Academic literature on the topic 'Land tenure – Namibia'

The facts in this case, which fell to be decided by the Supreme Court of Namibia in November 2018, can be succinctly put: in 1985, Ms Kashela’s late father was allocated a piece of land as part of communal land by the Mafwe Traditional Authority (MTA) in the Caprivi region of the then-South West Africa (now Namibia). In 1985, the Caprivi region fell under the then-South West Africa Administration. Following the independence of Namibia on 21 March 1990, all communal lands became property of the state of Namibia by virtue of section 124 of the Constitution of Namibia Act 1 of 1990, read with Schedule 5 of the Constitution. Paragraph (3) of Schedule 5 of the Constitution states that the afore-mentioned communal lands became property of the state “subject to any existing right, charge, obligation or trust existing on or over such property”.

Land is a critical factor of production for improving the living conditions of people everywhere. The search for tools (or approaches or strategies or methods) for ensuring that land challenges are resolved in ways that quickly respond to local realities is what led to the development of the fit-for-purpose land administration. This article provides evidence that the fit-for-purpose land administration—as a land-based instrument for development—represents an unprecedented opportunity to provide tenure security in Africa. The article presents case studies from three sub-Saharan African countries on local-level experiences in the applications of fit-for-purpose guidelines as an enabler for engaging in tenure security generating activities in communities. These case studies, drawn from Ghana, Kenya, and Namibia, are based on hands-on local land administration projects that demonstrate how the features of the fit-for-purpose guideline were adopted. Two of the case studies are based on demonstrative projects directly conducted by the researchers (Ghana and Kenya), while the other (Namibia) is based on their engagement in an institutional project in which the Global Land Tool Network (GLTN) and other local partners were involved. This work is relevant because it paves a path for land administration practitioners to identify the core features necessary for land-based projects.

Taking tourism in Namibian rural areas as an empirical case study, this paper analyses the main factors that explain the economic outcome in a negotiation process in which local communities and private operators bargain over the distribution of income generated through a partnership lodge. While much research has focused on the required preconditions (especially property rights) and efficiency effects of tourism partnerships, a Nash bargaining model allows us to assess the distributive effects of such contracts. In particular, variables such as insecure community land tenure, and the resulting reduced value of land, the remoteness of lodges and the community's impatience and attitude towards risk could explain why rural communities have not so far captured the lion's share from tourism activities in communal lands. Finally, the paper shows that future research will be needed to complete the model in order to provide an account of the contractual problems that limit the efficiency of tourism partnerships in rural areas – transaction costs and underinvestment.

This paper describes how the Shack Dwellers Federation of Namibia developed the capacity to undertake enumerations and mapping of informal settlements and, with support from the national government and a local NGO, developed the Community Land Information Programme. Through this initiative, the federation has profiled and mapped all of the informal settlements in Namibia, covering more than 500,000 people without secure land tenure and setting a significant precedent in terms of the ability of the federation to work at scale. For each settlement, a profile was developed by the residents that stimulated discussions of their priorities and also discussions with government. In the second phase, the residents of informal settlements were supported to undertake more detailed enumerations and mapping to identify development priorities and provide the information needed for development initiatives. The paper describes how this was done in a case study of an informal settlement in Swakopmund municipality and ends with a discussion of what has been learned, especially with regard to keeping the process rooted in the concerns and priorities of the residents of each settlement.

Bibliography: pages 77-83.
This thesis describes some of the communal land tenure systems pertaining to Namibia. Understandably, lands held under communal land tenure have tended to be neither fully documented nor legally and explicitly formalised; communal land tenure systems have been through the mercy of arbitrary action by the state, private individuals or other institutions (S.A Government, 1996: 43). The study attempts to examine the issues involved in the design of a communal land tenure information system for Namibia. It therefore seeks to examine the possibility of using information technology to plan and manage customarily held land, the requirement for an effective design and implementation of such a system and the method of designing such an information system to make room for continual improvement and the addition of finer detail. The research begins with an in-depth literature review of the communal land tenure systems in Namibia and a description of similar information systems. This is followed by the research methodology, which describes the technique used for collecting, analysing and presenting the results of the study. The needs analysis and the data structure contained in the atlas are outlined. The fundamental concepts of database design and the various steps taken by the author to design and construct the land tenure database model for the dissertation are also discussed. The pilot project is analysed, taking into account the capability of the system, its success in terms of a needs analysis, and the adequacy of the data. It specifically analyses the design in the light of social relationships, person or group interests and the spatial component of communal land tenure systems with respect to each area. In addition, it seeks to answer the question whether the tool fits the communal land tenure system, discusses the strengths and weaknesses of the overall system design and the implementation strategies. It is envisaged that, with the provision of the information system in union with its database, this will help to identify and document a communal land tenure system. For the rural dweller or farmer, this system will provide a pictorial image of what is really happening on the ground. The information system could later be upgraded and fully implemented, enabling individuals to effectively plan activities around the existing circumstances and conditions. The recommendation that came out from the study was that given the limited information available on communal land tenure systems, more effort should be spent to study and gather data on the system. It is strongly recommended, therefore, that research into conditions in the communal areas be regarded as a top pri01ity by the Government of Namibia. This could lead to a richer information base in the communal areas to be utilised to improve the lifestyle of the rural communities. Thus, the prototype project designed in this thesis should be implemented fully and later developed and incorporated into an information system which, in the past, has lacked communal land tenure input. The research could not touch on all the communal land tenure areas in Namibia. It is therefore advised that the rest should be investigated in more detail. The inheritance and conflict resolution mechanism which were not modelled effectively should also be reinvestigated.

Thesis (LLM)--Stellenbosch University, 2012.
Includes bibliography
ENGLISH ABSTRACT: The South African land question presents complex legal and social challenges. The legal aspects of land are inextricably linked to other socio-economic aspects, such as access to housing, healthcare, water and social security. The Constitution provides for land reform in the property clause - section 25. This clause, while seeking to redress the colonial land dispossessions, by means of a tripartite land reform programme, also protects the property rights of all. The different legs of the land reform programme are redistribution, which is aimed at enabling citizens to access land on an equitable basis; restitution, which sets out to restore property rights or grant equitable redress to those dispossessed of land as a result of past racially discriminatory laws or practices and finally tenure reform. Tenure reform is premised on transforming the landholding system of those with legally insecure tenure as a result of past racially discriminatory laws or practices or granting comparable redress. The primary focus of this thesis is on tenure security for black rural women in South Africa, while using the Namibian experience with regard of the same group as a comparison. Historically, before colonialism, landholding was governed by the customary law of the various tribes in South Africa. This landholding system underwent extensive change through the colonial era that ultimately led to a fragmented and disproportionate distribution of land based on race, with insecure land rights particularly in rural areas, where women are the majority. With the dawn of the Constitutional era, South Africa embarked upon a social justice project, based on a supreme Constitution, embodying human dignity, equality, non-racialism, accountability and the rule of law. Land reform forms part of the social project and is governed by the Constitution and influenced by both the civil and customary law. With the South African tenure context, policy documents, legislation and case law will be analysed. In this process the role of the stakeholders and other related factors, for example customary practices are also considered. The analysis indicates that case law has played a significant part in addressing women’s plight with regard to equality, tenure reform and abolishing suppressive legislative provisions and practices. It is furthermore clear that the different categories of women are affected differently by the overarching tenure and other related measures. For a legal comparative study, Namibia was chosen for the following reasons: (a) both South Africa and Namibia have a shared colonial and apartheid background; (b) both countries have a Constitutional foundation incorporating human rights and equality; and (c) both countries have embarked on land reform programmes. However, contrary to the South African position, both the Namibian Constitution and its National Land Policy are more gender-specific. Tenure reform is an on-going process in Namibia in terms of which specific categories of women have benefitted lately. To that end the gender inclined approach may be of specific value for the South African situation, in general, but in particular concerning black rural women. Consequently, particular recommendations, linked to the specific categories of women, are finally provided for the South African position, in light of the Namibian experience.
AFRIKAANSE OPSOMMING: Die Suid-Afrikaanse grondkwessie beliggaam ingewikkelde regs- en sosiale uitdagings. Die regsaspekte wat verband hou met grond is ook onlosmaaklik gekoppel aan sosio-ekonomiese kwessies, soos byvoorbeeld toegang to behuising, gesondheidsdienste, water en sosiale sekuriteit. Die Grondwet maak vir grondhervorming in die eiendomsklousule, artikel 25, voorsiening. Die eiendomsklousule beoog om koloniale grondontnemings (deur ‘n drie-ledige oorhoofse grondhervormingsprogram) aan te spreek en terselfdertyd eiendomsregte te beskerm. Die oorhoofse grondhervormingsprogram bestaan uit herverdeling, waarmee billike toegang tot grond vir alle burgers bewerkstellig word; restitusie, waarvolgens herstel (of ander billike vergoeding) vir persone en gemeenskappe wat grond en regte as gevolg van rasdiskriminerende maatreëls verloor het, bewerkstellig word en laastens grondbeheerhervorming. Grondbeheerhervorming behels die aanpas of opgradeer van grondbeheervorme (of die betaal van billike vergoeding) in gevalle waar regte onseker (of swak) is weens rasdiskriminerende maatreëls en praktyke van die verlede. Die hooffokus van die tesis is op die regsekerheid (al dan nie) van grondbeheer van swart landelike vrouens in Suid- Afrika, met die Namibiese ervaring as regsvergelykende komponent. Histories, voordat kolonialisme ingetree het, was grondbeheer deur die tradisionele inheemse reg van die verskillende gemeenskappe in Suid-Afrika gereguleer. Hierdie grondbeheersisteme het grootskaalse verandering gedurende die koloniale tydperk ondergaan. Dit het eindelik tot ‘n rasgebaseerde, gefragmenteerde sisteem gelei waarvan die verdeling van grond disproporsioneel was en die grondbeheervorme regsonseker, veral in die landelike gebiede waar vrouens die meerderheid van die bevolking uitmaak. Toe die grondwetlike era in Suid-Afrika aanbreek, is daar met ‘n sosiale geregtigheidprojek (heropbou en ontwikkeling) begin. Hierdie benadering is op die Grondwet gefundeer waarin menswaardigheid, gelykheid, nie-rassigheid, rekenskap en regsorde beliggaam is. Grondhervorming vorm deel van die oorhoofse projek en word deur die Grondwet bestuur en deur beide die nasionale en die Inheems reg beïnvloed. Met betrekking tot die Suid-Afrikaanse grondbeheeristeem word beleidsdokumente, wetgewing en regspraak geanaliseer. In hierdie proses word die rol van belanghebbendes en ander verwante aspekte, soos byvoorbeeld Inheemse partyke, ook oorweeg. Die analise dui aan dat dit veral ontwikkelings in regspraak is wat ‘n groot bydrae gelewer het om vrouens se stryd om gelykheid en sekerheid van grondbeheer te bevorder en wat gelei het tot die afskaffing van onderdrukkende wetgewende maatreëls en praktyke. Dit is verder ook duidelik dat verskillende kategorieë van vrouens verskillend deur die oorhoofse grondbeheer- en ander verwante maatreëls, geaffekteer word. Namibië is vir die regsvergelykende analise geïdentifiseer omdat (a) beide Suid- Afrika en Namibië ‘n koloniale en apartheidsgeskiedenis deel; (b) beide jurisdiksies ‘n grondwetlike basis het waarin menseregte en gelykheid beliggaam word; en (c) beide lande grondhervormingsprogramme van stapel gestuur het. In teenstelling met die Suid-Afrikaanse benadering, is die Namibiese Grondwet en die nasionale grondbeleid egter meer geslag-spesifiek. Grondbeheerhervorming in Namibië is ‘n aaneenlopende proses waaruit veral sekere kategorieë vrouens onlangs voordeel getrek het. Om daardie rede mag die geslag-spesifke benadering wat in Namibië gevolg word vir Suid-Afrika ook van waarde wees, nie net in die algemeen by grondbeheer nie, maar spesifiek ook met betrekking tot swart landelike vroue. In die lig van die Namibiese ervaring word daar ten slotte spesifieke aanbevelings tot die Suid-Afrikaanse sisteem, gekoppel aan bepaalde kategorieë van vroue, gemaak.

The Ministry of Lands, Resettlement and Rehabilitation of Namibia is responsible for all land issues. The resettlement of landless farmers, of the previous disadvantaged groups, is one of the issues. The Agricultural (Commercial) Land Reform Act (Act 6 of 1995) applies to the commercial land parts of the country. Under this act the government of Namibia has the first option on the purchase of commercial farms when these are offered for sale. These purchased farms will then be used to resettle the landless farmers from the communal areas. These applicants may obtain a long-term lease over the purchased commercial farms. Long-term leases are legally required to be registered in the Deeds Office. A cadastral lease diagram is required for registration. The government, through the Ministry of Lands, Resettlement and Rehabilitation, has bought approximately 130 farms for resettlement purposes. On June 2003 approximately 13 of these resettlement farms were surveyed and cadastral lease diagrams prepared for registration in the Deeds Office. The author argues that many factors have affected the slow progress of the resettlement in Namibia including the time required for the preparation of the cadastral lease diagram. The current field survey techniques, Total Stations or/and GPS, are very reliable, but are slow. The use of digital orthophotos has been shown to shorten the time to prepare the cadastral lease diagrams. The Author further argues that because digital orthophotos are available at the Surveyor-General's Office means, there are no cost implications. The cost of the cadastral lease diagrams by using digital orthophotos is only a third of the cost of using the current field survey techniques. Replacing current survey techniques with digital orthophotos or including the use of digital orthophotos, as a surveying technique would require the revision of the Land Survey Act (Act 33 of 1993) and the Survey Regulations, under section 5 of the said Land Survey Act - Government Notice No. 58 of 2002.
Thesis (M.Env.Dev.)-University of KwaZulu-Natal, Pietermaritzburg, 2004.

The issue of land recording and keeping in the Communal Area of Namibia has been a severe dilemma to the Government. Various types of land disputes are on increase and continue to be predominant despite various Acts, Policies and other related Legislations on the Land Administration and Management passed by Namibian Parliament. Since the establishment of the Oshana Communal Land Board, effort was made to keep conventional records of information pertaining to land parcels in communal areas of Oshana Region. However, spatial information about the land ownership records is still not available in a well-designed and organised system. The non-existence of Land Information Management (LIM) System using Land Information Systems (LIS) application as management tool contributed to this problem. However, Oshana Communal Land Board used manual based system with incomplete coverage and less comprehensive information. In most cases decision makers have to make critical decisions based on little or no information. Therefore, LIM System and data sharing are the major features of the OSHCLB and in order to facilitate these processes there is a need for the introduction of LIS application. Adequate land information is crucial to sustainable development and sound information systems are of vital importance to land management systems. This is also been expressed in the various reports including the Operational Manual for Communal Land Board in Namibia. The user needs and requirements were carefully considered during the data collection stage. The system was designed using proven methodologies, which were explained and reasons for the choice is discussed. However, the detailed LIS applications can be pursued by other researchers or consultants in the future to make the system complete.
Thesis (M.Env.Dev.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.