future Land Bill should
mainstream gender disparities.
" Women must be prioritised as immediate
beneficiaries of land resettlement
programmes, freehold affirmative action
financing and communal land allocation
processes to gain gender parity in land,
access, ownership and control
(7.) FARMWORKERS (INCL. GENERATIONAL FARMWORKERS)
PROBLEM STATEMENT STRATEGIC INTERVENTIONS RECOMMENDED RESOLUTIONS
" Farmworkers who were employed on the farms " Monitoring and evaluation systems must be put in " Re-visit the Kameeta Report and establish a
Page 20 of 20
bought by government are not considered for
resettlement, even if they had been living on
those farms over several generations.
" Aspects such as grazing rights and residence rights
of farmworkers on commercial farms are not
addressed in current legislation.
" There is no mechanism to deal with indiscriminate
evictions of farmworkers.
" Security of tenure of farmworkers is weak. The
Kameeta Commission of 2007 recommendations
on this matter have been disregarded and havent
had impact.
" Unionization in the farming sector remains
difficult due to structural factors such as isolation,
among others.
"
place to assess remuneration, social security
registration and living conditions of and impacts on
the lives of farmworkers.
" The findings of the surveys conducted by NAU and
others should be distributed widely and used actively
to inform decision making about the status of
farmworkers
" Support systems must be established to support
unionisation. Legislation must be put in place
compelling employers to deduct and pay
membership fees to farmworkers unions, so that the
unions are able to pay for costs related to their work.
" Legislation must be enacted and enforcement
mechanisms put in place to ensure grazing and
residential rights for workers, as well as protection
from evictions.
" When a farm is bought by government, the long-
term farmworkers should be prioritized for
resettlement.
" Explore joint shareholding of commercial farms
between employer and employees to enable workers
to buy shares in the farm business.
commission to make recommendations on
security of tenure for farmworkers