Communal Land Support (CLS) Sub-activity Procedures, Operations and Systems Report

Transcription

1 Communal Land Support (CLS) Sub-activity Procedures, Operations and Systems Report Commissioned by the Millennium Challenge Account Namibia with funding from The Millennium Challenge Corporation

2 1. LIST OF ACRONYMS AND ABBREVIATIONS CLB CBRLM CLRA CLR CLS CSIP DCP DSM DOP GPS GIZ IS GIS IC LIS MCA-N MCC MLR NCA NCLAS PTO RSIP SDE TA TSIP UPI Communal Land Board Community-based Rangeland and Livestock Management Communal Land Reform Act Communal Land Registration Communal Land Support Communication Strategy and Implementation Plan Data Collection Plan Directorate of Survey and Mapping Dilution of position Global Positioning System Gesellschaft für Internationale Zusammenarbeit (GIZ)- International Services Geographic Information System Investigation Committee Land Information System Millennium Challenge Account Namibia Millennium Challenge Corporation Ministry of Lands and Resettlement Northern Communal Area Namibia Communal Land Administration System Permission to Occupy Registration Strategy and Implementation Plan Spatial Data Engine Traditional Authority Training Strategy and Implementation Plan Unique Parcel identifier -i-

3 2. EXECUTIVE SU MMARY The objectives of the Communal Land Support (CLS) sub activity are to support the development of land administration systems and increase security of tenure in the Northern Communal Areas (NCAs) of Namibia. The sub activity as a whole has been divided into three main parts: assessment, planning and implementation. Two assessments; namely, the Relevant Land Parcel report and the Capacity Assessment Report have already been finalized. Further to these, four strategic plans: the Registration Strategy and Implementation Plan (RSIP), Communication Strategy and Implementation Plan (CSIP), Training Strategy and Implementation Plan (TSIP) and the Data Collection Plan (DCP) have also been developed and presented as complementary and mutually informing parts of the planning phase. The Procedures, Operations and Systems (POS) report is a deliverable that falls under the Policy Review, procedural development and capacity building component. The main purpose of the POS is to build on and refine procedures and systems that are used by Traditional Authorities (TAs), Communal Land Boards (CLBs) and the Ministry of Lands and Resettlement (MLR) for verification, adjudication and registration of land rights in the Northern Communal Areas. Specifically, the Procedures, Operations and Systems report focuses on the refinement of the as is system(s). The Terms of Reference (TOR) for the POS were diverse, ranging from; revision of application forms used in communal land registration, development of criteria defining competencies, qualifications and experience of Investigation committees to development of an improvement plan for the Namibia Communal Land Administration System (NCLAS). The final TORs for this Procedures Operations and Systems report were drawn from the twelve (12) contractual issues specified on pages 43/44 of the Millennium Challenge Account Namibia (MCA-N) contract document MCAN/CIF/RFP/3A01001-A (P3.2.1A) and two (2) additional issues agreed upon with the MLR. To explore each issue, the problems/gaps associated with the item in the current situation were first established. Recommendations for refinement were then suggested. Several methodological approaches, such as; interviews, site visits, focus group discussions, were used to probe the Terms of Reference. The approach used for each item is briefly explained alongside the issue. Key recommendations proposed in the Procedures, Operations and Systems report include: Reducing to four (4), eight (8) of the application forms used in communal land registration. This is accomplished through merging of forms. In addition, several amendments are suggested to the forms currently in use. -ii-

4 A five step improvement plan for the Namibia Communal Land Administration System (NCLAS) Documented criteria, experience, qualifications, remuneration, duration and other pertinent issues for the establishment of Investigation Committees as well as the procedures such committees would use for conducting investigations. Documented cadastral procedures for marking on orthophotos, recording GPS data and compiling field notes. Introduction of a village (or communal area) land register to improve local level land administration. It should be noted however that procedural issues that are associated with the Policy Review are beyond the scope of the current POS report. Beyond the current POS, several other procedural issues have been suggested for further work, amongst these; (1) the further refinement of the procedures recommended in this Procedures, Operations and Systems report, informed by new experiences and challenges from field teams as well as monitoring and evaluation activities, (2) further refinement of the NCLAS improvement plan, taking into consideration any developments in the MLR s Information and Communications Technology infrastructure and spatial data infrastructure initiatives, and (3) development of relevant procedures associated with adopted policy review recommendations, and (4) training of Traditional Authorities and Communal Land Boards on the new procedures. -iii-

5 TABLE OF CONTENTS 1. LIST OF ACRONYMS AND ABBREVIATIONS... I 2. EXECUTIVE SUMMARY... II 3. INTRODUCTION BACKGROUND TO THE MCA CLS SUB-ACTIVITY OBJECTIVES AND CONTENT OF THE PROCEDURES, OPERATIONS AND SYSTEMS REPORT STRUCTURE OF REPORT METHODOLOGY FIELD ACTIVITIES CADASTRAL PROCEDURES APPLICATION FORMS POST FIELD ACTIVITIES PROTOCOL FOR LAND RECORD KEEPING AT LOCAL LEVEL PROTOCOL FOR SAFE AND SECURE MAINTENANCE AND STORAGE OF HARD AND SOFT COPIES OF FORMS, MAPS, CERTIFICATES AND LEASES IN MLR AND CLB PREMISES IMPROVEMENT PLAN FOR THE NAMIBIA COMMUNAL LAND ADMINISTRATION SYSTEM THE REFINEMENT OF THE DATA STRUCTURE, SPECIFICATIONS AND DATA EXCHANGE FORMATS STORAGE OF SPATIAL INFORMATION REGARDING LEASES AND VERIFIED RIGHTS IN A SPATIAL DATABASE OR GEOGRAPHICAL INFORMATION SYSTEM REFINEMENT OF THE SPECIFICATIONS FOR THE ESTABLISHMENT OF A CADASTRAL BASE MAP FOR THE NCAS PROCEDURES BY WHICH COMPLAINTS ABOUT ILLEGAL LAND ACQUISITION AND FENCING CAN BE REPORTED AND CAN BE RESOLVED BY APPROPRIATE AUTHORITIES INVESTIGATION COMMITTEES FOR CLAIMS TO EXISTING RIGHTS TEMPLATE FOR LETTER TO THE MINISTER FOR PARCEL SIZES ABOVE 20 HA QUALITY CONTROL IN CADASTRAL OFFICE AND REGISTRATION PROCESSES REFINEMENT AND IMPLEMENTATION OF PROCEDURES FOR QUALITY MANAGEMENT, INCLUDING DATA QUALITY CONTROL, IN THE CADASTRAL OFFICE AND REGISTRATION PROCESSES MAINTENANCE OF THE LAND REGISTRATION SYSTEM AND ITS ASSOCIATED RECORDS PROCEDURES FOR UPDATING REGISTERS TO ACCOUNT FOR CHANGES IN LAND RIGHTS THAT MIGHT RESULT FROM NEW ALLOCATIONS, SUBDIVISIONS, SUBLEASE, AND INHERITANCE SUMMARY TABLE OF THE RECOMMENDATIONS AND PROPOSED IMPLEMENTATION THE WAY FORWARD iv-

6 LIST OF FIGURES FIGURE 1: COMPONENTS OF THE CLS SUB-ACTIVITY (SOURCE: OWN COMPILATION)... 2 FIGURE 2: UML CLASS DIAGRAM OF THE CURRENT CADASTRE FIGURE 3: EXAMPLE OF STANDARDIZED MAP LAYOUT FIGURE 4: EXAMPLE INDEX MAP LIST OF TABLES TABLE 1: TABLE THAT SHOWS RECOMMENDED MERGING OF CURRENT FORMS TABLE 2: KEY FIELDS OF THE VILLAGE LAND REGISTER TABLE 3 DATA SECURITY AT THREE LEVELS TABLE 4 DATA EXCHANGE PLATFORM TABLE 5 STANDARD SYMBOLS FOR BOUNDARY FEATURES TABLE 6 STANDARD SYMBOLS FOR LAND COVER TABLE 7 STANDARD SYMBOLS FOR INFRASTRUCTURE ELEMENTS TABLE 8 STANDARD SYMBOLS FOR COMMUNICATION AND NETWORK ELEMENTS LIST OF ANNEXES ANNEX A: WORKPLAN FOR THE PROCEDURES, OPERATIONS AND SYSTEMS REPORT ANNEX B: LIST OF PERSONS CONSULTED ANNEX C: NCLAS WORKSHOP PARTICIPANTS v-

7 3. INTRODUC TION 3.1 Background to the MCA CLS Sub -Activity The Millennium Challenge Account Namibia (MCA-N) Compact was signed in 2008 between the Republic of Namibia and the US Government. An amount of US$ million has been made available to the Government of Namibia through grant funding for public investments in education, tourism and agriculture (land access and management, livestock, and indigenous natural products), supporting development in the target sectors. The goal of Namibia s MCA Compact is to reduce poverty through economic growth in the three target sectors. To accomplish the Compact Goal of increasing income, the MCA Namibia Programme aims to achieve the following objectives: To increase the competence of the Namibian workforce (knowledge, skills and attitude) To increase the productivity of agricultural and non-agricultural enterprises in rural areas. The Agriculture Project of MCA-N is primarily focused on achieving a sustainable increase in economic performance of the agriculture sector in the Northern Communal Areas (NCAs) of Namibia. Agriculture in the broadest sense is extremely important to the livelihoods of many rural based Namibians. The approach used is to synchronise the support efforts that will contribute to poverty alleviation and to improved livelihoods of beneficiaries through the different activities that are being implemented by the Agriculture Project. The Project is composed of three activities, namely Activity 1 Land Access and Management, Activity 2 Livestock Support and Activity 3 Indigenous Natural Products. The activities of the Agriculture Project are aimed at strengthening the land tenure system in the NCAs, improving rangeland management practices, strengthening animal health services, improving livestock marketing efficiency and strengthening the supply chains and marketing of indigenous natural plant products throughout Namibia. As such Activity 1 Land Access and Management is sub-divided into three distinct but related sub-activities: Sub-Activity 1 - Communal Land Support (CLS) Sub-Activity 2 - Community-based Rangeland and Livestock Management (CBRLM) Sub-Activity 3 - Environment and Social Assessment. The Millennium Challenge Account Namibia (MCA-N) has commissioned GIZ International Services (GIZ IS) as a facilitator of its Communal Land Support Sub-Activity (the CLS Sub- Activity). The objective of the CLS Sub-Activity is to support the development of land administration systems and increase security of tenure in the Northern Communal Areas (NCAs 1 ). The CLS Sub- Activity specifically aims to strengthen the land rights verification and registration conducted by 1 In the context of the MCA CLS Sub-Activity the NCAs include Kunene North, Omusati, Oshana, Oshikoto North, Ohangwena and Kavango, but not Caprivi. -1-

8 the Communal Land Boards (CLBs) and Traditional Authorities (TAs), managed by the Ministry of Lands and Resettlement (MLR), and to facilitate the registration of rights in certain identified areas. The CLS Sub-Activity is designed to support the agenda of MLR to implement the provisions of the Communal Land Reform Act (CLRA) of 2002, and to regularize land tenure in the NCA. To achieve the stated objective, the Terms of Reference state two key tasks for the CLS Sub- Activity as follows: 1. The provision of support to the 6 regional CLBs, the 15 recognized TAs and other village headmen and chiefs in the NCAs to support their capacity to adjudicate, allocate and administer formal land rights and to resolve conflicts that may arise. This will include a broadly targeted communications campaign, the provision of training, material support, and the development and implementation of detailed operating systems and procedures for the operations of the CLBs, designed to underpin their land administration functions in respect to the award of leaseholds for tourism and grazing rights. 2. The implementation of a systematic process designed to identify de facto land holdings and fences which, under the terms of the Act require applications for their verification and registration to be lodged before March The activity will focus on identifying, in a comprehensive manner, all land parcels regardless of their size, including those that have been enclosed with a fence, and on assisting the CLBs to adjudicate the validity of these in terms of the Act, in each of the respective areas. Figure 1: Components of the CLS Sub-Activity (Source: Own Compilation) -2-

9 The CLS Sub-Activity is comprised of two phases with a total of six components. Some of the components will be implemented concurrently and others will be sequential; the outcome of some of the initial components will have an impact on the nature and scale of subsequent components (Figure 1). 3.2 Objectives and content of the Procedures, Operations and Systems Report The POS report focuses on the refinement of existing systems and procedures that support current communal land registration operations (i.e. the as is). The overall goal of the refinement was to improve current procedures and systems. The POS does not cover procedural issues related to the Policy Review. These will be covered separately after the Policy recommendations have been submitted and adopted by the MLR. The final TORs for this POS were derived from the Terms of Reference specified in the Millennium Challenge Account Namibia (MCA-N) contract document MCAN/CIF/RFP/3A A (P3.2.1A) pages 43/44 and two additional issues (last 2 on the list below) agreed upon with the MLR. The full list of items covered in this POS is given below: 1. The revision, and as necessary, development of application and other forms (in local languages) to assure that they are clear, user-friendly and consistent with revised laws, systems and procedures; 2. The review of cadastral procedures in practice, assessments of lessons learned and development of proposals for improvements to procedures and establishing of more clientoriented services; 3. The refinement of the data structure, specifications and data exchange formats; 4. The refinement of the specifications for the establishment of a cadastral base map for the NCAs (using digital ortho-photographic imagery of high resolution); 5. The development of recommendations on how spatial information regarding leases and verified rights can be stored in a spatial database or Geographical Information System; 6. The refinement and implementation of the procedures for quality management, including data quality control, in the cadastral office and registration processes; 7. The development of criteria defining the desired competencies, qualifications and experience for members of the investigating committees to be appointed under section 37 of the Act. 8. The development of clear procedures by which complaints about illegal land acquisition and fencing can be reported to the TAs and CLBs, and can be resolved by appropriate authorities, including TAs, CLBs and their investigating committees, and the police; 9. The development of a protocol for the safe and secure maintenance and storage of hard and soft copies of forms, registers, maps, certificates and leases in TA, MLR or CLB premises or elsewhere -3-

10 10. The development of procedures for updating registers to account for changes in land rights that might result from new allocations, subdivisions, sublease, and inheritance. 11. Development of an improvement plan for the NCLAS. 12. Development of a template for the motivation letter to the Minister for parcels above 20 ha. For better presentation of the report, the TORs were grouped into four main categories of; field related items, post field related activities, quality management and control, and maintenance of the land registration system. 3.3 Structure of report This report is structured into 10 Chapters. Chapters 2 and 3 give the executive summary and introduction, respectively while chapter 4 outlines the general methodology used for the POS. Chapter 5 presents the review of field related activities namely; cadastral procedures and application forms. Post field activities, which include; land record keeping at village/communal area level and the MLR, the NCLAS, procedures for complaints and dispute management, establishment of investigation committees and the development of a template for the letter to the Minister for parcels above 20 hectares; are presented in Chapter 6. Chapter 7 examines the quality control issue while chapter 8 deals with maintenance of the land registration system and its associated records. A summary table of the recommendations and proposed activities leading to implementation is presented in Chapter 9. Chapter 10 outlines the way forward, beyond the current POS report. -4-

11 4. METH OD OLOGY Since the focus of the POS was mainly on refinement of existing procedures and systems, the investigation proceeded by first reviewing how things are currently done and identifying the problems associated with the present situation. Recommendations were then developed. To achieve this, a number of methods were used, namely: Interviews with key MLR personnel Interviews with selected experts Focus group discussions Site visits A workshop Observations Review of existing documentation The methods used to probe content issues in each section of the POS are indicated within the respective sections. Some methodological steps used in the overall development of the POS report include: 1. Discussions of content issues with the MLR regions and head office (see work plan Annex A). 2. Development of drafts for selected content items and circulation of these to relevant persons/groups within MLR for further comments and input. 3. Revision of drafts and incorporation of comments. 4. A workshop on the NCLAS which was held based on a previous draft document that was circulated to key persons. 5. Develop recommendations. 6. Develop and submit final draft of the POS to MCA. -5-

12 5. FIELD AC TIVITIE S Fieldwork is an integral part of any land registration system. Key activities often done in the field as part of registration include mapping of land parcels and verification of applicants data. For communal land registration in Namibia, some of the key tools used for field work include; orthophotos, application forms, field notebooks and handheld GPS equipment. It is important that the field approaches and tools used to conduct registration are refined continuously to enable more efficient operations. Two (2) main issues related to the mapping and verification of communal land rights were identified as critical for the current POS report. These include; the review of cadastral procedures used and revision of application forms. The relevance of each of these issues is highlighted below. A. The cadastral procedures used to map parcel boundaries and record field data provide the foundation upon which land information is collected. For CLR, the marking of boundaries on orthophotos serves as primary evidence of the agreed extent of each parcel or village and forms the basis for digitizing these boundaries into the NCLAS. Where boundaries have significantly changed and/or cannot be identified on orthophotos, handheld GPS units are used as a secondary data collection option. Field notes, on the other hand, document key information that links applicants to the land parcels marked on orthophotos, thereby facilitating an organized way of processing records after field work. B. Application forms are used by land right applicants to formally lodge their claims for recognition and ratification, transfer rights or apply for permission to erect or retain fences. The information captured on these forms is therefore crucial for determining and confirming right holders and the rights they have applied for. In the next sections, the main problems associated with the current cadastral procedures and application forms are first highlighted. Recommended changes are then presented. 5.1 Cadastral Procedures Problems/Gaps identified There is lack of documented cadastral instructions within the MLR for marking boundaries on orthophotos, recording boundaries using GPS and recording of field notes. Without such guidelines, MLR regional teams mark boundaries of parcels and villages and record associated field notes differently, a scenario that potentially leads to data integration problems later. In some cases, non permanent ink that easily fades has been used. The stakes are even higher now that CLS and MLR field teams work alongside each other in the same region and can potentially document records differently. -6-

13 5.1.2 Methodology To analyze and review cadastral procedures used, interviews were held with key personnel in the MLR and regional staff in the northern regions (see annex B for list of persons consulted). Follow up site visits were also arranged and undertaken Recommendations Recommendations for cadastral procedures were proposed for; (1) the marking of orthophotos by field teams during verification and mapping, (2) data capture using handheld GPS units and, (3) recording of field notes. Such recommendations are provided below Guidelines for marking orthophotos The following guidelines are recommended for marking on orthophotos during field mapping and verification:- Teams should use permanent ink to mark on orthophotos. Non permanent ink potentially fades with time thereby wiping the primary evidence of boundary existence. To clearly distinguish between a marking and a correction, land parcel boundaries should be marked as solid black lines while boundary corrections should be made in red. Where necessary, disputed parcel boundaries should be marked as dashed black lines. Subdivisions if represented on tiles should be marked in blue. The surname and initial(s) of individual land parcel owners must be written inside each parcel in black. A provisional UPI number should be provided for each parcel mapped. This same UPI should be written on the application form for easy reference. Village boundaries should be marked as solid green lines and village names shall be written in green inside the marked village on each field tile. Where possible, unclear (or disputed) village boundaries may be marked as dashed green lines. Medium/longer term: Since the current set of orthophotos used for CLR activities are almost 4 years old, acquisition of new imagery can be planned for jointly with the mapping section at the Directorate of Survey and Mapping (DSM). The DSM has a defined mapping cycle for acquiring new imagery and communal land registration requirements can be discussed and be incorporated into this framework Guidelines for recording boundary coordinates using handheld GPS The following checks and guidelines are recommended for the mapping of boundary points using handheld GPS units:- Checks for GPS To effectively use the handheld GPS units in the field, the following checks should be made by field teams prior to any field trip. Check that enough GPS data collection forms or recording books have been packed. Take along extra batteries and battery charger if available. -7-

14 Take along the GPS unit s data cable if regular download of data is required. General protocol for collecting GPS points Ensure the GPS unit has been configured properly. The first time a GPS unit is used in a new location it will need some time to orient itself. Also ensure that receiver settings are correct: Latitude/ longitude coordinates should be in decimal degrees and map datum should be set to WGS84. Move to the boundary point that you wish to record and make sure that you have as clear a view of the sky as possible. Buildings, leaves and tree branches cause interference and decrease the accuracy. Check the accuracy level of the GPS unit before taking a reading. The unit has to be locked to at least three satellites before recording a position. The more satellites the better. When your GPS receiver has four satellites in view, check your dilution of position (DOP) or precision dilution of position (PDOP). Some GPS receivers have a display labeled DOP or PDOP, a reading which gives you an idea of how accurate your readings are. The lower the DOP/PDOP the more accurate your reading is. Other units have the accuracy displayed, the lower the accuracy value displayed the better your readings will be. Record your position as a waypoint. There are various ways to do this, hence refer to your unit s user guide for further information. Give your waypoint a record number. Most GPS units allow you to give your waypoints some kind of text or numeric identifier so that each waypoint is easy to index in the GPS unit's memory. You can name your way points to correspond to the UPI number of the parcel e.g. way points for parcel 8 could be named 8A, 8B etc. Where GPS recording books are used, book the coordinates correctly. Make sure to record the GPS ID and date, names of the booker, observer and any notes. If you record data on GPS forms or recording book, fill out the reading completely. To ensure the correct reading has been booked, the booker should shout the reading back to the observer. Where waypoints cannot be captured because the unit is full, download the data to a laptop or appropriate media Guidelines for recording field notes The following guidelines are recommended for the recording of field notes by field staff during mapping and verification of land parcels:- Standard A4 hard cover books shall be used as field notebooks. Loose sheets should be avoided as they tend to fall out and get lost easily. Field notes shall be recorded village by village in the notebook. Notebooks shall be labelled, preferably on the cover, to reflect the villages recorded inside as well as the TA and region the villages fall in. Details of the village name and headmen (including contact details) shall be recorded on the front page of each village to facilitate any follow up and/or clarification after field work. -8-

15 For each land parcel, the following details shall be recorded; a provisional UPI, the name of the owner, orthophoto (tile) number (s) where parcel is located, application form (yes/no) and any pertinent comments worth noting. In every village, parcels shall be allocated provisional UPI numbers starting from 1 going upwards. For easy reference, the names of the booker (recorder) shall be noted on the front page of each village. To ensure consistency in the UPI between the commercial and communal land registration systems, village names can be confirmed against the UPI server and necessary changes can be incorporated if needed. 5.2 Application Forms Problems identified The current set of application forms are available only in English, a language not easily understood by most applicants. This makes it difficult especially for applicants of customary land rights to complete forms correctly and for headmen to verify correctness of information supplied. There are too many forms hence institutions have to keep many copies of different forms Methodology To revise the current set of application forms, extensive consultations were conducted with CLB secretaries across all MLR regions (see Annex B for list of consulted persons). This revision was built on prior work done by the MLR just before the project commenced 2. Field visits were arranged to the TAs of Uukwaluudhi and Uukwambi while additional input from other TAs was solicited for through CLS training events held in the NCA regions Recommendations Reduce the number of forms and introduce appendices It is proposed to create four main application forms; for customary land rights, leaseholds, transfers and fences by merging some forms. This would reduce the number of key forms from 8 to 4 (see table below). Since it was established that some of the questions on the old forms were seldom filled out by applicants, the project suggests appendices for the following: Additional spouses and dependants Additional holders of land rights with respect to the communal land applied for Already registered land rights of the applicant Appendices will: 2 The MLR started a process of revising the application forms in 2009 prior to the commencement of the CLS POS review. -9-

16 a) Streamline the main forms, and b) Provide a more structured layout to capture additional information During the discussions and numerous consultations, some concerns were raised that if certain information was shifted to appendices, TA offices might run out of copies of these appendices and the information will not be obtained at all. But on the other hand, seemingly lengthy application forms might put potential applicants off as they might not know that there are some parts in the application forms which they do not have to fill out. An additional aim of creating appendices was to make the application forms shorter and easier to understand by leaving out unnecessary information. Table 1: Table that shows recommended merging of current forms Current forms Form 1 Form 3 Form 5 Form 6 Form 8 Form 13 Form 14 Type of application New customary land right Existing customary land right Right of leasehold Right of leasehold for agricultural purposes outside a designated area Grant of a right of leasehold Transfer of customary land right Transfer of leasehold Recommended forms (merged) Form A Form B Form C Form 15 Erection of fences Form D Revise current application forms and amend content where necessary The revised forms (provisionally named forms A, B, C, D and appendices 1, 2 and 3) are presented at the end of this section. Amendments suggested on each form are highlighted and explained below. -10-

17 Form A: Application form for customary land rights (combines the current forms 1 and 3) Amendment A1: New application form is structured into distinct sections The application form was structured into different sections, namely: 1. Application for 2. Applicant details 3. Address and contact details of applicant 4. Description of land rights and land parcel 5. Fences 6. Additional land rights 7. Consent for Application granted by TA 8. Application ratified by the CLB This structure allows for a better overview of the information when checking the form for completeness and guides the applicant when filling out the application. In addition, the new set of application forms has provisions for TAs to endorse their consent to the application (ideally at local headman level) and for CLBs to endorse the ratification. Amendment A2: Boxes provided to tick whether application is for new or existing customary land rights The new form provides boxes to tick in order to differentiate between applications for new or existing customary land rights. Boxes are also provided to tick to whom form is addressed - new customary (to be addressed to the Chief) and existing customary land right (to be addressed to the CLB chairperson). This is necessary as the old application forms for existing and new customary land rights were merged into one form. The land right applied for could also be written on top of the application form to allow for a quick classification of the applications by the TA/CLB/MLR during sorting. In addition, the merged application form provides an explanation of new (allocation on or after 1st of March 2003) and existing customary land rights (allocation before 1st of March 2003) to avoid mistakes when completing applications by applicants. Amendment A3: Separation of first names and surname of applicant The new form provide for separate fields for entering first names and the surname of the applicant in order to avoid confusion of the names which was reported as a common mistake on the current forms. Amendment A4: Allow for filling in date of birth in place of ID number In order to allow people who do not have an ID to apply and at the same time ensure that the applicant will not be confused with another person, the new application form allows for the entry of the applicant s date of birth in cases where the ID number is not available. Amendment A5: Boxes to tick for stating the sex In the new application form, there are boxes which can be ticked for stating whether the applicant is male or female. This makes filling out the application form faster as less writing has to be done. -11-

18 Amendment A6: Boxes to tick for stating the family status The new form provides options for the applicant to chose his/her family status. Amendment A7: ID number/date of birth and nationality of spouse The new form asks for the ID number or date of birth and for the nationality of the spouse, thus allowing for a clear and unmistakable identification of the spouse which will be helpful in case of inheritance. Amendment A8: Requiring a copy of the ID and marriage certificate By requiring the applicants to attach a copy of their ID and the marriage certificate (if applicable) to their applications, fraud can be avoided. When processing the application, these documents will also ensure that the information provided in the application form, e.g. the full name of the applicant, is accurate. Amendment A9: Further spouses and dependents in appendix Most people will only have one spouse and will thus complete the main application form only. Additional spouses will be added in appendix 1. Dependents are important for inheritance and transfers. However, the process of who inherits the land if parents are no more is determined at community level in consultation with the TA and community elders. The list of dependents as entered on the application form is not considered during this consultation process. Despite this shortfall, it was agreed with MLR that dependents be included in appendix 1 to safeguard against any potential disputes or dispossessions that can emerge on reallocation. Amendment A10: Questions concerning Applicant s address and contact details The form asks for information on the address and cell phone number of the applicant. The phone number can be used during subsequent processing of the application especially if a need for clarification on certain points should arise. This will simplify communication between authorities and the applicant, which would likely result in a faster registration process. Amendment A11: Approximate size of the land applied for was taken out Experience has shown that estimations of the size of the land parcel by the headmen or TA are usually extremely inaccurate and deviate widely from actual sizes computed after mapping. This is due to the fact that headmen do not have the necessary equipment and methods for surveying parcel sizes. Discrepancies in estimations often lead to discord, e.g. when the survey of the parcel yields a lower parcel size than was expected based on headmen estimations. Because of this, the revised forms do not include the approximate size of the land applied for. Amendment A12: More detailed information on the area where land is located The new application form asks for more elaborate information on the area where the land is situated, i.e. constituency, traditional village, traditional authority allocating the rights, traditional administrative area/district. Amendment A13: Region in which communal area is situated was taken out -12-

19 The new form does not ask anymore for the region in which the communal area is situated as this specification will always correspond to the region of the Communal Land Board. By adjusting the form this way, double entries can be avoided, thus reducing the time needed for filling the forms. Amendment A14: Land use applied for By asking for the intended land use on the land applied for, it can be found out whether the application should really target customary land rights or rather apply for leasehold land rights. Amendment A15: Other land right holders In the proposed new form, the question Does any other person hold a customary land right in respect of the portion of land? was changed to Does any other person(s) hold any land right in respect of the portion of land? In this way, one will ensure that existing secondary rights to the respective land parcel such as passing rights, will also be considered. Amendment A16: Additional holders of land rights in appendix In order to shorten the main application form, all further specifications on additional land rights were shifted to appendix 2. For further explanation, please refer to the respective section of this document. Amendment A17: Additional information on fences on Form D A paragraph on fences, where the applicants will be asked whether they want to retain existing fences or parts of these or erect new fences, has been added to the form, but all additional information on fences will be asked in Form D to keep the main application form as simple and short as possible. Amendment A18: Explanation on additional land rights added Under the paragraph on additional land rights, there is now an explanation of the different land rights (registered/not registered) in order to make the question more understandable. Amendment A19: Appendix for Already registered land rights of the applicant The current application form only asks whether the applicant already holds any other customary rights. In order to be able to judge new applications for land rights on the basis of how much land the applicant already owns or holds rights to all in all, the new form asks for land rights in general. Amendment A20: Attachment of the receipt The new application form requires the attachment of the receipt for the application fees in order to prevent fraud and embezzlement by applicants and throughout the processing of the application form. An application will only be approved when the necessary fee is paid. Amendment A21: Date and Location -13-

20 The new application form provides space for entering the date and location when signing the form. In this way, it is clear which court of jurisdiction will be responsible in case of any prosecution. Form B: Application form for leasehold land rights The current application forms for leasehold rights (forms 5, 6, and 8) have been merged into one application form, thus decreasing the number of forms and simplifying the handling of such forms. In this way, the responsible institutions will only keep copies of one application form in stock for leaseholds. Similar amendments as proposed in form A (i.e. A3 A10, A12, A15 A21) are also recommended for form B. Only additional amendments are explained below. Amendment B1: Application form is structured into distinct sections The application form was structured into 7 key sections, namely: 1. Application for 2. Applicant details 3. Address and contact details of applicant 4. Description of land rights and land parcel 5. Fences 6. Additional land rights 7. Other land uses 8. Consent for Application granted by TA 9. Application ratified by the CLB This structure allows for a better overview of the information and guides the applicant when filling out the application. In addition, the new application form has provisions for TAs to endorse their consent to the application (ideally at local headman level) and for CLBs to endorse the ratification. Amendment B2: Constituency of Communal Land Board deleted This was deleted because for the Communal Land Board, only the Region which the Board is situated in is relevant. Amendment B3: Check boxes included for new leaseholds and transformation of permissions to occupy Merging the previous forms made it necessary to add boxes for distinguishing between applications for new leaseholds and applications for transformation of permissions to occupy. Check boxes have also been included for applications for leaseholds for agricultural purposes outside a designated area (to be addressed to the Minister) and other leasehold applications (to be addressed to the CLB) Amendment B4: Attachment of PTO certificate The attaching of a PTO certificate will serve as proof that the applicant had a PTO right. -14-

21 Amendment B5: Sequence of current land use, land use applied for and intended time period The questions for the current land use, the land use applied for and the intended time period are now clustered under the section description of land rights and land parcel. This ensures a more logical sequence of questions. Amendment B6: Designated area A question which asks whether the land parcel is situated in a designated area was added in order to assess whether the application requires the consent of the Minister if the land parcel is located outside a designated area. Amendment B7: Other land uses Unlike in the current form, the question now gives the applicant a clear choice between a conservancy and community forest when asked for other land uses, without stating the sections in the relevant acts which might only confuse applicants. This question helps to determine whether there is a need for a letter of consent from a conservancy or community forest. Amendment B8: Attachment of letter of consent from the conservancy/community forest By asking the applicants for a letter of consent from the conservancy or community forest, the CLB will have the proof that they were consulted, thus providing them with a better basis for their decision regarding the application. Amendment B9: Attachment of a business plan A business plan should be attached to the application where applicable, so that the CLBs can determine the appropriate duration of the leasehold based on when the lessee expects to recover his/her costs. It is proposed that a new regulation that lists business activities for which a business plan is required be developed and included into the CLRA. Form C: Application form for Transfer of Land Rights in Communal Areas The former forms 13 and 14 ( Application for transfer of customary land right and Application for transfer of right of leasehold ) were merged, thus decreasing the number of forms and simplifying the handling of the application forms. In this way, the responsible institutions will only keep in stock copies of one form for all transfers of land rights. Moreover, the new form now also provides for the transfer of a part of the land parcel. Most amendments suggested for this form are similar to those highlighted in forms A and B. Only additional amendments are explained in the section below. Amendment C1: Application form is now structured into distinct key sections The application form was structured into 5 distinct sections, namely: 1. Concerning application for transfer of 2. Details of Transferor 3. Reasons for Transfer -15-

22 4. Details of Transferee 5. Address and contact details of Transferee 6. Additional land rights by Transferee 7. Consent for Application granted by TA 8. Application ratified by the CLB This structure gives a better overview of the information and guides the applicant when filling out the application. Amendment C2: Boxes for stating the nature of the transfer of land rights Merging the previous forms made it necessary to add boxes for distinguishing between the transfer of customary land rights (to be addressed to the Chief) and the transfer of leasehold land rights (addressed to the CLB). In addition, the form distinguishes between applications concerning the transfer of the entire land parcel and the transfer of only a portion of the land parcel. Amendment C3: Transferor and Transferee details The transferor and transferee details were changed as described under Form A amendment A3 - A10. In addition, organisation and company names are included to cater for transfer of leaseholds by such institutions. Form D: Application form for fences in Communal Areas Whereas form 15 formerly only applied to the erection of new fences, the new form D can now also be used to apply for existing fences which the applicant wants to retain. Most amendments suggested for this form are similar to those highlighted in forms A and B. Only additional amendments are explained in the section below. Amendment D1: Application form is split into distinct sections The application form was structured into different sections, namely: 1. What type of land right do you want to fence? 2. Applicant details 3. Description of existing fences 4. Description of new fences to be erected 5. Please provide a sketch plan in support of your application 6. Consent for Application granted by TA 7. Application ratified by the CLB This structure allows a better overview of the information and guides the applicant when filling out the application. Amendment D2: What type of land right do you want to fence? -16-

23 The new application form provides boxes which can be ticked in order to indicate the type of land right the application for a fence refers to. Amendment D3: Description of existing and new fences The application form requires the applicant to indicate which fences already exist on his parcel and which ones he/she wants to retain. In addition, he/she is asked to indicate which new fences he wants to erect. The applicant will have to fill in information such as the location of the fence and the correspondence of the fence to parcel boundaries. A section to provide a sketch plan has also been added. Appendix 1: Additional Spouses and Dependants Appendix 1 has been created for adding detailed information on further spouses and dependants which will be helpful in case of inheritance. It can be used as an appendix to all applications. Appendix 2: Additional Holder(s) of Land Rights with Respect to the Communal Land Applied for Appendix 2 has been created in order to allow sufficient space for entering information about rights that other people hold to the land parcel that is applied for without overloading the main application forms. It can be used as appendix for applications for customary land rights, leasehold land rights and transfer of land rights. Appendix 3: Already Registered Land Rights of the Applicant Appendix 3 will be filled out if the applicant holds any other rights to land which are already registered e.g. customary, leasehold. Apart from indicating which application the appendix refers to, the form allows for entering the applicant s details as well as details of the additional land right(s) of the applicant. The new application forms are presented in the next sections. -17-

24 FORM A APPLICATION FORM FOR LAND RIGHTS IN COMMUNAL AREAS REFERRED TO IN SECTION 22, 28, 44 and 45 OF THE COMMUNAL LAND REFORM ACT. Regulation 2, 7, 24 3 Customary land right To: The Chief (for new customary land right) Traditional Community of Region OR The Chairperson (for existing customary land right) Communal Land Board of Region 1. Application for: New Customary Land Rights (allocated on or after 1 st of March 2003) Existing Customary Land Rights (allocated before 1 st of March 2003) 2. Applicant Details: First Names: Surname: Identity Number (or date of birth): Sex: Female Male Nationality: Family Status: Single Married Widowed Divorced If applying jointly, please state the name of wife / husband: First Names: Surname: Identity Number (or date of birth): Nationality: Please provide a certified copy of an identity document and marriage certificate (if applicable). If further wives and dependants should be added please fill out Appendix Address and Contact Details of Applicant: Village / Town: Constituency: 3 Separate application forms must be completed for land parcels situated in different geographical areas -18-

25 Region: Cell Phone Number: Other Contact Details: Postal Address of Applicant: 4. Description of Land Rights and Land Parcel: Constituency: Traditional Village: Traditional Authority allocating the Rights: Traditional Administrative Area / District: Land Use applied for: Residential Crop Farming Both Current Use: Residential Crop Farming Both Others: Does any other person hold any land right in respect of the portion of land? No Yes If yes, please fill out Appendix 2 5. Fences If there are existing fences, does the applicant want to retain the whole or any part of the fence? No Yes Does the applicant want to erect new fences? No Yes If yes, please fill out Form D (not applicable for fences around homesteads, cattle pens, water troughs or crop fields 4 ). 6. Additional Land Rights Does the applicant or the spouse(s) hold any other portion of land granted under the Act 5 (registered) or do the applicant or the spouse(s) occupy any communal land under a right referred to in section 28 (1) of the Act (not registered)? No Yes If yes, please fill out Appendix 3. The fee, namely N$..., has been paid, for which receipt No... dated... was issued. Please attach original deposit slip or statement. 4 According to Regulations made in Terms of the Communal Land Reform Act, 2002, Section 27 (3). 5 Communal Land Reform Act -19-

26 I hereby declare that the information submitted in this Form is true and correct. Signature of the Applicant Date and Location Signature of the Spouse Date and Location 7. Consent for Application granted by the Traditional Authority Name of TA representative: ID Number: Date: 8. Application Ratified by the Communal Land Board Name of CLB representative: ID Number: Designation: Date ratified and stamp: -20-

27 FORM B APPLICATION FORM FOR LAND RIGHTS IN COMMUNAL AREAS REFERRED TO IN SECTION 30, 31, 35, 44 and 45 OF THE COMMUNAL LAND REFORM ACT. Regulation 11, 12, 17, 24 6 To: OR The Chairperson Communal Land Board of Region Leasehold land right The Minister of Lands and Resettlement (for leasehold for agricultural purposes outside a designated area) Private Bag Windhoek 1. Application for: New Leasehold Land Rights in Communal Land Transformation of Permission to Occupy (PTO) into Leasehold Land Right Please attach the original PTO Certificate 2. Applicant Details: First Names: Surname: Identity Number (or date of birth): Sex: Female Male Nationality: Family Status: Single Married Widowed Divorced Organisation Name/ Company Registration Number: (attach proof) If applying jointly, please state the name of wife / husband: First Names: Surname: Identity Number (or date of birth): Nationality: 6 Separate application forms must be completed for land parcels situated in different geographical areas -21-

28 Please provide a certified copy of an identity document and marriage certificate (if applicable). If further wives and dependants should be added please fill out Appendix Address and Contact Details of Applicant: Village / Town: Constituency: Region: Cell Phone Number: Other Contact Details: Postal Address: 4. Description of Land Rights and Land Parcel: Constituency: Traditional Village: Traditional Authority where land is located: Traditional Administrative Area / District: Land Use applied for: Agricultural Tourism Other Current Land Use: Located in Designated Area 7 : No Yes Intended Time Period of Leasehold: (attach business plan 8 ) if applicable Does any other person hold any land right in respect of the portion of land? No Yes If yes, please fill out Appendix 2 5. Fences If there are existing fences, does the applicant want to retain the whole or any part of the fence? No Yes Does the applicant want to erect new fences? No Yes If yes, please fill out Form D (not applicable for fences around homesteads, cattle pens, water troughs or crop fields 9 ). 7 Designated Area as contemplated in section 30(2) of the Communal Land Reform Act, New Regulation that lists business activities for which a business plan is required to be developed and included into the CLRA 9 According to Regulations made in Terms of the Communal Land Reform Act, 2002, Section 27 (3). -22-

29 6. Additional Land Rights Does the applicant or the spouse(s) hold any other portion of land granted under the Act 10 (registered) or do the applicant or the spouse(s) occupy any communal land under a right referred to in section 28 (1) of the Act (not registered)? No Yes If yes, please fill out Appendix Other Land Uses: Is the respective Land Parcel located in a: a.) Conservancy 11? No Yes Name: b.) Community Forest 12? No Yes Name: If yes, please attach letter of consent from respective conservancy and / or community forest (not required for cucca shops) I hereby declare that the information submitted in this Form is true and correct. The fee, namely N$..., has been paid and the bank deposit slip or statement dated. is attached. Please attach original deposit slip or statement. Signature of the Applicant Date and Location Signature of the Spouse Date and Location 8. Consent for Application granted by the Traditional Authority Name of TA representative: ID Number: Date: 10 Communal Land Reform Act 11 Conservancy, in terms of section 24A of the Nature Conservation ordinance, Community Forest, in terms of section 15 of the Forest Act,

30 9. Application Ratified by the Communal Land Board Name of CLB representative: ID Number: Designation: Date ratified and stamp: -24-

31 FORM C APPLICATION FORM FOR LAND RIGHTS IN COMMUNAL AREAS REFERRED TO IN SECTION 45, READ WITH SECTION 38 AND REGULATION Transfer of Land Rights in Communal Areas To: OR The Chief (for customary land right) Traditional Community of Region The Chairperson (for right of leasehold) Communal Land Board of Region 1. Application for transfer of Concerning: Customary Land Rights Leasehold Land Rights Current UPI: the entire land parcel only a portion of land parcel Please describe the portion of land which is to be transferred (e.g. location, approximate size, boundaries etc.): 2. Details of Transferor: First Names: Surname: Identity Number (or date of birth): Sex: Female Male Organisation Name/ Company Registration Number (attach proof): 13 Separate application forms must be completed for land parcels situated in different geographical areas -25-

32 Nationality: Family Status: Single Married Widowed Divorced If owned jointly, please state the name of wife / husband: First Names: Surname: Identity Number (or date of birth): Nationality Please provide a certified copy of an identity document and marriage certificate (if applicable). If further wives and dependants should be added please fill out Appendix Reason(s) for transfer Briefly state reason(s) for transfer 4. Details of Transferee: First Names: Surname: Identity Number (or date of birth): Sex: Female Male Organisation Name/ Company Registration Number (attach proof): Nationality: Family Status: Single Married Widowed Divorced If applying jointly, please state the name of wife / husband: First Names: Surname: Identity Number (or date of birth): Nationality: Please provide a certified copy of an identity document and marriage certificate (if applicable). If further wives and dependants should be added please fill out Appendix Address and Contact Details of Transferee: Village / Town: Constituency: Region: Cell Phone Number: Other Contact Details: Postal Address of Transferee: 6. Additional Land Rights by Transferee -26-

33 Does the transferee or the spouse(s) hold any other portion of land granted under the Act 14 (registered) or do the transferee or the spouse(s) occupy any communal land under a right referred to in section 28 (1) of the Act (not registered)? No Yes If yes, please fill out Appendix 3. I hereby declare that the information submitted in this Form is true and correct. The fee, namely N$..., has been paid and the bank deposit slip* / statement* / receipt No*.. dated. is attached (*delete whichever is inapplicable). Please attach original deposit slip or statement. Signature of Transferor Date and Location Signature of the Transferor s spouse Date and Location Signature of Transferee Date and Location Signature of the Transferee s spouse Date and Location 7. Consent for Application granted by the Traditional Authority Name of TA representative: ID Number: Date: 14 Communal Land Reform Act -27-

34 8. Application Ratified by the Communal Land Board Name of CLB representative: ID Number: Designation: Date ratified and stamp: -28-

35 FORM D APPLICATION FORM FOR FENCING IN COMMUNAL AREAS REFERRED TO IN SECTION 44, READ WITH SECTION 45 AND REGULATION Fences in Communal Areas (Not required for fences around homesteads, cattle pens, water troughs or crop fields 16 ) The Chief Traditional Community of Region OR The Chairperson Communal Land Board of Region 1. What type of land right do you want to fence? Fence: Customary land right Leasehold New fence Existing fence 2. Applicant Details: First Names: Surname: Identity Number (or Date of Birth): Sex: Female Male Organisation Name/ Company Registration Number (attach proof): Nationality: Family Status: Single Married Widowed Divorced Certificate Number of Land Right (if already obtained): If applying jointly, please state the name of wife / husband: 15 Separate application forms must be completed for land parcels situated in different geographical areas 16 According to Regulations made in Terms of the Communal Land Reform Act, 2002, Section 27 (3). -29-

36 First Names: Surname: Identity Number (or date of birth): Nationality: Please provide a certified copy of an identity document and marriage certificate (if applicable). If further wives should be added please fill out Appendix Address and Contact Details of Applicant: Village / Town: Constituency: Region: Cell Phone Number: Other Contact Details: Postal Address: 4. Is the portion of land situated within an area which has been declared a conservancy in terms of the Nature Conservation Ordinance 1975? No Yes If the answer to the above is yes, please provide the name of the conservancy: 5. Description of Existing Fences (e.g. location, correspondence with parcel boundaries etc.):also show on sketch plan below, where possible Please describe which fences will be retained: 6. Description of new fences to be erected (e.g. location, correspondence with parcel boundaries etc.): also show on sketch plan below, where possible 7. Please provide a sketch plan in support of your application. -30-

37 Sketch plan I hereby declare that the information submitted in this Form is true and correct. The fee concerned, namely N$..., has been paid, for which receipt No... dated... was issued. Please attach original deposit slip or statement. Signature of the Applicant Date and Location Signature of the Spouse Date and Location -31-

38 8. Consent for Application granted by the Traditional Authority Name of TA representative: ID Number: Date: 9. Application Ratified by the Communal Land Board Name of CLB representative: ID Number: Designation: Date ratified and stamp: -32-

39 Appendix 1: Additional Spouses and Dependants 1. Concerns application for: Customary Land Rights Transfer of Customary Land Rights Leasehold Land Rights Transfer of Leasehold Land Rights 2. Applicant Details: First Names: Surname: Identity Number (or date of birth): Sex: Male Female Organisation Name/ Company Registration Number (attach proof): Nationality: Family Status: Single Married Widowed Divorced If applying jointly, please state the name of wife / husband: First Names: Surname: Identity Number (or date of birth): Nationality: 3. Details of Additional wives of applicant (please provide marriage certificates if applicable) NO FIRST NAMES SURNAME IDENTITY NUMBER (DATE OF BIRTH) NATIONALITY 4. Details of Dependants of Applicants -33-

40 NO SURNAME FIRST NAMES IDENTITY NUMBER (DATE OF BIRTH) SEX FAMILY STATUS I hereby declare that the information submitted in this Form is true and correct. Signature of the Applicant Date and Location Signature of the Spouse Date and Location -34-

41 Appendix 2: Applied for Additional Holder(s) of Land Rights with Respect to the Communal Land Please fill out one form per person concerned 1. Concerns Application for: Customary Land Rights Transfer of Customary Land Rights Leasehold Land Rights Transfer of Leasehold Land Rights 2. Applicant Details: First Names: Surname: Identity Number (or date of birth): Sex: Female Male Organisation Name/ Company Registration Number (attach proof): Nationality: Family Status: Single Married Widowed Divorced If applying jointly, please state the name of wife / husband: First Names: Surname: Identity Number (or date of birth): Nationality: 3. Details of additional Right Holder First Names: Surname: Identity Number (or date of birth): Sex: Female Male Organisation Name/ Company Registration Number (attach proof): Nationality: Family Status: Single Married Widowed Divorced Village / Town: Constituency: Region: Cell Phone Number: Other Contact Details: Postal Address of Right holder: -35-

42 4. Details of Land Rights held by Additional Right Holder (a) What kinds of Land Rights are held? (b) Has the holder agreed to relinquish his or her right in respect of the portion of land? No Yes If yes, please attach any relevant documentation (c) Is any compensation payable in this regard? No Yes (d) Have suitable arrangements been made for the resettlement of the holder on alternative land? Not applicable No Yes If yes, please attach any relevant documentation 5. Short description of the attached documentary evidence in support of the applicant s claim (Please attach any relevant documentation) a.) b.) c.) I hereby declare that the information submitted in this Form is true and correct. Signature of the Applicant Date and Location Signature of the Spouse Date and Location -36-

43 Appendix 3: Already Registered Land Rights of the Applicant Please provide one form for each additional Land Right 1. Concerns Application for: Customary Land Rights Transfer of Customary Land Rights Leasehold Land Rights Transfer of Leasehold Land Rights 2. Applicant Details: First Names: Surname: Identity Number (or date of birth): Sex: Female Male Organisation Name/ Company Registration Number (attach proof): Nationality: Family Status: Single Married Widowed Divorced If applying jointly, please state the name of wife / husband: First Names: Surname: Identity Number (or date of birth): Nationality: 3. Details of Additional land rights and their use Who holds the Land Right? Applicant Spouse (Approximate) size of land: Region: Constituency: Traditional Village: Traditional Authority allocating the Rights: Traditional Administrative Area / District: Land Use: Nature of the Land Rights: (e.g. customary / leasehold /other) Please attach any relevant documentation I hereby declare that the information submitted in this form is true and correct. -37-

44 Signature of the Applicant Date and Location Signature of the Spouse Date and Location -38-

45 6. POST FIE LD ACTIVITIE S This section of the POS focuses on the review of procedural issues related to selected post field activities namely: land record keeping systems at local level (i.e. village 17 ), safe and secure maintenance and storage of hard and soft copies of forms, maps, certificates and leases in MLR or CLB premises or elsewhere, procedures by which complaints about illegal land acquisition and fencing can be reported and resolved by appropriate authorities, improvement to the NCLAS, the establishment of investigation committees, refinement of the data structure, specifications and data exchange formats, refinement of the specifications for the establishment of a cadastral base map for the NCAs, recommendations on how spatial information regarding leases and verified rights can be stored in a spatial database or Geographical Information System, and the development of a template for the letter to the Minister for parcels above 20ha. The issues raised above are important for a better CLR system because:- A. Keeping of land records at the TA/ village levels facilitates better local level administration of land. B. Maintenance and storage of land records at the MLR and CLB premises is critical for proper land administration. A well planned system for filing hard copy records and maintaining soft copies would contribute significantly to operational efficiency within the MLR. C. Disputes and complaints are common when land is registered. Procedures should be developed to handle such complaints and land disputes D. The NCLAS system has been used since several years by the MLR and has been recognized as a valuable tool to facilitate the creation of land certificates. Its continued improvement is therefore vital. E. Investigation committees assist CLBs to resolve disputes. Thus, their establishment and operationalization is important for a better land registration system. F. A specification of data structures and data exchange formats is important for facilitating data sharing internally (within MLR) as well as externally (with key external stakeholders). G. The development of specifications for the establishment of a cadastral base map for the NCAs is an important step that contributes towards the development and production of village and commonage maps. H. The storage of spatial information regarding leases and verified rights in a spatial database or Geographical Information System facilitates organized land information maintenance, retrieval and sharing. I. There is a limit imposed on the size of land parcels that customary land right applicants can hold. Many applications however exceed this limit. Applicants have the option to motivate 17 village is also used here to represent communal land areas where villages do not necessarily exist e.g. in some parts of Caprivi -39-

46 to the Minister if there are good reasons for keeping the parcel as is. Most applicants often face great difficulties in writing such a motivation. Such unsolved cases thus often end up piling up in the MLR regional offices as the applicants do not come forth with a motivation letter. The development of a template for the letter to the Minister is aimed to assist applicants to motivate for their parcels easily thereby facilitating faster processing of applications. For each issue raised above, the main problems or gaps identified in the current situation are highlighted first. Recommendations for improvement are then presented. 6.1 Protocol for land record keeping at local 18 level Problems identified There is a general lack of information at local area level on who has applied for land or received certificates and who has not. Some TAs, for example Ondonga, maintain lists of applicants but the majority of TAs rarely document anything. Without adequate record keeping, the administration of land at TA and village (or communal area) levels is compromised Methodology Focused group discussions were held with village secretaries in one of the CLS training events. Further interviews were conducted with TAs in Uukwaluudhi and Uukwambi (see Annex B for list of persons consulted) Recommendations Introduce a local level land register A land register (table 2) should be introduced to document land rights and their holders at the TA/village levels. For every customary land right application received by the TA or lower levels or leasehold consented to, the following details will be recorded in the land registers, village by village; surname and first names of applicant, ID number (or date of birth), type of application, date of application and signature 19, date certificate received and signature 20, details checked and confirmed by TA. For customary land right applications, entries will be recorded into the registers at two key stages: (1) submission of application to the TA, and (2) handing over of certificate to applicant. To facilitate easier use and understanding by TAs, the register will be translated into vernacular languages. The sections below provide further explanation on the details of each column of the village land register. Entry number: This represents a unique number for each new entry into the village land register. Entry numbers are allocated in increasing order starting from 1. The last entry 18 The local level ideally refers to the village level 19 Does not apply for leaseholds 20 Also does not apply for leasehold -40-

47 number in the register gives an indication of the total number of applications received at any given moment. Entry numbers can also be written on the receipt for cross referencing and easier application follow up, after submission. *Couples applying jointly for a land right shall be entered under the same entry number. UPI: Refers to the UPI of the parcel as indicated on the village map. Surname: This refers to the surname of the applicant as it appears on their identity document. First names: Refers to the first name(s) of the applicant as it appears on their identity document ID Number/ Date of birth: Refers to the identity number of the applicant (s) or where this is not available, their date of birth. Type of land right applied for: This field will specify the type of application, whether first time application for a customary right, transfer or fence. Consent for leaseholds will only be noted in the register as TAs do not currently receive such applications. Date of application and signature: This column captures the date when the application was submitted to the TA and the applicant signs to confirm that such application has indeed been handed over. This helps to keep track of what has been received at the TA and village levels. Date certificate received and signature: This field shall be completed by the applicant and signed for when they collect their certificate from the TA. Details checked and confirmed by TA: This column is included as a quality check by the TA. When accepting a form, TAs (or their secretaries) are expected to check through the application using the quality checklist proposed in section step 1 for TAs, before signing on the top part. Similarly, when handing over the certificates, the TAs are expected to check the certificate with the applicant as indicated in section step 5 and sign on the bottom part to confirm both delivery and correctness of the certificate information. Comments: This field is reserved for any comments worth noting, such as the history (previous owners) of the parcel Using the land register The land register shall be used together with the village map(s) (also suggested in the Data Collection Plan, section 4.2) where each land parcel will be marked. Together, the register and map will provide a full picture of who owns what and where at the localized level. New allocations can be sketched on the village maps by the TA and then noted onto village land registers before applications are dispatched to the local MLR offices. 6.2 Protocol for safe and secure maintenance and storage of hard and soft copies of forms, maps, certificates and leases in MLR and CLB premises Problems identified Application forms are received regularly by the MLR regions from TAs. Due to lack of systematic filing and storage systems, records often get misplaced, lost or simply cannot be tracked. -41-

48 6.2.2 Methodology Interviews were conducted with MLR regional teams in the North North West and site visits were taken to 3 MLR regional offices. A focus group discussion was also held, in Oshakati, with registration team members from different MLR regions on this issue. Observations were also done Recommendations Enforce filing system recommended in the CLB manual for Communal Land Boards The CLB manual (2006) recommends a five (5) compartment filing system for CLBs which comprise; holding files, permanent files, disputes, appeals and administration files. This system is not being fully implemented in most MLR regional offices at the moment. In addition to enforcing the recommended filing system, the following refinements are also suggested:- Where the volume of applications are huge, applications can be filed within holding and permanent filing compartments according to TAs and village. Where villages are too big, sub sections of the village can be created and marked according to UPI, for example a village OMSHAKALA with 200 parcels may be split into OMSHAKALA 1 (with UPI 1-100) and OMSHAKALA 2 (with UPI ). Within a village, application forms shall be sorted further in ascending order of the UPI. A copy of the (signed) certificate shall be attached to and filed together with an approved application form. Cross referencing: To maintain clear linkage between application forms and the orthophotos (were the land right is marked), tile number (s) shall be added onto the application forms Introduce protocol for the safe and secure maintenance and storage of soft copies at MLR A simple hierarchical structure for data security and storage is proposed for the NCLAS system. Backup strategies based on external hard-disks or different computer systems are often not efficient, and prone to error and data duplication problems. Therefore, access to Internet is considered crucial for defining a simple secure storage environment. NCLAS data is relatively small in size (except for the ortho-photos) which makes the design of an Internet based storage system feasible between the regional offices and the central office. The regional office will store a copy of the regional data, preferably in a secured environment, but master copies will be stored at the central level. When changes occur in the database, incremental uploads to the central level via Internet (or alternatively via high-capacity USB sticks) will be done. This can be a function of the NCLAS where it communicates with NCLAS- Web to keep the central database up-to-date. -42-

49 Entry Number Village 21 Name:... situated in TA District of... Name of Traditional Authority... Surname First Names ID Number/ (or Date of Birth) Type of Application UPI Date of Application and Signature Date Certificate received and Signature Details checked and confirmed by TA on Application: Comments on Certificate: on Application: on Certificate: on Application: on Certificate: on Application: on Certificate: on Application: on Certificate: on Application: on Certificate: on Application: on Certificate: on Application: on Certificate: on Application: on Certificate: Table 2: Key fields of the village land register. 21 Also refers to local level -43-

50 The table below illustrates the possible flow of the local office to the central level. Table 3 Data security at three levels Level Storage Solution 1 Local (field work) External hard disk backup operator is responsible to manage his data Regular Insertion 2 Regional (Regional offices) RAID 0 Hard disk system in a protected environment Regional officer oversees data storage Regular Insertion 3 National Spatial database server (NCLAS-Web) All data migration to a higher level will need to pass data quality checks through a well defined procedure, to avoid bulk data copying resulting in various versions of the same data files being stored. There will be a control mechanism at regional level to ensure that data are compatible, complete and of minimal standard, before they are sent to the central database. Metadata will always need to be added from level 2 onwards. At all levels of this tree, the NCLAS application will be used for the management of the data in a local environment; only at the central third level, data will be inserted into a relational spatial database server for making the data available over the NCLAS-Web application. Backups of this data will be carried out automatically using standard functionality of the RDBMS. 6.3 Improvement plan for the Namibia Communal Land Administration System Problems identified The NCLAS has a number of shortcomings, amongst these; limited data analysis, lack of concurrent access of data and lack of functionality to generate certificate numbers automatically. In addition, a feasible improvement plan of the NCLAS should include options to unify the separated regional databases and an integration plan of the NCLAS with other land information systems in the MLR. -44-

51 6.3.2 Methodology For the NCLAS improvement, interviews were held first with key land information management persons in the MLR s ICT unit, Deeds office and Surveys and Mapping (see work plan annex A). A draft document was developed and circulated. A workshop (see Annex C for list of participants) was then held to refine the suggestions proposed in the first draft and build a shared improvement roadmap for the NCLAS Recommendations In this POS, recommendations are developed for improving the NCLAS itself. Suggestions on the linking of regional databases and integration with other LI systems, while acknowledged, are only briefly highlighted Document major shortcomings of the NCLAS and propose solutions This section examines the current state of the Namibia Communal Land Administration System (NCLAS) and proposes a roadmap for its improvement and for becoming a more complete Land Information System (LIS). This LIS is an extension of NCLAS with additional functionality for the management of land information, besides supporting the data collection. Such communal LIS will be indispensible for managing changes in land rights that might result from new applications, subdivision, transfer, sublease, and inheritance. The LIS will also facilitate data sharing at central, regional and local level to ensure that all units have access to the same registration data. At this moment NCLAS is a simple, straightforward, and user friendly tool to assist the capture of the registration information into digital format. NCLAS was developed in 2007 and is still regularly updated. The software tool is composed of a Microsoft Access database for the alphanumerical data and ArcGIS Geo-database for the spatial data. After the data capture, the alphanumeric data is linked with the spatial data for the automatic generation of certificates. An extensive amount of documentation 22 is already available (theoretical framework, tutorials, training material, sample data sets, etc ) and the reader is referred to this documentation for further details on the NCLAS as it is now. The NCLAS system has been used since 2007 by the Ministry staff and has been recognized as a valuable tool to facilitate the creation of land certificates. However, there are a number of methodological and technical shortcomings of the NCLAS system that have been mentioned during various discussions with these users and other stakeholders. The table below lists the issues and proposes solutions. For each issue, a rating (from 1 to 10) is given for urgency, importance and effort, which will be fully documented in the design document for the NCLAS update. 22 MLR/RPRP (2008) Implementation of the NCLAS-databases. Workshop Manual. MLR/RPRP (2008) Registration of Customary Land Rights with Aerial Photos in Communal Areas of Namibia. Olukonda. -45-

52 Issue 1. Changes in the application form are required but these change the database structure as well.( E.g. Marital status, Type of marriage required in the certificate form, company, person groups etc) 2. Support in the database for parcel transfer and the related history of the parcel is available but not operational through an easy-to-use interface. Should support transfer with (a) portioning the parcel; (b) joining parcels and (c) expanding the parcel. Support will be required for both the spatial data and the attributes. 3. It must be investigated if particular issues related to geographic entities and dependence on traditional authorities need to be supported by the database and the system itself. For instance, TA s can overlap or a person can depend on a TA in another location. Other scenarios will also exist. Proposed solution Urgency (10); Importance (10); Effort (1). Lookup tables or lists of possible selections (also called domains) may be adopted/created for such changes. However, every attribute added into NCLAS must be updated regularly. NCLAS is currently not designed to accommodate changes in marital status or dependents. Thus, over time these attributes are likely to be outdated and unreliable. The same applies for dependents. A land information management system is required for managing such changes. Database structure changes together with forms. Urgency (10); Importance (10); Effort (10). Coordination with other key directorates within MLR is important as this aspect relates to interoperability. Decisions must not only be based on traditional norms of Northern regions, but also the other regions. More research is required. Urgency (10); Importance (5); Effort (1) In such cases, TA control is often about people (subjects) first and then land. Such cases will be coded in NCLAS using a double coding system that supports the different systems. 4. Topographic data in digital format is currently not in the system Data on conservation area plans, land use plans, military areas, protected areas, farmlands, Urgency (10); Importance (10); Effort (10) Availability and quality of topographic data has limitations on verification processes. It is essential to identify the -46-

53 mines, roads and road buffer etc would enhance and facilitate the certification process. (Eg. To ensure that no parcel is within a military facility etc..) custodians of key spatial data critical for verification. Within the Spatial Data Infrastructure (SDI) initiative, it must be clear; who is responsible for what, what quality and format (s) will be provided for data sets, what metadata would be captured, restrictions on data and data publishing issues. At the NCLAS workshop it was agreed that Survey and Mapping will be responsible for data requests in the interim. 5. NCLAS and the whole data collection process needs to include internal quality control (IQC) procedures. 6. Verify the technical compatibility of NCLAS with the other land tenure related systems in Namibia in particular CDRS in the Deeds office and LIS in Surveyor- General s Office. Since the design of NCLAS was based on the system implemented at the Deeds office, there should be no problem merging the systems as long as identifiers for Parcel and Owner (legal entity) are unique and uniform over all systems. In case the format of the UPI would be changed at a later stage, it would be relatively simple to update the NCLAS UPI Urgency (10); Importance (10); Effort (10) Quality control is essential in data collection and storage. Steps that are vulnerable to quality (in data collection and storage) should be identified. Quality control measures must be developed and enforced into data collection procedures in the field and data capture and storage processes in NCLAS. Chapter 6 covers more on quality control issues. Village maps are an important tool for final checks (and confirmation) and as a vehicle for registering changes. Urgency (5); Importance (10); Effort (10) UPIs have been developed across both communal and commercial land registration systems. Legal entity is however still unclear in CLRA. The technical compatibility of the NCLAS with other systems is also an SDI issue. Best operationalized in the medium to longer term. -47-

54 because it based on the smallest administrative unit in the rural areas (village) and can be converted to any other identifying system. 7. Filing system for the application forms. Urgency (10); Importance (10); Effort (10) Introduce some form of electronic document management system. Better done within a MLR wide context that includes Deeds office and Resettlement. Better placed in the medium term. 8. The Certificate number is composed manually (because the numbers are sequential according to approval by LB) 9. Recording and management of disputes in the database what happens when dispute is solved? Urgency (10); Importance (10); Effort (5) Develop functionality in NCLAS to generate certificate numbers- based on the numbers already available in the system. Not difficult to realize using standard database technology. Urgency (5); Importance (10); Effort (5) Disputes can be recorded in the database as a quality attribute of boundaries; e.g. vague, agreed, disputed. These can be changed when resolved. Medium term. 10. Registering commonage Urgency (10); Importance (10); Effort (10) Commonages should be registered as group interest. After mapping occurs, ideally what remains after complete demarcation of parcels/land right is commonage. The Policy Review document gives guidance on how commonage will be secured. 11. Long term support of the system by Ministry staff. Urgency (10); Importance (10); Effort (10) This issue must be investigated and formalized. MLR must assign key persons -48-

55 to manage different roles (functions) associated with land registration systems and data. Lower level responsibilities such as hardware and software support could be outsourced Develop improvement plan for the NCLAS It was decided that NCLAS will remain the main system for supporting the ongoing CLR and will also be part of the national LIS for communal land in the longer term. In the short term, improvement of the NCLAS system for increased efficiency of the CLR has the highest priority. Therefore, its development will be phased with immediate changes required for the CLR having the highest priority. In the long term, NCLAS will be the tool for the communal land parcel registration and for the management and maintenance at MLR as part of the national LIS. The NCLAS development will be carried out in the five steps outlined in the table below 23. Each step requires a number of changes and for each change, complexity, importance and urgency is provided. Step 1 : fixing problems which are currently encountered during data capture, conversion and generation of the certificates 1 Certificate number needs to be added manually, in function of the certification by the LB. Add functionality to generate certificate number on request (through a button). 2 Village Lookup lists needs to be completed manually for new villages. Easy, not very important. Add interface to add items to the lookup lists in the system. 3 Concurrent use of the system, Access and ArcGIS. Very urgent, and very important. Use the appropriate database technology to make concurrent access to the data possible. Assess if a flexible data merging tool would not be a preferred solution because most operators will be entering data on their local post. Entering spatial data by different users in the same database is always risky 23 Several of the modification will add complexity to the system (in particular the database structure and related interfaces) and the benefits of each modification versus the increased complexity will need to be further assessed. -49-

56 and in principle would require transaction management. 4 Symbology and styling of the certificate is not uniform. 5 The data entry form in NCLAS does not follow the flow of the (paper) application form for easy/quick bulk data entry. Very urgent, very important, lot of effort. Create standardized (and static unchangeable) cartographic elements (colors, line thickness, hash patterns etc) for uniform mapping in all regions (through templates and guidelines). Very urgent, very important, little effort. Generally, the application forms are entered by specialized data entry clerks who might not be involved in the registration process. This approach is recommended because it would add a layer of quality assurance (different personnel involved in data entry and supervision). After quality control, copy/move data into the proper Access database via an automated procedure. The two parallel databases (ArcGIS and Access) can continue co-exist. Very important and very urgent 6 Support all forms from the regulations. Provide data entry forms for all the forms from the regulations. For the disputes, very urgent and very important. 7 Management of lookup tables. Interfaces for adding new villages to the village list (with appropriate attributes) and create other dynamic lookup tables (where necessary). If possible, tables will be copied from the Deeds database. 8 Carry out a number of automatic data integrity checks (checks can also be added during data entry). Very important. Add functionality to interfaces formatting of IDs, UPIs etc.. (see LIS DEEDS formatting for ID s) -50-

57 to find duplicate UPIs. to check existence of land rights on parcels. 9 System to merge data files from different operators/stations concurrent use of the database. Very important and very urgent. Functionality to send data from one operator to a (central) database file located on the server. Alternatively the central database is opened and a project is imported. The central database can be regional, national or any other grouping of separate databases as long as the UPI and Legal Entity are correctly formatted. 10 Spatial Functionality (data cleaning) is mainly provided via MxD files. Very urgent Move this functionality to a single VBA environment in an ArcGIS extension (VBA Ideally) to facilitate data entry, digitizing, generation certificate in a single integrated interface. This will also solve the compatibility issues of MxD files with other versions of ArcGIS. Compatibility issues between versions 9.x and 10.x will be solved. Not very urgent, important but serious effort required. Step 2 1 User authentication for logging in the NCLAS system (both ArcGIS and Access). 2 Add support to the database for parcel transfer and the related history of the parcel, including transfer with (a) portioning the parcel; (b) joining parcels and (c) expanding the parcel. Support will be required for both Login to NCLAS with different access levels (insert, modify, consultation) + user logging of modifications. Very urgent, very important and needs high effort too. Additional interface functionality required to introduce the data in the tables and interfaces for the management of the data. Very important and very urgent. -51-

58 the spatial data and the attributes. Step 3 1 Scan application forms and supporting documents. 2 Improve access to software for data entry and data management. Support for scanning application forms and other documents. It is preferred that the scans be stored in the database. Important, not urgent, lots of effort. Aim at a national based concurrent licensing system for the ArcGIS software. Very urgent and very important. Step 4 1 NCLAS as data management system (LIS) Add a module to use NCLAS as data management tool for data display and querying at central/decentralized and local levels. Provide flexible way to query database similar as Deeds CDRS (query person and visualize parcel and supported scanned documentation or vice versa). Useful for administrative purposes: application for a certificate in another region when the person has already a leasehold or customary right in third region. Support for basic statistical analysis on the database (total number of parcel by owner, average size of parcel by region etc ). Guarantee easy access to paper data from information system (scanned application form). Provide a low-cost solution with the CLR database to local authorities and TA based on Quantum GIS (free). This will potentially increase understanding of CLR, and facility record keeping. Study the feasibility to make the data available over the web for all interested stakeholders. -52-

59 Standardized reporting very urgent and very important. Web access desirable in the medium to longer term Unify the regional NCLAS databases It is important that the NCLAS is over the complete territory of the country where communal land occurs (north, north-west, north-east and central and south Namibia). During the various stakeholders meetings, it has been mentioned that the current data model is not fully compatible with the situation in the central region due to differences in the tribal or cultural setting. These differences will need to be taken into account if NCLAS becomes part of the national LIS. During the first development phase of the NCLAS update (outlined in the previous section) improvements will focus on the situation in the NCA but at the same time, a situation analysis in the other areas of the country will be carried out. This analysis will focus on the following issues: 1. Main differences related to the registration process itself because of differences in the tribal-social-cultural and environmental situation; 2. Possible incompatibilities in the current application and other forms (entries in the form not applicable outside NCA; entries not occurring outside NCA; entries which do not occur in NCA should be added on the form etc ) and the corresponding incompatibilities in the data model; Compatibility of the data selection lists etc. 3. Issues related to correspondence of spatial entities (non correspondence of village boundaries with TA boundaries, district boundaries) and their impact on the spatial database model. The results of this review will be analyzed and implemented during the step 3 or 4 of the update of NCLAS Plan for integrating the NCLAS with other land information systems Land information management in Namibia has evolved rapidly during the last five years. There are currently three information systems related to land management at MLR, each with different objectives and using different technology: 1. Computerised Deeds Registration System (CDRS) in the Deeds Office within MLR allows location-independent electronic information services for deeds management (as well as the restoration of sections of the paper archives). This application has no spatial interface and stores only attributes as well as scanned parcel layout plans. The -53-

60 technology is based on Oracle 11i in combination with a Delphi Pascal application for the interfacing. The application data can be consulted from anywhere with the correct credentials. 2. The LIS at the Surveyor-General s Office is an ArcCadastre application for spatial cadastral data management. The technology is based on ArcGIS 9.x, ArcCadastre 2.x, ArcSDE 9.x and Oracle 9i in a client/server environment. The application has a strong component for digitizing and presenting cadastral maps. 3. NCLAS is used for supporting communal land registration (, and includes a spatial and attribute component. Its main objectives are facilitating the land registration and the delivery of certificates for communal land. The technology is based on ArcGIS 9.x and Access 2003/2007 in a client environment only. While the three systems are hosted in the same Ministry, they all have a different approach and a different objective. However, all systems are based on the same basic data model representing the relation between parcel and rightful claimant as illustrated in figure 2 below. Object 1..* Right 1 has a right on 1..* Subject Figure 2: UML class diagram of the current cadastre. The model is based on three key entities: object, subject and right. A cadastral object is a parcel. Subjects are natural or non-natural persons with a right on a parcel. For every subjectobject relationship a right is registered in the communal registration system. An n:m relationship exists between objects and subjects via the right relationship: a subject can have a right related to more than one object (for example a person is owner of three parcels) and an object can have a relationship with more than one subject. Even if the three land information systems in Namibia share the same basic data model, their integration will be very difficult. Without data migration (from one system into the other), it will -54-

61 be impossible to integrate these information systems because of the different implementation of the data model and different technology used. Therefore, the systems can only be partially integrated in a single LIS by using a common identifier system for (1) parcels, (2) parcel owners and (3) deeds or certificates. This approach of common identifiers will allow to link parcels, persons and certificates in any of the systems through standard database queries. A standalone search interface could then return information on any parcel or person from any of the three systems. Once all systems are fully operational, their integration can then be further streamlined. 6.4 The refinement of the data structure, specifications and data exchange formats. Gap To enable wide scale data sharing within the MLR and with external stakeholders, the data structures and exchange formats of all national core data sets (such as NCLAS) must be formally established within an SDI framework. This has not been done. Methodology A review of the NCLAS data structures (both spatial and attribute), other Deeds and Surveyor General Systems and the spatial data infrastructure arrangement, as specified in the Statistics Act 2011, was carried out Recommendation MLR (as a leading data producer) and NCLAS (as a core data set in Namibia) should play a significant role in the implementation of the SDI in Namibia The Statistics Act of August 2011 defines the objectives of the National Spatial Data Infrastructure (NSDI). The NSDI is a relevant base collection of technologies, policies and institutional arrangements that facilitate the availability and access to spatial data. Core components include metadata, spatial data sets and spatial data services; network services and technologies; agreements on sharing, access and use; and coordination and monitoring mechanisms, processes and procedures. The most relevant aspect of the SDI is that it aims at promoting data access and sharing. MLR is a key geospatial data producer in Namibia and the NCLAS serves as a core national data set for communal land rights management in the country. Thus, both MLR and the NCLAS can play an active role in the Committee for Spatial Data during the implementation of the SDI in Namibia, in particular for the following components: facilitating data integration in support of spatial planning, socio-economic development and related activities. sharing and integration of spatial data; promoting the use of open source free software solutions, open standard spatial data formats and formats of the Open Geospatial Consortium; promote -55-

62 The open technology solutions for data exchange and data sharing, as proposed in section 6.5 below, provides the most flexible solution both from the users viewpoint (internal and external) as from their locations (local, central or anywhere else). It is recommended that this solution will be part of the NSDI. 6.5 Storage of spatial information regarding leases and verified rights in a spatial database or Geographical Information System Gaps To facilitate better communal land administration, information on leases and verified rights should be stored in widely accessible and sharable format. This is currently not in place. Methodology The review was based on a desktop study Recommendations Develop a web based centralized geo database server which serves as a master copy of the NCLAS Spatial information regarding leases and verified rights can be stored in a spatial database for management purposes. Leases and right are dynamic information and changes will be managed through the NCLAS software. However, the (local) geodatabases used by stand-alone applications in a client-server environment cannot offer the flexibility required for flexible and continuous access to the data from different locations. Effective sharing of dynamic spatial data can only be achieved through a web-based common platform (NCLAS-Web) which can be accessed by all interested parties, including the general public. Different access levels and roles will be defined for internal and external actors and stakeholders, to ensure data security and limit access to some of the sensitive or financial information that might be available in the system. The data will be stored in a central database server at MLR and a single web-interface will provide access to the required functionality. Different users will have different access level through the login and authentication protocols. This central repository will also serve as master copy of the NCLAS data for use by all actors involved in the system. In the regional offices of MLR, a computer connected to internet can be made available for the general public to access the data in the NCLAS. The data model will mirror the NCLAS database model with possible additions for linking with other land information systems in the country (CDRS, LIS ). The main functionality of the NCLAS-Web common platform includes data visualization in a map interface, consultations of details on leases and verified rights, reporting and exporting data extracts etc. depending on the user rights. -56-

63 The platform will also have a two- way access to the standalone NCLAS data which means that it can pull data from a stand-alone NCLAS system and can make data available in an NCLAS compatible format, for use in a regional office. Such system would provide the most flexible approach for managing a master copy of data. Similar solutions have been successful developed for complex spatial information systems in other countries based on the technical solutions presented in the table 4. Table 4 Data exchange platform Function Database Spataila Database Spatial Data Server Webserver Product PostgreSQL PostGIS MapSever / GeoServer / Deegree Apache All these products are free, open source and are considered enterprise ready. Alternatively, commercial technology can be used, but these do have a very high cost (ArcGIS Server). Implementation of the system would require a web and database server, a high-speed dedicated internet access and consultancy for designing and developing he system. It can be expected that the IT service at MLR would administer and manage the application. Of course such an implementation should be part of the wider activity e.g. the Namibian Spatial Data Infrastructure (SDI) described under the Statistics Act Refinement of the specifications for the establishment of a cadastral base map for the NCAs Gap Specifications for communal cadastral base maps have not been formally established. Methodology Consultations were held with key persons in MLR and DSM mapping section. A review of other works on communal cadastral base mapping e.g. in South Africa, was also done. This section provides details on the cartographic specifications for the communal land maps including contents, standard mapping symbols and cartographic specifications Develop communal land base map specifications Base maps locate the major physical features of the landscape such as roads, water features, elevation contours, fence lines, etc. Base maps can be in the form of vector line maps or -57-

64 photographic maps. Regardless of the form, these maps are usually created from aerial photographs through photogrammetry. The cadastral map should be viewed as on overlay to the base maps. The cadastral maps show the size and position of each parcel in relation to other properties: bodies of water, roads and other major geographic features. The communal land maps are produced at an appropriate scale and display all boundary lines, dimensions, or areas; identifying parcel numbers; and other pertinent legal and descriptive information. Considering the purpose of the communal land maps, the basic content of the map is very limited. The geographical dataset of the communal land map contains the following typical elements: Parcel boundaries for each parcel Parcel number Boundary features e.g. fences Distinction of all the administrative boundaries (country, zone, district,...) Location of control points, benchmarks with their numbers (if available) key topographic features Specifications for communal land base map Communal land maps should conform to the following standards for Symbology Map Layout (and map scale and map sheet) Map Index Standard cartographic symbology Standard procedures for the production and maintenance of cadastral maps will be developed to ensure that all maps are completed and maintained in a uniform manner. A procedural manual will be developed, including such items as compilation and drafting accuracy, control, boundaries, text sizes, symbols, scale, technical specifications, and maintenance procedures. The specifications for the establishment of a cadastral base map for the NCAs (using digital ortho-photographic imagery of high resolution) uses the styling guidelines which are in line with the symbols and styles used by the Namibian Mapping Directorate. The tables below present the cartographic specifications for boundaries (table 5), Land cover (table 6), Infrastructure elements (table 7) and Communication and Network elements (table 8). Table 5 lists all possible boundaries in the country but these will almost never appear within the same map. Selection of boundaries to appear will depend on the mapping theme. Table 5 Standard Symbols for Boundary features -58-

65 Boundary Symbol Line Width Color Pattern International 0.25 Black Dash-Dot-Dot Regional 0.25 Brown Dash-Dot Constitueny 0.15 Black Dash-Dot Townland 0.25 Pink Single Cadastral Area 0.15 Blue Single Conservation Area 0.25 Red Single National Park 0.25 Green Single Controlled/Restricted Area 0.40 Red Double Traditional Constituency 0.10 Black Dash-Dot Traditional Admin Area 0.10 Black Dash-Dot-Dot Traditional District 0.10 Black Dash-Dot-Dot-Dot Village 0.20 Black Dash-Dash-Dot Parcel 0.10 Black Dash Table 6 Standard Symbols for Land cover Landcover Symbol Color Pattern Perennial Water Blue None Non-perennial Water Light Blue None Marches, Swamps and Vleis Light Blue Dotted Dark Blue Dry Water Course Blue Dotted Gray Pan Light Brown Dotted Brown Gravel Plain Gray Dotted Dark Gray Rocky Area Gray Forward Diagonal Sand and Rocks Orange Dotted Blue Shifting Dunes Brown Excavation Brown Diagonal Dark Brown Bush and/or Forest Grassland Seasonally Flooded Grassland Mixed Farming Cultivated Fields Orchard or Vineyard Built-up Area Barren Area Recreation Area Cemetery Light Green Dotted Dark Green -59-

66 Table 7 Standard Symbols for Infrastructure elements Infrastructure Symbol Size Color Post Office, Police Station 0.4 Green Hotel, School 0.4 Green Clinic, Hospital, Health Centre 0.4 Red Lighthouse and Marine Light 0.4 Red Marine Beacon 0.4 Black Spring or Well 0.4 Red-Blue Borehole or Pump 0.4 Blue-Red Mine 0.4 Black Monument 0.4 Black Radio Mast 0.4 Pink Main Buildings 0.4 Red Group of huts 0.4 Black Table 8 Standard Symbols for Communication and Network Elements Communication and Networks Symbol Line Width Color Pattern Trunk Road (B) 0.40 Red Main Road (C) 0.20 Red District Road (D) 0.20 Dark Yellow Other Road 0.25 Light Gray Track or Footpath 0.15 Light Gray Dotted Railway 0.15 Black Power Line 0.10 Pink Pipeline 0.10 Light Blue Canal 0.25 Light Blue The manual will be continually maintained to reflect procedural changes and include any supporting data standards. -60-

67 Map Layout Throughout the finished maps, the layout (figure 3) should be standardized, containing a title block, revision block, legend, map key, north arrow and keys to adjoining maps. A title block identifies the map, the date it was prepared and the scale. A revision block is used to record any revisions made to the maps and the date of revision. Standardized map layouts are created for the different map scales and sheet sizes. Figure 3: Example of standardized map layout Index Map An index map (figure 4) should show the location and boundaries of the individual cadastral map sheets in relation to the major features within the jurisdiction, such as roads, railroads, streets, rivers, lakes and political boundaries -61-

68 Figure 4: Example Index Map 6.7 Procedures by which complaints about illegal land acquisition and fencing can be reported and can be resolved by appropriate authorities Problems identified There is lack of a clear agency that is mandated through the CLRA to implement the decisions of the Communal Land Boards or Land tribunals. The police often fail to act as they claim that they have no authority to implement such decisions. Related to the above, decisions of Land Boards or Appeal Tribunals can be disregarded by accused parties. The difficulty of enforcement in terms of the current CLRA legislation is that the Act or its regulations do not contain a section listing the specific enforcement powers of the Communal Land Boards or the Appeal Tribunals. Thus an argument can be made that CLBs and Appeal Tribunals do not have such enforcement powers i.e. if they were try to enforce a decision through the courts, the defendant would argue (most likely successfully) that CLBs and the Tribunals are creatures of statues (bodies created by law) and as such they only have the powers which were expressly given to them by the law Methodology Interviews were conducted with CLB secretaries in all regions (see list of consulted persons in Annex B) and individual land board members. A focus group discussion was held with Land Board members in Ohangwena. Interviews were also held with key experts. Legal opinion was also sought. -62-