Schlettwein sets record straight on foreign ownership of communal land

The current Land Bill, still to be tabled before parliament, is aimed at ensuring that foreigners are able to partner with Namibians to unleash the potential of communal areas. The proposed law will ensure the protection of citizens, investors and financiers in a lease environment. According to agriculture and land reform minister Calle Schlettwein, the bill is aimed at attracting banks to invest in the communal areas.He said this in a statement to the National Assembly to address misinformation and rumours around the ownership of communal land by foreign nationals in Namibia. Schlettwein said that no one, whether a Namibian or foreigner, can own land under a freehold title on communal land. However, towns and cities within communal land are demarcated, surveyed and do not, after proclamation, form part of communal land. “Freehold title and ownership in towns and cities is therefore allowed.”The rulesSchlettwein said green schemes, on the other hand, are also demarcated and surveyed portions of land which are proclaimed for agricultural purposes. They nevertheless still form part of communal land and therefore freehold title ownership is not possible. He pointed out that section 32 of the Land Bill restricts the acquisition of customary land rights by foreign nationals, who cannot enter into any agreement with a person who holds a customary land right without the prior written approval from the minister. He explained that section 102 of the bill prohibits the ownership of the agricultural (commercial) land by foreigners, which is not the case with the current Agricultural Commercial Land Reform Act. The minister further explained that although communal land cannot be owned through a freehold title in communal areas, there are different rights that can be granted for different land uses in Namibia. Different allocationsThese are the right of leaseholds, customary land rights and occupational land rights in case of institutions which offer public service.He outlined the process of land allocation in communal areas, which starts with the identification of a certain piece of land that can then only be processed further to a respective communal land board after the concerned traditional authority has recommended such user right and has given its consent to the respective land board. “The current arrangement in the Communal Land Reform Act under Section 31 is that any leasehold below 10 years with a land size below 100 hectares can be approved by a particular communal land board in the regions. However, leases which exceed 10 years and where the land size involved is above 100 hectares are recommended by the boards to the minister for approval.” Schlettwein however emphasised that it is not - and never has been - the practice of government to impose leaseholds and foreign investors upon local communities on communal land. In all cases, traditional authorities are the main drivers who exercise their power of primary land allocation, he said.Non-Namibians are allowed by law to lease land for investment purposes only for up to 25 years with an option to renew, further bearing in mind the social responsibility of such an investor to the community. 99-year lease prestige“A lease agreement as per our common law shall be for a period of 99 years, which is a maximum and a ceiling for a contractual agreement. However, every decision-making body - for example the communal land board and the minister - may arrive at a different lease period for different investment projects. “Therefore, one would need substantial business information to take a reasonable decision for a given lease period.” Schlettwein said in Namibia, it is only Namibians who enjoy the ‘prestige’ that comes with the 99-year lease, either to establish a crop field, a shop or a house in a communal area.“In Namibia’s communal areas, foreigners can only be issued to a beneficiary whose property has been demarcated, surveyed, valued and subsequently registered in instances at the deeds office if such a lease is above 10 years and in freehold areas.”He concluded by saying that the Land Bill will be tabled before parliament for debates and urged the public to follow these debates closely.

Schlettwein sets record straight on foreign ownership of communal land

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Namibian Sun 2025-03-03

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Schlettwein sets record straight on foreign ownership of communal land

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Namibian Sun 2025-03-03

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