Niël Terblanché
The minister of agriculture, water and land reform, Calle Schlettwein, has introduced the long-anticipated Land Bill that seeks to ban foreign nationals from acquiring communal and commercial land in Namibia.
Schlettwein tabled the bill last week saying it aims to address long-standing land ownership imbalances and streamline land administration in the country.
“Foreign nationals do not have any customs being practised in Namibia traditionally, hence this prohibition,” Schlettwein stated.
The bill proposes fines of up to N$50 000 or imprisonment for up to ten years for those who violate this provision.
Foreign investors would, however, be allowed to apply for leasehold rights to establish businesses that contribute to economic growth.
The bill consolidates the Agricultural (Commercial) Land Reform Act of 1995 and the Communal Land Reform Act of 2002, into a single Land Act.
According to Schlettwein, past legislative amendments had been made on a piecemeal basis, leading to inefficiencies.
“Various amendments were made to the legislation but on a piecemeal basis. The ministry therefore embarked on an extensive amendment process to review the legislations and consolidate the two Acts into one law,” he explained.
The bill also strengthens land dispute resolution mechanisms by expanding the Lands Tribunal to seven members, including specialists in customary law and property valuation.
“The Lands Tribunal is now extended to adjudicate land-related disputes emanating from both commercial and communal areas,” he said.
He added that previously, the Tribunal only handled disputes related to commercial land.
In addition, the bill establishes the Communal Land Development Fund, aimed at financing agricultural infrastructure, land valuation, and farming support for rural communities. It also retains the Land Acquisition and Development Fund to facilitate the acquisition of commercial farmland for resettlement.
The minister said that land taxation remains a key element, with provisions for a progressive land tax based on updated valuation rolls every five years.
Schlettwein declared that these measures are designed to promote equitable land use and discourage speculative ownership.
The bill also introduces provisions to fast-track land access for youth and women and address the plight of generational farmworkers, San communities, and people living in corridors.
“We will honour the commitment we have indicated in the above policy initiatives to enhance access to land or expedite land allocation for agriculture,” he said.
Schlettwein urged lawmakers to engage in constructive debate on the Bill, free from political and emotional rhetoric.
“Let us discuss the Land Bill without any hidden sentiments or emotions that would deter its enactment, but let us discuss it with clear hearts to ensure that we are passing a law that is meaningful and will impact the lives of many Namibians,” he urged.
