Agenda Land governance challenges in Namibia: o Urban land - PDF document

8/29/19 Faculty of Natural Resources and Spatial Sciences Department of Land and Property Sciences Land Governance in Southern Africa NUST-NELGA Symposium, Windhoek, Namibia Ms. Stephnie de Villiers 3-4 September 2019 Land Governance Challenges in Namibia Faculty of Natural Resources and Spatial Sciences Department of Land and Property Sciences Agenda Land governance challenges in Namibia: o Urban land governance o Communal land governance o Freehold (Agricultural) land governance o Land valuation and taxation 2 1

8/29/19 Urban land governance • After Independence in 1990 o Lack of human capacity within local authority institutions caused disastrous planning and land supply system o Challenged planning control o Vast majority of middle and low-income people can neither afford purchasing urban land nor registration of rights in the Deeds Registry 3 Urban land governance Various plans and programmes have been established • • Informal settlements declared as a humanitarian crisis by the President in New Years speech 2019 • Hence, significant attention is paid to land and housing provision for low-income 4 2

8/29/19 Urban land governance • Challenges: Slow progress on programme implementation o Weak and poor programme management o Lack of available funding o Weak financial management o Not establishing baseline prior to programme o implementation Lack of Monitoring and Evaluation (M&E) o 5 Urban land governance Challenges: • Non-availability of serviced urban land o Outdated laws and regulations o Complex and lengthy procedures o Population and urbanisation forecast puts additional pressure o on weak and understaffed institutions Need to strengthen human capacity and budget allocation to o avoid disastrous development of informal settlements 6 3

8/29/19 Communal land governance • Between 2003 and 2018: 119,227 communal land rights registered (49%) • Some traditional authorities not recognising women’s land rights • Some traditional authorities reject registration of customary land rights 7 Communal land governance • High volume of land related disputes Between land holders, family members, traditional o authorities, local authorities Illegal fencing: limits access to grazing and water; collection of o firewood, veld food, etc. 8 4

8/29/19 Communal land governance • Emerging informal land market A consequence of legal prescriptions differing with • realities of monetised society • Fuelled by a need for development due to pressure on land and speculative motive by urban dwellers • Traditional authorities benefitting at the expense of local communities 9 Communal land governance Population increase causes need for infrastructure • development and direct investment • Puts pressure on communal land 10 5

8/29/19 Freehold (Agricultural) land governance • Continuing unequal distribution and ownership of land • Redistribution programmes progressing slowly o Previously advantaged owns 70% o Previously disadvantaged owns 16% o State owns 14% • Rights of resettled farmers not registered in Deeds Registry • Resettlement programme is creating class inequalities 11 Freehold (Agricultural) land governance Agricultural land reform high on political agenda • • Hampered by low financial allocation and high prices • Land tax implemented Loopholes in procedures, legislation and institutional o framework Cases launched to court on valuation rolls o 12 6

8/29/19 Freehold (Agricultural) land governance • Demand for recognition of ancestral land claims To bring justice regarding land dispossession during • colonial times • Calls for innovative approaches to resolve • Commission of Inquiry established in 2019 13 Freehold (Agricultural) land governance Farmworkers of freehold agricultural land remains a • serious challenge • Inhuman labour conditions and insecure land tenure • Legislative framework not catering for their rights In cases of change of ownership o In cases of eviction o 14 7

8/29/19 Land valuation and taxation • Acquisition of commercial agricultural land o State has right of first refusal in the willing seller/willing buyer programme o 549 farms acquired since Independence o Limited budget allocation o High farm prices 15 Land valuation and taxation No functioning regulatory body for property valuation • Inconsistent valuation practices due to unqualified o practicioners Or experienced practitioners using wrong methodologies o • Implications: Risk that financial decisions are based on incorrect valuations o Increased litigations due to erroneous tax assessments o 16 8

8/29/19 Land valuation and taxation • Law does not permit transferability of communal land rights • Hence, it therefore have minimal economic value and cannot be used as financial instrument with private banks • Concern that registration of communal land rights will ultimately leave rural and poor people in worse situation while enriching the elite 17 Land valuation and taxation Proclamation of new local authority areas and • expansion causes compensation cases • Current compensation approach is insufficient to reconstruct livelihoods • Rates are way below market rates: • Cultivated land: NAD 600 / USD 42 • Uncultivated land: NAD 250 / USD 17 18 9

8/29/19 13 Jackson Kaujeua Street T: +264 61 207 2684 Private Bag 13388 F: +264 61 207 9684 Windhoek E: sdevilliers@nust.na NAMIBIA W: www.nust.na Faculty of Natural Resources and Spatial Sciences Department of Land and Property Sciences Thank you for your attention! 10