LAND REFORM IN NAMIBIA. By Karim Owolabi & Harry Tjipueja Ministry of Lands, Resettlement & Rehabilitation Windhoek, Namibia

Similar documents
Is there an absolute right to private ownership of commercial land in Namibia?

DIRECTORATE DEEDS REGISTRATION SUB-SECTOR PROGRAMME. Title security of tenure to real property. Description

Definition and main objective

DEPARTMENT OF LAND AFFAIRS

Land Tenure and Land Administration Systems. Kent Elbow Land Tenure and Property Rights Issues and Best Practices Workshop 30 September 2014

LAND REFORM IN MALAWI

REPUBLIC OF SOUTH AFRICA

Latest on Land Reform

SCHOOL SECTOR PROGRAM (SSP) FRAMEWORK FOR LAND ACQUISITION THROUGH VOLUNTARY DONATION OR WILLING SELLER WILLING BUYER PROCESS

UNRA Connecting Uganda! LA - DRBD 1

ASSESSMENT OF CONSEQUENCES RESULTING FROM ABOLISHING THE OBSTACLES ON LAND TRANSACTIONS 1 SUMMARY

Minerals and Mining (Compensation And Resettlement) Regulations, 2012 (L.I. 2175)

Why Zimbabwe needs to maintain a multi-form land tenure system

land expropriation without compensation 16 May 2018

Land policies and land reforms in China: current situation and lessons to be learned for the future Dr. Michael Klaus

National Consultative Dialogue Workshop on Land Tenure and Land Policy in Zimbabwe

Developing Land Policy in a Post-Conflict Environment: The Case of Southern Sudan

SECTOR PUBLIC CADASTRES AND REGISTERS MARKET PARTICIPANTS

Click to edit Master title style

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$7.60 WINDHOEK - 13 June 2012 No Parliament Government Notice

TCP PROJECT AGREEMENT SUPPORT GOVERNMENT IN FORMULATION OF A NATIONAL AND GENDER SENSITIVE LAND POLICY GUIDED BY THE VGGT PRINCIPLES

Current Law Legislation for Land Consolidation in Turkey

OUTLINE OF PRESENTATION

Land tenure dilemmas: next steps for Zimbabwe

GLOBAL GEOSPATIAL MANAGEMENT INFORMATION

Legal Analysis of Memorandum of Understanding between the Government of Timor Leste and GTLeste Biotech. Legal issues concerning land and evictions

Leasehold as a Vehicle for Economic Development

Experiences with land consolidation and land banking in Slovenia since 1991

Presentation By Mr. Mduduzi Shabane

TERMS OF REFERENCE FOR CONSULTANCY SERVICES TO PREPARE PROJECT DOCUMENT FOR CADASTRAL MAPPING IN THE GAMBIA

FIG-WB Forum on Land Administration and reform in Sub-Sahara Africa

EMNAMBITHI/LADYSMITH MUNICIPALITY

D DAVID PUBLISHING. Mass Valuation and the Implementation Necessity of GIS (Geographic Information System) in Albania

Country presentation: Land consolidation in Denmark

National Land Use Policy

First Steps and Further Steps: Creation of Property Market Estonia Case Study

RURAL ECONOMY TRANSFORMATION MODEL

National Spatial Data Infrastructure development in Republic of Macedonia

EXHIBIT LIST No Exhibit Name Page 1 P7 Compensation Presentation.pdf (P7) 2-47

Public Disclosure Copy

The Multi-Purpose Information System of Real Estates in the Czech Republic. Vladimíra ŽUFANOVÁ, Czech Republic

International Land Management Symposium Hannover. Land rights and land valuation in Mongolia

POLICY BRIEF Leasehold as a Vehicle for Economic Development in Namibia

Addressing Land Sector Opportunities with Geospatial Information in Nepal

PRESENTATION TO THE 2004 ANNUAL MEETING OF FIG COMMISSION 7. Apie van den Berg and James Mudau SOUTH AFRICA SEPTEMBER 2004

Land Administration Developments in Rwanda

In light of this objective, Global Witness is providing feedback on key sections of the 6 th draft of the national land policy:

Our policy of providing clients a personal service has been rewarded by a wide and diverse client base with high-level repeat commissions.

MUNICIPAL SERVICES PROJECT LAND ACQUISITION FRAMEWORK

Real estate transactions in Hungary

Lease Extension Interested in extending your lease? We hope you find this guide useful in informing you of your options and how to go about it.

ABSTRACT Land Administration System in Lithuania

The management of state and public sector land

REPUBLIC OF BULGARIA LAND ADMINISTRATION REVIEW BACKGROUND INFORMATION

LAND ADMINISTRATION REFORM IN GHANA DR W.ODAME LARBI PROJECT DIRECTOR GHANA LAND ADMINISTRATION PROJECT

Securing Land Rights for Broadband Land Acquisition for Utilities in Sweden

The SADC Land and Agrarian Reform Initiative The case of Namibia. For Community Technology Development Trust African Institute of Agrarian Studies

Adopted by the State Duma on June 26, 2002 Endorsed by the Council of Federation on July 10, Chapter I. General Provisions

TIME IS NOW FOR SPATIAL AND LAND USE PLANNING AND RE-BUILDING THE LAND ADMINISTRATION SYSTEM IN ZIMBABWE

Republic of Bulgaria

2014 National Territorial and Regional Development Policy Course for Sustainable Development of the Three Emerging Countries.

Cadastre and the crowd: a brief encounter or a long-lasting marriage?

Expropriation. Recommended Policy Wordings (full): Lao National Land Policy. Context. Policy. Standard of Public Purpose

Paper number: PN-32 REFORMING LAND ADMINISTRATION IN LESOTHO: REBUILDING THE INSTITUTION. Sean JOHNSON and Motlotlo MATELA, Lesotho.

LAND ADMINISTRATION IN CANADA HISTORICAL WISDOM AND MODERN CHALLENGES IN QUEBEC LAND ADMINISTRATION: FROM PAPER CADASTRAL MAPS TO ON-LINE SERVICES

Land Administration System in Russian Federation

Australia no longer down under - Official German Surveying and Mapping - Cooperation between the public and the private sector - The German Way

Vietnam Land Administration - the Past, Recent and for the Future

Customary Land Tenure and Responsible Investment in Myanmar. Aung Kyaw Thein Land Core Group

Shared Objectives and Partnerships in land management and administration BURKINA FASO

C4: LAND ACQUISITION AND DISPOSAL

The Right to Urban Land

THE IMPORTANCE OF LAND TENURE TO POVERTY ERADICATION AND SUSTAINABLE DEVELOPMENT IN AFRICA: SUMMARY OF FINDINGS

THINK BIG do little. Start an avalanche

FRAMEWORK FOR LAND ACQUISITION THROUGH VOLUNTARY DONATIONS OR WILLING BUYER/WILLING SELLER PROCESSES

Resettlement Policy framework for the Albania s Improvement of the Management and Conditions of the Secondary and Local Roads Project

Government Gazette REPUBLIC OF SOUTH AFRICA

POLYTECHNIC OF NAMIBIA

FILE: EFFECTIVE DATE: May 15, 2013 AMENDMENT: 1

Towards Kenya s Profile of the Land Administration Domain Model

The Governance of Land Use

Croatian SDI: a Tool for Accelerated Development of the Geo-Conscious Society

THE TURKS & CAICOS ISLANDS

Building Integrated Land Information Systems and Development of NSDI

Quality Improvement of the Real Estate Cadastre in Serbia

Barbados. Land. Governance. Assessment A N A L Y S I S

REPUBLIC OF ALBANIA THE ASSEMBLY. LAW No. 9235, dated ON RESTITUTION AND COMPENSATION OF PROPERTY

Implementing Innovative Land Tenure Tools In East-Africa: SWOT-Analysis Of Land Governance

Creation Land Administration in Formal and Informal Environment. FIG Commission 7 Working Group 1

ROYAL GOVERNMENT OF CAMBODIA. Ministry of Land Management, Urban Planning and Construction

"Harmonising the Surveying Profession in the Eastern and Southern Africa Regions; Enhancing Practitioners Cooperation"

An Act respecting Municipalité de Sainte-Anne-de-Sorel

Afghanistan Independent Land Authority

Trinidad and Tobago Land Governance Assessment. Charisse Griffith-Charles

How Swaziland Is Upgrading Its Slums

Land Administration Infrastructures for Sustainable Development

PREPARATION FOR LAND CONSOLIDATION IN LITHUANIA. Vilma Daugaliene National Land Service under the Ministry of Agriculture

The Bathurst Declaration on Land Administration for Sustainable Development

The Danish Digital Cadastral Map A Tool for Land Management

Low Cost Cadastral Data Aquisition?

Transcription:

LAND REFORM IN NAMIBIA By Karim Owolabi & Harry Tjipueja Ministry of Lands, Resettlement & Rehabilitation Windhoek, Namibia

CONTENTS Introduction A Bit of History Land Tenure System in Namibia The Land Question in Namibia Legal Framework for Land Reform Process of Land Acquisition The Role of the Surveyor in Land Reform Concluding Remarks

INTRODUCTION

* Namibia is a vast country, covering 824,268 km 2 / 82 426 900 ha * total population is approximately 1,8 million people (2001 Census)

A BIT OF HISTORY 1884 beginning of formal colonial rule by Germany 1892 8 concession companies acquired rights to virtually all the land utilisedby pastoralist communities

. 1897 - the acquisition of land by settlers started in all earnest.. 1902 - By 1902 only 38% of the total land area remained in black hands.. 1904 Herero war against the Germans due to rapid loss of land. 1906-1907 Enactment of laws empowering the German colonial authorities to expropriate nearly all land of the Herero and Nama

1945 Takeover of the colony by the Union of South Africa and the continuation of the policy of establishment of white-owned farms 1952 process of white-owned farms concluded. Total number of farms = 5214. Tribal homelands established in arid areas. Today, Total Number of Commercial Farms >= 10 000

MAP OF ALL FARMS IN NAMIBIA

Size of Land by Type

Percent Size of Land by Type

Agriculturally Useable Land

Land Tenure System in Namibia Freehold (rural/commercial farming sector) freehold (urban) Customary land tenure (reserves/communal areas) Leasehold State land

THE LAND QUESTION IN NAMIBA At independence, Government was determined to address the imbalances of the past, and was guided by two important principles: the Constitution of the Republic of Namibia; and the policy of national reconciliation.

Article 16(1) of the Constitution stipulates All persons shall have the right in any part of Namibia to acquire, own and dispose of all forms of immovable and moveable property individually or in association with others and to bequeath their property to their heirs or legatees In Article 16(2) provision is made for the expropriation of property in the public interest subject to the payment of just compensation

There are three broad strategies in use to address the land question in Namibia: redistributiveland reform; the Affirmative Action Loan Scheme; and the development of unutilized non-title or communal land.

3.1 Redistributive Land Reform First and foremost, a National Conference on Land Reform was convened to address the Land Question in June/July 1991.

Legal Framework for Land Reform National Land Policy Agricultural (Commercial) Land Reform Act, 1995 (Act #6 of 1995) National Land-Use Policy Land Tax Regulations Resettlement Policy Communal Land Act, Etc.

Agricultural (Commercial) Land Purpose of the Act: Reform Act To provide for the acquisition of agricultural land by the State for the purposes of land reform and for the allocation of such land to Namibian citizens who do not own or otherwise have the use of any or of adequate agricultural land,.. LRAC Policy of willing buyer willing seller Preferent right to purchase agricultural land Land Tribunal

Process of Land Acquisition Offer of sale comes to the Ministry (preferent right) Assessment by Land Use Planners Accept or Reject Valuation by Valuer General LRAC Price Negotiation with Farmer Purchase Allotment Plans by Land Use Planners Subdivision Surveys Lease Agreement Registration Deeds Office Etc.

The Role of the Surveyor in Land Reform Build geo-spatial database of all farms Build attribute database (Deeds Office) Link into Cadastral Information System National Reference Geodetic Framework

Concluding Remarks 9 million ha of Agric Land would be required for the process (1999) So far, 113 farms bought so far amounting to 808 784 ha Willing seller willing buyer strategy not working as desired There is clamour among the general populace to expropriate farms with just compensation in order to speed up the process